The Calcutta High Court has dismissed a Public Interest Litigation (PIL) filed alleging that certain contractors appointed by the National Highways Department are unauthorisedly drawing water.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya noted from the annexures to the petition that the petitioner has raised several queries under the Right to Information Act, 2005 and replies have been given by the authorities.
“If, according to the petitioner, the replies are not satisfactory, the appellate remedy is available under the said Act,” held the High Court.
In any event there is no representation to the authorities and if the contractors have been permitted by the Government of India for the purpose of construction of National Highways then it goes without saying that necessary infrastructure facilities have to be provided, namely, the availability of raw materials such as sand, cement etc. as well as the water, the Court observed.
“In any event if there is any illegal drawal of water for commercial purpose, the matter is a different issue.”
Apart from that, the Court found from the reply given by the National Highways Authorities to the petitioner dated 29.06.2024 one of the EPC subcontractor has taken permission from the State of West Bengal for sinking of submersible pump. Thus, the court was not inclined to entertain the petition.