National Green Tribunal
Tribunal On Its Own Motion Re Monikhal vs State Of West Bengal Through Chief ... on 26 July, 2021
Item No. 01 (Supplementary Causelist) Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 66/2021/EZ
Tribunal on its Own Motion in (Re: Monikhal Canal) Applicant(s)
Versus
State of West Bengal Ors. Respondent(s)
Date of hearing: 26.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : None
ORDER
1. We are taking up this matter suo-motu in today's i.e., 26.07.2021 supplementary cause-list as a PIL (Public Interest Litigation) with regard to the newspaper report published in the daily newspaper "The Telegraph" dated 16.07.2021 where it is mentioned that a 4 km. long canal that used to drain water from Metiabruz, Garden Reach and Maheshtala has been filled and shops and hawkers have occupied most of the canal stretch. It is reported that in the Government records this is still a canal and it runs along Santoshpur Road near Maheshtala. The water of this canal used to drain into another canal called Monikhal which merges with the Hooghly River. It is pointed out that defunct pumps and pipes fitted to the canal are still in existence. It is also stated that the homes of the residents of Santoshpur near Maheshtala in the area get flooded even after a brief spell of rain. It is also stated that the canal flows close to the Garden Reach Water Treatment Plant and the slush removed from the raw water in the plant which has been used to fill up the waterway. It is also stated that the canal needs to be dredged and restored.
2. We, therefore, take cognizance of the allegations made in the newspaper report with regard to the alleged destruction of the 1 Monikhal canal. The PIL shall proceed under the title head of "Tribunal on its Own Motion in (Re: Monikhal Canal) Vs. State of West Bengal & Others".
3. Issue notice to the following Respondents, returnable within four weeks:-
i) Chief Secretary, Govt. of West Bengal,
ii) Additional Chief Secretary, Deptt. of Environment, Govt. of West Bengal,
iii) Principal Secretary, Deptt. of Urban Development and Municipal Affairs, Govt. of West Bengal,
iv) Chairman/Municipal Commissioner, Kolkata Municipal Corporation, Kolkata,
v) Secretary, Ministry of Environment, Forest and Climate Change, New Delhi,
vi) Central Pollution Control Board, Regional Office Kolkata, and
vii) West Bengal State Pollution Control Board, Kolkata, through its Member Secretary,
4. We accordingly constitute a Committee comprising of the following Members:-
i) A Senior Scientist from the Integrated Regional Office of Ministry of Environment, Forest and Climate Change, Bhubaneswar/Kolkata,
ii) A Senior Scientist from the Central Pollution Control Board, Regional Office, Kolkata,
iii) A Senior Scientist from the West Bengal Pollution Control Board, Kolkata,
iv) A Senior Officer from the Kolkata Municipal Corporation, and
v) A Member from the River Rejuvenation Committee, West Bengal.
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The West Bengal State Pollution Control Board shall be the Nodal Office for all logistic purposes.
5. The Committee constituted above shall look into the following aspects:-
i) Assess the number of encroachers and the area encroached in the entire stretch of the canal as indicated in the newspaper report,
ii) The extent of damage caused to the canal on account of encroachment and disposal of solid waste,
iii) Conduct water analysis tests with particular reference to pH, BOD (Biological Oxygen Demand), COD (Chemical Oxygen Demand), FC (Faecal Coliform), TC (Total Coliform) and heavy metals, in different areas of the canal,
iv) Requirement of STPs/ETPs along the canal for treatment of sewage and effluents,
v) Assess the damage caused to environment and consequential Environmental Compensation to be imposed on the violators,
vi) Recommend remedial measures to restore the canal to its original character, and
vii) Action plan for restoration of the canal, removal of encroachment and the timeline within which the above aspects can be achieved,
6. The Committee shall submit its report before the Tribunal within two months after thorough inspection of the area in question.
7. List on 04.10.2021.
................................... B. Amit Sthalekar, JM .................................
Saibal Dasgupta, EM July 26, 2021 Original Application No. 66/2021/EZ AK 3