National Green Tribunal
Ashit Das vs State Of West Bengal on 30 July, 2025
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.215/2024/EZ
Ashit Das Applicant(s)
Versus
State of West Bengal Respondent(s)
Date of hearing: 30.07.2025
Date of uploading: 12.08.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for State Respondents
(in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for WBPCB
ORDER
1. Case called out. No one is present for the Applicant. Applicant was not present even on 14.07.2025, 23.04.2025, 28.02.2025, 13.02.2025, or 29.01.2025, though notices were issued to him on 28.11.2024.
2. Affidavit dated 29.07.2025 has been filed by the Respondent No.2, District Magistrate & Collector, District - Purba Medinipur; the same is taken on record.
3. The Respondent No.5, Sudeep Ghosh, private respondent, was not present even on 14.07.2025. He was not present on any of the previous dates during the case proceedings.
4. We have no option but to dispose of the case on the facts as they stand.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 30, 2025, Original Application No.215/2024/EZ OM 1 Item No.02 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.215/2024/EZ IN THE MATTER OF Mr. Ashit Das R/o P.O.: Kalindi, P.S.: Mandarmoni (Coastal), Dist.: Purba Medinipur - 721455 ..........Applicant(s) Versus
1. Principal Secretary Department of Environment, Government of West Bengal
2. District Magistrate, Purba Medinipur
3. West Bengal State Pollution Control Board, through its Member Secretary
4. West Bengal State Coastal Zone Management Authority, through its Member Secretary
5. Sudeep Ghosh, son of late Sagar Ghosh resident of 304 C/2 Bagmari Road, Kankurgachi, Kolkata-700054 ...........Respondent(s) Date of hearing: 30.07.2025 Date of uploading: 12.08.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for State Respondents (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for WBPCB ORDER
1. The present Original Application has been registered on the basis of a letter petition dated 12.03.2024 filed by the Applicant alleging that one Sudeep Ghosh, son of late Sagar Ghosh, resident of 304 2 C/2 Begamari Road, Kankurgachi, Kolkata-700054 is illegally constructing a hotel on the sea beach at Tajpur Mauza, J.L. No.244, Bata 446, Dag No.455 and 453. It is prayed that an onsite investigation be carried out to stop the construction of the illegal hotel as the said construction will cause pollution and damage to the environment.
2. The Respondent No.2, District Magistrate & Collector, Purba Medinipur, has filed affidavit dated 28.01.2025 stating that the Fact-Finding Committee constituted by the Tribunal submitted its Report but the same was not signed by the West Bengal State Coastal Zone Management Authority and that the Report would be filed by the next date through a further affidavit.
3. Further, affidavit dated 27.02.2025 has been filed by the Respondent No.2, District Magistrate & Collector, Purba Medinipur.
Along with this affidavit, the Report of the Committee has been filed of an inspection carried out on 20.01.2025. The Inspection Report reads as under:-
Page 66-68 "Report of the Committee constituted by Hon'ble National Green Tribunal, Eastern Zone Bench vide Order dated 28.11.2024 in connection with OA No. 215/2024/EZ in the matter between Ashit Das vs State of West Bengal & Ors.
In compliance with the Hon'ble National Green Tribunal, Eastern Zone Bench Order dated. 28.11.2024, an inspection of the site was conducted on 20.01.2025 at 1.00 PM by the committee constituted by the Hon'ble NGT comprising of the following members:
1. The District Magistrate, Purba Medinipur or his representative not below the rank of Additional District Magistrate (ADM).3
2. The Senior Scientist, West Bengal State Pollution Control Board.
3. The Chief Environment Officer, West Bengal State Coastal Zone Management Authority or any senior Officer nominated by him.
