The Calcutta High Court disposed of a Public Interest Litigation (PIL) filed highlighting several issues relating to the wetlands in East Kolkata.

The petitioners as well as the villagers had given various representations to the authorities and our attention has been drawn to the representation dated 7th December, 2022. It has been pointed out that the persons, who have made the representation are the wetland community that earns livelihood using the sewage water of East Kolkata Wetlands, Ramsar site and since October, 2022 efforts are being made to construct a permanent bridge, which will result in narrowing the sewage carrying canal and this will affect more than 60 bherries that depend upon it and more than 2000 families are sustained by those bherries and if the Construction is put up, the flow of the water will be obstructed and consequently, pisciculture operation will be affected.

It is submitted by the learned advocate for the petitioners that pursuant to the representation, the authorities, more particularly the respondent has taken action and construction/illegal construction have been stopped. However, the grievance is that though such Illegal Construction had been stopped, the canal has not been restored to its original position by removing the debris and other structures, which were put up for the purpose of making the illegal construction.

The second aspect, which has been highlighted by the petitioners is that there are several such wetlands, which are being used for pisciculture and several families depend upon the same but however, miscreants are illegally putting up construction and whenever the authorities or the police officials visit the place, they stop construction and after the authorities leave the concerned place, the construction activity is commenced once again. Therefore, it is submitted that the respondent, which has already drawn a management plan should effectively implement the said plan and ensure that no illegal construction or filling up of the wetlands or the channels leading to the wetlands are being done.

The Division Bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya that the illegal construction put up on the wetlands pursuant to the representation dated 7th December, 2022 has been stopped, it goes without saying that the respondent authority should ensure that the canal is restored to its original position.

“Therefore, there will be a direction to the respondent to immediately take up the work of restoration of the canal to its original position by removing all the illegal constructions, which were put up and such operation shall be commenced and completed within a period of three months from the date of receipt of server copy of this order.”

With regard to the second grievance expressed by the petitioners, namely with regard to illegal constructions being put up in wetlands in various places in and around the area pointed out by the petitioners, the Court held that since a management plan has already been drawn by the respondent authority, what is required is effective implementation of the management plan and this will be possible only if the respondent acts in coordination and in conjunction with the other departments of the State.

The Court opine that a vigilance team can be formed by the respondent authority by drawing officers from the Environment Department as well as from other departments including the officers from the office of the District Magistrate as well as the officials of the Department of Fisheries. This vigilance team shall be assisted by the concerned Superintendent of Police so that they can make periodic visits on various areas by conducting surprise inspections wherever illegal construction is being done, or wherever there is blockage of any water channel, the same shall be immediately looked into and such illegal activities be stopped and action be taken against those persons, who perpetrates such illegal activities.

“Thereafter, the illegal construction should be directed to be removed by the persons, who have put up the same within a time frame. Upon his/their failure to do so, the construction shall be removed by the department themselves and the costs be recovered from the persons, who have put up such illegal construction. That apart, criminal cases shall also be registered against such of those persons, who have illegally put up construction in such wetlands as well as blocking the water channels”, the Bench directed.

Further the Court directed that such vigilance team shall be constituted within a period of eight weeks from the date of receipt of server copy of this order and effective steps be taken by the said vigilance team bearing in mind the observations made by this Court in this order and it will be well-open to the said vigilance team to co-opt one of the petitioners as it appears that the petitioners have sufficient information with regard to the activities, which are being carried on in the said locality.

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