No Scope Of Polluting River Water: Calcutta HC Refuses To Issue Interim Order Restraining Conduct Of Public Rally On River Bed By CM Mamata Banerjee

The Calcutta High Court on Monday refused to issue any interim order in a Public Interest Litigation (PIL) petition against the holding of a public rally on a river bed by West Bengal Chief Minister Mamata Banerjee on June 1 thereby polluting the Gandheswari river. 

The PIL alleged that the respondent authorities had acted at the behest of the ruling party in granting permission to the Chief Minister to hold a public rally on a river-bed to the detriment of the river. It was further contended that a project for dredging of drainage channels in the Gandheswari river has been undertaken and, as such, the proposed rally of several people will ultimately affect the river-bed adversely, to the detriment of public interest.

A Bench comprising Justice Sabyasachi Bhattacharyya and Justice Ajoy Kumar Mukherjee took on record a report filed by the Executive Engineer, Bankura Irrigation Division wherein it had been submitted that that no activity was found on the river-bed and apart from levelling and dressing, no activity related to change of existing ground profile was found on the river-bed. 

The Court was further apprised that the Sub-Divisional Officer, Bankura has also given due permission to hold the rally and that the same would not be to the detriment of public interest in any manner whatsoever.

Refusing to issue any interim order, the Court observed, 

"Upon scrutinising the photographs annexed to the present writ petition, it is evident that the alleged river- bed, where the rally is proposed to be held, is absolutely dry and there is no scope of adversely affecting the river water or polluting the same in any manner by virtue of holding such rally."

It was further opined that since the respective authorities as well as the private individuals owning a substantial share of the land where the rally is going to be held have sanctioned the holding of the rally, there is no scope to interfere in the present writ petition.

However, the Court ordered the respondent authorities to file an affidavit-in-opposition within June 14 and any reply thereto was ordered to be filed within June 21. 

The matter is slated to be taken up for further hearing on June 22. 

Case Title: Sulogna Chowdhury v. State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 220 

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