The following officials were present to conduct the enquiry:
1. Sri N.C Barai, AEE, Haldia R.O.
2. Manas Kumar Roy, R.O, BL&LRO, Ramnagar-I.
3. Sri Asit Kumar Giri, R.I, Talgachari-2 Gram Panchayat.
4. Sri Sakti Ranjan Dey, Staff, Office of the BL&LRO, Ramnagar-I.
5. No representative remained present of behalf of WBSCAMA.
Date and time of enquiry: 20.01.2025 at 01 p.m. to 2 p.m. Place of enquiry: LR Plot no. 446, 453 and 446/455 of Mouza- Tajpur, JL No.244, PS- Ramnagar, Dist-
Purba Mcdinipur.
During enquiry the following observation were made
1. It appears that the nature and character of the land in question has been changed by one Mr. Sudip Ghosh, S/o- Lt. Sagar Ghosh, address- 304 C/2, Bagmari Road, Kolkata 700054, violating the provision of section 4C of the WBLR Act, 1955 by constructing a Hotel/Resort namely 'Relax Resort'.
2. Location -
Sl. No. Points/Corner Latitude Longitude 1 A 21.647284°N 87.629743°E 2 B 21.64713°N 87.62922°E 3 C 21.647375°N 87.629776°E 4 D 21.647391°N 87.629731°E 5 E 21.647919°N 87.629585°E 6 F 21.647974°N 87.62931°E 7 G 21.648517°N 87.629253°E 4 8 H 21.648498°N 87.629167°E
3. It reveals that Plot no. 446 and 453 are recorded in favour of Sudip Ghosh, S/o- Sagar Ghosh vide LR Khatian no. 1876 of Mouza- Tajpur.
4. A notice under section 4C (5) of the WBLR Act had been issued for restoration of the land in question. The copy of the same had also been forwarded to Officer in Charge, Mandarrnani Police Station.
5. The Hotel is orange category having 31 rooms, two Kitchens, a Swimming Pool and a Restaurant with sitting capacity 40 persons. Waste water generated from room washing, kitchen, utensil washing and toilet was finally discharged to soak pit without any treatment. Solid waste in being disposed through panchayet vat as reported by the unit representative. The Hotel already started its activity as reported by the hotel representative.
6. At the time of inspection, the hotel representative could not produce any documents including approved sanction building plan issued by competent authority.
7. The Uni hotel/resort is located at the sea shore of Bay of Bengal. As per as location is concern, it is very difficult to say violation of CRZ rule, 2011 and its amendments time to time or not. It may be mentioned that similar type of construction/ hotel is also found within the close proximity of this hotel.
8. As per water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 every hotel unit must obtain permission (CTE/CTO) from West Bengal Pollution Control Hoare. (WBPCB). The Hotel in question could not produce the same. Waste water should be discharged outside the unit premises after proper treatment in ETP. Solid waste should be disposed as per Solid Waste Management Rules. 2016. The unit must take permission from 5 WBSCAMA immediately as per CRZ Rules 2011 and its amendments time to time.
The copy of the enquiry report prepared by Block Land and Land Reforms Officer, Ramnagar I and the copy of the enquiry report submitted by West Bengal Pollution Control Board are annexed here to and marked as 'Annexure A1'.
4. Through a further affidavit, it is stated that the Additional District Magistrate (LR) & District Land & Land Reforms Officer, ('DL & LRO' for short), Purba Medinipur, vide his letter dated 12.02.2025, has written to the Environmental Engineer, West Bengal Pollution Control Board, to take necessary action in the matter.
5. A further affidavit dated 29.07.2025 has been filed by the District Magistrate & Collector, Purba Medinipur and it is stated that the Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur, vide his letter dated 22.07.2025, has communicated to Mr. Sudip Ghosh, Respondent No.5 herein, Proprietor, Hotel Relux Resort, Tajpur, Purba Medinipur and the Manager of the Hotel, informing them that their Hotel/Unit has caused colossal damage to the environment and public health which comes under purview of Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 15 of the Environment (Protection) Act, 1986. It is also stated that Additional District Magistrate (LR) & District Land & Land Reforms Officer has directed the Respondent No.5 to close the operation of its hotel with immediate effect and has also directed the proprietor of the Respondent No.5 to appear in the office of the Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur, to show cause. It is further stated that the District Magistrate & Collection, Purba Medinipur, has issued closure order 6 vide Memo No.558 dated 28.07.2025 to close down the Hotel of the Respondent No.5 and has also vide another Memo No.563 dated 29.07.2025 requested the West Bengal Pollution Control Board to take necessary action in the matter.
