STATE OF WEST BENGAL versus HOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

STATE OF WEST BENGAL versus HOWRAH GANATANTRIK NAGARIK SAMITY & ORS.

The direction for the immediate (six-month) relocation of the bus terminus was unjustified as NEERI recommended relocation as a long-term measure. Any relocation must be preceded by identification of a suitable site and provision of facilities; the State Government should consider NEERI's recommendations and take appropriate action.

Parties
Appellant: State of West Bengal; Respondent: Howrah Ganatantrik Nagarik Samity & Ors.
Jurisdiction
India
Judgment Date
12 September 2011
Procedural Posture
Civil Appeal / Appeal Against Calcutta High Court Judgment in Writ Petition No. 7987 (w) of 2002
Outcome
Appeal allowed in part; impugned order modified
Legal Topics
Public Interest Litigation, Protection of Monuments, Relocation of Bus Terminus, Pollution Control
Environmental Law Public Interest Litigation Protection of Monuments Relocation of Bus Terminus Pollution Control

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Parties

State of West Bengal

Appellant

Howrah Ganatantrik Nagarik Samity & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Calcutta High Court Judgment in Writ Petition No. 7987 (w) of 2002

Legal Issues

  1. 1 Whether the High Court was justified in directing the immediate relocation of the bus terminus at Esplanade to protect Victoria Memorial Hall

Ratio Decidendi

The direction for the immediate (six-month) relocation of the bus terminus was unjustified as NEERI recommended relocation as a long-term measure. Any relocation must be preceded by identification of a suitable site and provision of facilities; the State Government should consider NEERI's recommendations and take appropriate action.

Court Disposition

Appeal allowed in part; impugned order modified

Orders

  • State Government directed to consider and take appropriate action on the NEERI report recommending relocation of the bus terminus away from the Esplanade.
  • No order as to costs.