Factual Background 

In the Instant case of Goutam Malik v. State of W.B., The complaint was filed on June 6, 2023, about the restoration of the water body next to and around Platform No. 4 at Baruipur Railway Station, Eastern Railway. The petitioner submitted a public interest writ petition asking the court for guidance. According to the petitioner, the waste dumping caused the water body to be partially blocked. The Convenor of the Baruipur Jalasay Banchao Committee was informed of the problem by the Divisional Engineer, Eastern Railway, Sealdah, who also asked for the water body to be cleaned and maintained as well as the removal of trash from the platform’s backside. However, despite repeated requests, the trash is not taken out.

Analysis of Court Order 

The Calcutta High Court’s division bench, presided over by Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya, decided that Eastern Railway should be given the job of cleaning and maintaining the area and water body next to and surrounding Platform No. 4 at the Baruipur Railway Station, with the assistance of officials from the relevant district.

The Court noted that the dumping of rubbish had partially obstructed the water body that surrounded and was near to the same Platform. The Court additionally determined that the Committee lacked the statutory support and government funding to do the essential upkeep and cleaning tasks.

The court has mandated that Eastern Railway assume responsibility for preserving and cleaning a certain region with the assistance of district and Pollution Control Board representatives. Three weeks after obtaining the court order, the joint inspection will be carried out. Within two months of the inspection, Eastern Railway will be given the authority to do cleaning tasks. In order to recoup cleaning and maintenance expenses, the court further ordered the District Magistrate to file a lawsuit against private companies that dump waste.

CASE NAME – Goutam Malik v. State of W.B., W.P.A.(P) 365 of 2023