6. The Respondent No.4, West Bengal Coastal Zone Management Authority ('WBCZMA' for short), has filed affidavit dated 23.04.2025 bringing on record an Inspection Report of inspection conducted on 20.01.2025 & 10.03.2025. The said Inspection Report reads as under:-
"Report of the Committee constituted by Hon'ble National Green Tribunal, Eastern Zone Bench vide Order dated 28.11.2024 in connection with OA No. 215/2024/EZ in the matter between Ashit Das vs State of West Bengal & Ors.
In compliance with the Hon'ble National Green Tribunal, Eastern Zone Bench Order dated. 28.11.2024, an inspection of the site was conducted on 20.01.2025 & 10.03.2025 at 1.00 PM & 12 noon respectively by the committee constituted by the Hon'ble NGT comprising of the following members:
4. The District Magistrate, Purba Medinipur or his representative not below the rank of Additional District Magistrate (ADM).
5. The Senior Scientist, West Bengal State Pollution Control Board.
6. The Chief Environment Officer, West Bengal State Coastal Zone Management Authority or any senior Officer nominated by him.
The following officials were present to conduct the enquiry:
6. Dr. Rajarshi Chakraborty, Environment Officer, rep. WBSCZMA (Present on 10.03.2025)
7. Sri N.C Barai, AEE, Haldia R.O.
8. Manas Kumar Roy, R.O, BL&LRO, Ramnagar-I.
9. Sri Asit Kumar Giri, R.I, Talgachari-2 Gram Panchayat.
7
10. Sri Sakti Ranjan Dey, Staff, Office of the BL&LRO, Ramnagar-I. Date and time of enquiry: 20.01.2025 at 01 p.m. to 2 p.m. & 10.03.2025 from 12 noon onward Place of enquiry: LR Plot no. 446, 453 and 446/455 of Mouza- Tajpur, JL No.244, PS- Ramnagar, Dist-
Purba Mcdinipur.
During enquiry the following observation were made
1. It appears that the nature and character of the land in question has been changed by one Mr. Sudip Ghosh, S/o- Lt. Sagar Ghosh, address- 304 C/2, Bagmari Road, Kolkata 700054, violating the provision of section 4C of the WBLR Act, 1955 by constructing a Hotel/Resort namely 'Relax Resort'.
3. Location -
Sl. No. Points/Corner Latitude Longitude 1 A 21.647284°N 87.629743°E 2 B 21.64713°N 87.62922°E 3 C 21.647375°N 87.629776°E 4 D 21.647391°N 87.629731°E 5 E 21.647919°N 87.629585°E 6 F 21.647974°N 87.62931°E 7 G 21.648517°N 87.629253°E 8 H 21.648498°N 87.629167°E
3. It reveals that Plot no. 446 and 453 are recorded in favour of Sudip Ghosh, S/o- Sagar Ghosh vide LR Khatian no. 1876 of Mouza- Tajpur.
4. A notice under section 4C (5) of the WBLR Act had been issued for restoration of the land in question. The copy of the same had also been forwarded to Officer in Charge, Mandarrnani Police Station.
85. The Hotel is orange category having 31 rooms, two Kitchens, a Swimming Pool and a Restaurant with sitting capacity 40 persons. Waste water generated from room washing, kitchen, utensil washing and toilet was finally discharged to soak pit without any treatment. Solid waste in being disposed through panchayet vat as reported by the unit representative. The Hotel already started its activity as reported by the hotel representative.
