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Iskcon And Anr. vs Nanigopal Ghosh And Ors.

Supreme Court Of India|28 August, 1998

JUDGMENT / ORDER

1. Special leave granted.
2. On the application of some citizens alleging pollution, the Green Bench of the Calcutta High Court passed an order on 16-5-1997. By the said order, a direction was given to Respondent 14 Municipal Authorities to remove all cows and calves which had been kept by the present petitioner, namely, Iskcon and the said order had been passed without even noticing Iskcon. On an application being filed for the recall of this order the High Court rejected the same by order dated 6-6-1997. Thereafter, Iskcon appears to have filed a writ petition seeking relief of injunction but that application was dismissed. We are not concerned with the said proceedings in the present petitions. Mr Ray appearing for the petitioners contends that without giving notice to Iskcon the Green Benoh could not have disposed of the public interest petition by order dated 16-5-1997 and, therefore, the said order is liable to be vacated. There is no dispute that no notice of the proceeding had been served on Iskcon. Apart from Iskcon there are several other places within the municipality where cows are kept and they are required to be noticed before finally disposing of the public interest petition. The disposal of the public interest petition by order dated 16-5-1997 without noticing the persons directly affected, is vitiated for non-compliance with the principle of natural justice. We are not examining the merits of the rival contentions of the parties before us. Since we think that the proper course would be to remit the matters to the Calcutta High Court for redisposal of the public interest petition after giving opportunity to Iskcon to put forth its grievances as well as after noticing all other persons including the Central Pollution Control Board, who may be affected by the order of the Calcutta High Court which would be ultimately given. We, accordingly, set aside the orders dated 6-6-1997 and 16-5-1997 and remit the matters to the Calcutta High Court for redisposal of the same in accordance with law. We make it clear that any undertaking filed by the petitioner with regard to the liability of payment of maintenance charges will be considered by the Calcutta High Court while disposing of the matters finally and appropriate direction in that regard can be given. In view of the nature of allegations made in the public interest petitions, namely, environmental hazard on account of keeping of cows, it would be desirable if the matters are heard and disposed of at an early date.
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Title

Iskcon And Anr. vs Nanigopal Ghosh And Ors.

Court

Supreme Court Of India

JudgmentDate
28 August, 1998
Judges
  • S V Manohar
  • G Pattanaik