Court emphasizes environmental regulatory authority's role in addressing health hazards caused by unauthorized dairy units near petitioner's residence.
In a significant judgment delivered on 14th September 2026, the Calcutta High Court clarified the jurisdictional boundaries concerning complaints about unauthorized dairy farms allegedly causing health hazards. The writ petition was filed by Angurbala Mondal, who sought police intervention to shut down dairy farms operated by respondents Nos. 7 and 8 adjacent to her residence, claiming these units were unauthorized and posed health risks.
The Court, presided over by Mr. Justice Saugata Bhattacharyya, observed that the police authority does not have the competence to determine the legality of such operations or to assess associated health hazards. Instead, the Court directed the petitioner to approach the West Bengal Pollution Control Board (WBPCB), the appropriate statutory body empowered to adjudicate on environmental and pollution-related concerns.
The petitioners contended that the dairy farms were unauthorized and causing significant health issues. However, the respondents, including the State of West Bengal and others, countered by stating that the petitioner herself was running a dairy farm, complicating the scenario. The State's advocates argued that environmental regulatory authorities such as the WBPCB are specifically designated to handle such matters, including evaluating the legitimacy of operations and potential health implications.
The Court, after considering the submissions, reinforced the principle that environmental and health-related grievances should be addressed by specialized bodies rather than the police. Consequently, the writ petition was disposed of with liberty granted to the petitioner to seek remedy before the Pollution Control Board.
This ruling underscores the delineation of authority between law enforcement agencies and environmental regulatory bodies, ensuring that technical and scientific issues are evaluated by experts in the field. It also provides a clear procedural direction for citizens aggrieved by environmental hazards, promoting administrative efficiency and legal clarity.
Bottom Line:
Police authority is not the appropriate authority to determine whether unauthorized dairy farms are causing health hazards. Aggrieved parties should approach the West Bengal Pollution Control Board for adjudication.
Statutory provision(s):
West Bengal Pollution Control Board Act, Environmental Laws related to pollution control (specific statutes not cited in judgment)
Angurbala Mondal v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2979207