6. At the time of inspection, the hotel representative could not produce any documents including approved sanction building plan issued by competent authority.
7. As per Coastal Regulation Zone (CRZ) Notification, 2011, the project lies in CRZ II. There is no existing building or road between the project site and the sea.
As per CRZ Notification, 2011 and office Memorandum F. No. IA3 12/1/2022-IA.III dated 26.04.2022, for development of any beach resort or hotel in CRZ II area, the project proponent is required to apply at State Coastal Zone Management Authority for its recommendation.
As per office records, no application has been received at the West Bengal Coastal Zone Management Authority for the project till the date of field visit.
8. As per water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 every hotel unit must obtain permission (CTE/CTO) from West Bengal Pollution Control Hoare. (WBPCB). The hotel in question could not produce the same. Waste water should be discharged outside the unit premises after proper treatment in ETP. Solid waste should be disposed as per Solid Waste Management Rules. 2016.
The copy of the enquiry report prepared by Block Land and Land Reforms Officer, Ramnagar I and the copy of the enquiry report submitted by West Bengal Pollution Control Board are annexed here to and marked as 'Annexure A1(Colly.)'.
97. This Inspection Report mentions that the Project lies in CRZ-II, though there is no existing building or road between the project site and the sea. This description does not exclude the possibility of the project site being in CRZ-I area.
8. Along with this affidavit, an Investigation Report addressed to the Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur, dated 22.01.2025 has also been filed which reads as under:-
"To, The Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur.
Sub:- Submission of Investigation Report Ref.:- 1) His office Memo No.21/NGT/215/2024/EZ dated 14.01.2025: &
2) Order dated 28.11.2024 as passed by Hon'ble National Green Tribunal (Eastern Zone Bench, Kolkata) in O.A. No.215/2024/EZ.
Sir, With reference to the subject matter captioned above, it is to inform that as per your kind direction and in compliance of the order passed by Hon'ble National Green Tribunal, an onsite field enquiry has been caused on 20.01.2025 at about 01:00 PM by the undersigned with the presence of one Revenue Officer & the concerned Revenue Inspector, and also with the presence of the Assistant Engineer Sri Sisir Kumar Mandal being the representative of Haldia Regional Office of the W.B. Pollution Control Board and representative of West Bengal State Pollution Control Board; though no representative remained present on behalf of West Bengal State Coastal Zone Management Authority on the suit land 10 comprising of LR Plot No.446, 453, & 446/455 of the Mouza- Tajpur, JL No.244.
It is revealed from the enquiry that the nature and character of the subject land has been changed by one Mr. Sudip Ghosh, S/O Lt. Sagar Ghosh, Address-304 C/2, Bagmari Road, Kolata-700054, violating the provision of Section 4C of the WBLR Act, 1955 by making a concrete construction of a hotel/resort named Relax Resort.
It is also submitted that the said hotel/resort is located on the sea beach distant of almost 30 meter from High Tide Line in south-west Latitude 21.647216 degree, Longitude 87.62921 degree and in the south-east Latitude 21.647284 degree, Longitude 87.629743 degree and in the north-east Latitude 21.648498 degree, Longitude 87.629167 degree and in the north-west Latitude 21.647936 degree, Longitude 87.62936 degree. The subject land is situated in the CRZ mouza. This is also a violation of CRZ Notification.
It is further submitted that a notice had already been issued against Sudip Ghosh, S/O Lt. Sagar Ghosh U/S 4C(5) of the WBLR Act, 1955. The same has also been forwarded to the B.D.O. Ramngar-I Dev. Block, and the Officer-in-Charge, Mandermoni Coastal Police Station. (Copy enclosed & Marked as Annexure-R-3). Also an Action taken report has also been submitted to your good self. (Copy enclosed & Marked as Annexure-R-4).
This is submitted for favour of your kind perusal.
