11.06.2025 Ct. No. 30 S.L. No. 31 SM WPA 17905 of 2019 Lata Dhar Vs. The State of West Bengal & Ors. Mr. Souvick Mitra Ms. Shetparna Ray ……for the petitioner Mr. Neelam Singh …….for the State Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri …….for the Bhatpara Municipality Affidavit-of-service filed be kept with the record. The present writ application has been preferred for direction upon the Bhatpara Municipality to take steps to address the grievance of the petitioners. Learned counsel appearing for the Bhatpara Municipality submits that the dispute between the parties in this case lies within their respective premises and not on any public pathway or area and as such it is not within the domain of the Municipality to take any action and against such grievance the petitioner has to approach the civil Court. It appears from paragraph 3 of the writ application that the specific grievance of the petitioner has been stated as follows. “The sewage of the entire premises is being collected in a „kacha well‟ within their premises, just adjacent to the kitchen of the petitioner herein.” 2 It appears that the sewage in respect of which the petitioner is aggrieved is within the premises of the private respondent. The petitioner has made several representations to the Municipality but there has been no action on the same. Section 63(2) of the Act lays down as follows:- “Section 63.…………………….. (2) in the sphere of public health and sanitation,— (a) collection, removal and disposal of solid wastes including filth, rubbish and other obnoxious or polluted matters; (b) disposal of solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged; (c) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances; (d) regulating and abating offensive and dangerous trades or practices; (e) cleansing of public streets and other public places; (f) ensuring the wholesomeness of water supplied for drinking and domestic purposes; (g) maintenance of all public tanks and regulating the re-excavation, repair and up- keep of all private tanks, wells and other sources of water supply on such terms and conditions as the Municipality may deem proper; (h) provide for places for the disposal of the dead and the regulation and maintenance of such places; (i) measures for preventing and checking the spread of dangerous diseases; (j) immunisation including public vaccination and inoculation; 3 (k) removal and disposal of the unclaimed dead bodies and carcasses of all dead animals; (I) abatement of nuisances from birds and animals including dog menace; (m) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with……….” Accordingly the respondent Bhatpara Municipality is directed to immediately conduct an inspection in presence of both parties of the premises as stated in the representation filed by the petitioner before the Chairman within 10 days from the communication of this order and take necessary action without any delay. WPA 17905 of 2019 is disposed of. All connected applications, if any, stand disposed of. Interim order, if any, stands vacated. Petitioner is granted liberty to communicate the server copy of this order. Parties to act on the same. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. [Shampa Dutt (Paul). J]