The Calcutta High Court has held that the police are not the appropriate authority to decide whether dairy farms are being operated in accordance with law or whether their operation is causing health hazards, directing a petitioner aggrieved by neighbouring dairy units to approach the West Bengal Pollution Control Board.

Justice Saugata Bhattacharyya was hearing a writ petition filed by Angurbala Mondal, who alleged that respondent nos. 7 and 8 were running unauthorised dairy farms or units adjacent to her residence, causing health hazards.

The petitioner had sought directions to the concerned police authority to take steps against the alleged unauthorised dairy farms and to stop their operation.

The State and the private respondents opposed the petition. It was also submitted that the petitioner herself was running a dairy farm.

The State authorities submitted that if the petitioner believed that the neighbouring dairy farms were being operated unauthorisedly and were causing health hazards, she should approach the West Bengal Pollution Control Board for adjudication.

Considering the submissions, the Court held that the police could not determine the issues raised by the petitioner.

"Police authority is not the appropriate authority to decide whether dairy farms/units are being run by respondent nos. 7 & 8 in accordance with law or not and whether running of such dairy farms cause health hazard," the Court observed.

The Court accordingly held that if the petitioner was aggrieved by the operation of the dairy farms, she would have to approach the concerned authority of the West Bengal Pollution Control Board for adjudication of the dispute.

Case: ANGURBALA MONDAL VS. THE STATE OF WEST BENGAL AND OTHERS

Case No: W.P.A. 22494 OF 2026

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