Yours faithfully, Block Land & Land Reforms Officer Ramnagar-I"
119. Along with this affidavit, order dated 26.09.2012 issued by the District Magistrate, Purba Medinipur, has also been filed which reads as under:-
"ORDER WHEREAS in pursuance to orders of the Hon'ble High Court, Calcutta dated 27.02.2009 and 29.08.2008 in WP No.6965(W) of 2007 stating -
"in the interest of justice, we now direct that there shall be no construction activity at all by anybody within the Coastal Regulation Zone as defined with regard to the areas in an around Mandarmoni beach areas."
"concerned local authorities as well as the police authorities to ensure that the orders passed today are enforced."
It is directed that all concerned should ensure compliance of the order of the Hon'ble High Court, Calcutta and take all necessary administrative and legal steps to ensure that no violation of the order of the Hon'ble High Court, Calcutta takes place.
WHEREAS, District Magistrate & Collector, Purba Medinipur vide no.252(2)/C dated 25.06.2010 had already issued necessary instructions to take necessary steps and lodge FIR and make arrest of the people involved in the construction activities where construction is taking place in violation of the order of the Hon'ble High Court, Calcutta.
WHEREAS, it has been reported that some illegal construction in the areas within Coastal Regulation Zone in Tajpur and Alampur Mouza under Ramnagar PS is also taking place, therefore same necessary steps shall also be taken in the Tajpur & Alampur mouzas of Tajpur areas to stop violation of any CRZ provisions.
12THEREFORE, it is hereby directed that NO Gram Panchayat/Panchayat Samiti/Digha Sankiarpur Development Authority shall pass/approve any building plan or issue any NOC for construction of any hotel, resorts, guest house, holiday home, restaurant or any other building or shall issue trade license for carrying out any business in hotel, resorts, guest house, holiday home, restaurant etc. in the mouzas of Mandermoni (JL No.245), Silampur (JL No.246), Sonamui (JL No.282), Dadanpatrabar (JL No.284), Mani (JL No.285) and Dakshin Purushottompur (JL No.286) mouzas of Mandarmoni area of Ramnagar Police Station and Tajpur and Alampur (JL No.241) mouzas of Ramnagar Police Station in Tajpur areas. If any building plan/ permission/ or NOC for construction has already been issued after the date of above mentioned order it shall be immediately canceled by the concerned Gram Panchayat/Panchayat Samiti or DSDA.
Block Land & Land Reforms Officer, Ramnagar-I & Ramnagar-II Block shall also ensure that no conversion of land for commercial activities and/ or for creation of resorts, hotels, holiday homes, guest houses, etc. in these mouzas is allowed by them. If any new construction or conversion has taken place or is taking place without conversion of land as per rules, necessary action to lodge FIR against the owner of land and owner and manager of such resorts, hotel guest house, restaurant, holiday home, guest house under the provision of West Bengal Land Reforms Act shall be taken immediately.
It is directed that Sub-Divisional Magistrate, Contai may exercise his magisterial power by issuing prohibitory orders under section 144 CrPC and to prohibit movement of construction materials beyond ..... that no movement of construction materials, 13 construction equipments, earth moving equipment etc. .... place.
It is further directed that Superintendent of Police, Purba Medininipur may issue necessary instructions to concerned police authorities to ensure that strong action is taken on the FIR lodged for violation of order of the Hon'ble High Court, Calcutta and Provisions of CRZ rules and for violation of West Bengal Land Reforms Act and action is taken in the quickest and most effective manner. He is further directed to ensure that the prohibitory order imposed by the Sub- Divisional Magistrate, Contai regarding movement of construction materials, equipments etc. is also enforced strictly.
No authority like Gram Panchayat/Panchayat Samiti/Digha Sankarpur Development Authority, Block Land & Land Reforms Officers shall approve any building plan; issue NOC for construction and/or issue any trade license, conversion certificate etc. without seeing whether the applicant has obtained the clearance/approval/NOC from the West Bengal State Coastal Zone Management Authority (WBSCZMA).
