HC stays filling up of Howrah waterbody

The Calcutta High Court, on Wednesday, stayed the filling up of a waterbody known as the Joypur Bil' in Howrah. Acting on a PIL by the Jalabhumi Banchao Committee and others, the vacation Bench of Justice Aniruddha Basu and Justice Sanjib Banerji directed the West Bengal Pollution Control Board (WBPCB) to look into the matter and file a report by October 30. The matter will come up for hearing before a regular Bench on November 6. Till then, no part of the waterbody on 2,000 bighas can be filled up. According to the PIL moved through advocate Chaitali Bhattacharya, the waterbody was being filled up by politically influential people from the area, with help from hooligans. Their act is in clear violation of the West Bengal Inland Fisheries Act which prohibits conversion and change of nature and character of a waterbody without permission from authorities. It has been claimed by the petitioners that nearly 800 bighas of the waterbody belongs to Eastern Railway. While state government lawyers pleaded that the land in question was not a waterbody but a low-lying plot, the petitioners pointed out that it helped in draining out of water from parts of Howrah and Hooghly during the monsoons. Even a tuberculosis hospital in nearby Sapuipara would have remained under water for months had the waterbody not been there. "If the waterbody is filled-up, large parts of Howrah and Hooghly would remain inundated for months during and after the monsoons. Nine canals that flowed into the waterbody are also being filled-up. Work first started in 2007 but had to be stopped due to local resistance. Work resumed in 2008 but could not go on for long. It has started again from September, 2009. The waterbody is typically a lowland that remains flooded for 3-4 months every year. It functions as a reservoir for natural rain water harvesting," it has been mentioned in the PIL. It has also been pointed out that the filling-up operations are resulting in a health problems for locals. "They are using flyash that is resulting in respiratory ailments. No permission has been sought from the irrigation department. Some portion of the land may be agricultural land and those involved in the filling-up operations seem to be taking advantage of this. Residents had sought to know from various government departments whether some project has been planned on the plot. After receiving no reply, they moved the court. The land in question is also not vested. Before starting any project, the government will have to acquire it. Nearly 40 residents have filed FIRs as well," Bhattacharya said. The Bench directed WBPCB to ascertain the status of the waterbody and also find out what kind of activity is going on there. The WBPCB must also ensure that no part of the waterbody is filled-up till the court takes a final decision on the matter.

"Loved reading this piece by Jithendra.H.J?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group