ORDER
SHEET WP No.158 of 2010 GA No.653 of 2012 GA No.2302 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE AMITAVA GANGULY Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble Mr.PRATAP KUMAR RAY ACTING CHIEF JUSTICE And The Hon'ble JUSTICE SUBAL BAIDYA Date :
30. h November, 2012.
Mr.Abhrajit Mitra, Mr.Satadeep Bhattacharya, Mr.Awanikumar Roy, Adversus …for the petitioner Ms.Chandreyi Alam, Adv.…for Union of India Mr.Jayanta Mitra, Sr.Adv.…appears and submits Ms.Rakhi Shroff, Ms.Madhu Priya, Adversus …for respondent No.9 Mr.Achintya Banerjee, Mr.Debangshu Mondal, Adversus …for K.M.C.The Court : Heard the learned Advocates appearing for the parties.
The petitioner has raised grievance in this public interest litigation that insecticides to kill the larvae of Malaria and Dengue namely Bacillus thuringiensis which is known as VectoBac 12AS chemical as being used is ineffective due to defect of storing in a container by maintaining temperature 15 to 30 degree Celsius as per the norms specified for use of that chemical.
It is further contended in this petition that Corporation is keeping the said chemical i.e.larvicide in a container without maintaining low temperature as suggested.
However, in the petition it has not been mentioned about chemical composition of that larvicide namely, VectoBac 12AS and there is no scientific analysis identifying the fact that if the said larvicide is kept in higher temperature more than 30 degree Celsius, there would be a change of chemical components of larvicide product by way of breaking the organic chain of said chemical component.
In absence of basic materials about chemical formula of said larvicide and in absence of any pleading that the temperature exceeding 30 degree Celsius will cause breaking of organic chain of that chemical, we cannot consider the issue as alleged.
Mr.Abhrajit Mitra, learned Advocate appearing for the petitioner however submits that by filing GA applications this point has been clarified and he prays time to refer those.
Considering such prayer, matter stands adjourned till 14th December, 2012.
In the meantime, the respondent No.1 may file affidavit-in-opposition, if any.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(PRATAP KUMAR RAY, ACJ.) TR/ (SUBAL BAIDYA, J.)