Block Land & Land Reform Officer, Ramnagar-I & Ramnagar-II are directed to lodge FIR by name against the owner/manager of such premises and building/ structure where violation takes place or has taken place after the order of Hon'ble High Court.
Superintendent of Police, Purba Medininpur and Sub-Divisional Magistrate, Contai (in ANNEXURE-A) and Executive Officers of Ramnagar-I & II Panchayat Samities and Pradhas, Kallndi and Talgachari-II GPs are also requested to submit monthly report to the undersigned in the following format (ANNEXURE-B) as annexed.
14District Magistrate Purba Medinipur"
10. A further letter dated 12.11.2024 issued by the Block Land & Land Reforms Officer, Purba Medinipur, addressed to the Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur, has been filed which reads as under:-
"Memo No.536/Ram-I/24 Date:- 12/11/2024 To, The Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur.
Sub:-Action Taken Report Ref.:- His office Memo No.5796/DL&LRO/PM/24 dated 11.09.2024.
Sir, With reference to the subject matter captioned above, it is to inform that as per your kind direction, a field enquiry has been caused by one Revenue Officer & concerned Revenue Inspector on the below mentioned land schedule. It is revealed from the enquiry report caused by the officials of the undersigned that the nature-character of the below mentioned land has bene changed caused by one Mr. Sudip Ghosh, S/o Lt. Sagar Ghosh, Address-304 C/2, Bagmari Road, Kolkata-700054, violating the provision of Section 4C of the W.B.L.R. Act, 1955 by making a concrete construction probably of a hotel or resort.
It is further submitted that he is immediately directed to stop any further construction work. Also he is directed to appear before the undersigned and show cause within seven (07) days from receiving the said notice already issued against him U/S 4C(5) of the W.B.L.R. Act, 1955; why legal notice under Section 4D of the said Act will not be taken against him for violation of the provisions of Section 4C of the 15 W.B.L.R. Act, 1955, failing which action will be taken against him as per law (Copy enclosed).
:- Schedule of Land :-
Name of the Mouza J.L. No. LR Plot No.
Tajpur 244 446, 453,
& 446/455
This is submitted for favour of your kind perusal.
Yours faithfully, Block Land & Land Reforms Officer, Ramnagar-I"
11. A perusal of the Inspection Report of the inspection carried out on 20.01.2025 shows that the Hotel is in 'Orange Category' with 31 rooms, two kitchens in two separate buildings, swimming pool and restaurant with seating capacity of 40 persons; individual stack height of about 20 feet from the ground level attached to each kitchen; wastewater generated from room washing, kitchen, utensil washing and toilet was finally discharged to soak pit without any treatment; Solid waste is being disposed of through panchayat vat; the hotel has started its activity as informed by the representative of the hotel but it is also stated that at the time of inspection, the hotel representative could not produce any documents relating to the approved sanction of building plan issued by the competent authority. The coordinates of the Unit premises of the Respondent No.5 has also been given in the Inspection Report.
12. Further, Inspection Report of the inspection carried out on 20.01.2025 further shows that the nature and character of the land in question has been changed by Mr. Sudip Ghosh, Respondent No.5 herein, violating the provisions of Section 4C of the West 16 Bengal Land Reforms Act, 1955 by constructing a Hotel/Resort namely 'Relax Resort'. The coordinates of the Unit has been given in the Report and it is mentioned that Plot No.446 and 453 are recorded in favour of Sudip Ghosh, Respondent No.5 herein. This Inspection Report further mentions that the Unit Hotel is located at the seashore of the Bay of Bengal. It is mentioned that every Hotel Unit must obtain Consent to Establish (CTE) and Consent to Operate (CTO) issued by the West Bengal Pollution Control Board but the Unit of Respondent No.5 could not produce any of those documents. It is also stated that the Unit is required to obtain permission from the West Bengal State Coastal Zone Management Authority as per Coastal Regulation Zone ('CRZ' for short) Rules, 2011 as amended from time to time.
13. The Inspection Report filed by the West Bengal State Coastal Zone Management Authority further shows that at the time of inspection, the Hotel representative could not produce any documents to show approved Sanction Building Plan issued by the competent authority. It is also stated that as per Coastal Regulation Zone ('CRZ' for short) Notification, 2011, the project lies in CRZ-II and there is no existing building or road between the project site and the sea.
14. It is further stated that as per CRZ Notification, 2011 and Office Memorandum F.No.IA3 12/1/2022 IA.III dated 26.04.2022, for development of any beach resort or hotel in CRZ-II area, the Project Proponent is required to submit application before the State Coastal Zone Management Authority for its recommendation. It is stated that in the present case no application has been received at the West Bengal State Coastal Zone Management Authority for the 17 project of the Respondent No.5. It is also stated that the Hotel Unit must possess Consent to Establish and Consent to Operate from the West Bengal Pollution Control Board but the Hotel in question could not produce any such documents.
15. A perusal of the letter of the Block Land & Land Reforms Officer dated 22.01.2025 extracted hereinabove, reveals that the nature and character of the subject land has been changed by the Respondent No.5 in violation of the provisions of Section 4C of the West Bengal Land Reforms Act, 1955 by making concrete construction of a hotel/restaurant in the name of Relax Resort. The Report further mentions that the said Hotel/Resort is located on the sea beach at a distance of about 30 meters from the High Tide Line in south-west Latitude 21.647216 degrees, Longitude 87.62921 degrees and in the south-east Latitude 21.647284 degrees, Longitude 87.629743 degrees and in the north-east Latitude 21.648498 degrees, Longitude 87.629167 degrees and in the north-west Latitude 21.647936 degrees, Longitude 87.62936 degrees. It is categorically stated that the subject land is situated in the CRZ Mouza and is in violation of the CRZ Notification.
16. A perusal of the order of the District Magistrate, Purba Medinipur, dated 26.09.2012, would show that the Hon'ble High Court, Calcutta vide orders dated 27.02.2009 and 29.08.2008 passed in W.P. No.6965(W) of 2007 had given the following directions:-
"In the interest of justice, we now direct that there shall be no construction activity at all by anybody within the Coastal Regulation Zone as defined with regard to the areas in and around Mandarmoni beach areas.18
Concerned local authorities as well as the police authorities to ensure that the orders passed today are enforced."
17. The letter shows that in pursuance of the said directions of the Hon'ble High Court, orders were passed by the District Magistrate, Purba Medinipur, directing that no Gram Panchayat/Panchayat Samiti/Digha Sankarpur Development Authority shall pass/approve any building plan or issue any NOC for construction of any hotel, resorts, guest house, holiday home, restaurant or any other building or shall issue trade license for carrying out any business in hotel, resorts, guest house, holiday home, restaurant etc. in the mouzas of Mandermoni (JL No.245), Silampur (JL No.246), Sonamui (JL No.282), Dadanpatrabar (JL No.284), Mani (JL No.285) and Dakshin Purushottompur (JL No.286) mouzas of Mandarmoni area of Ramnagar Police Station and Tajpur and Alampur (JL No.241) mouzas of Ramnagar Police Station in Tajpur areas.
18. By another letter dated 26.02.2013 issued by the Block Land & Land Reforms Officer, Ramnagar-I directions were issued as under:-
"ORDER This order is being issued in continuation of the order no.399(12)/C dated 26.09.2012 WHEREAS it has been seen that in the mouzas of Mandermoni (JL No.245), Silampur (JL No.246), Sonamui (JL No.282), Dadanpatrabar (JL No.284), Mani (JL No.285) and Dakshin Purushottompur (JL No.286) mouzas of Mandarmoni areas of Ramnagar Police Station and Tajpur and Alampur (JL No.241) mouzas of 19 Ramnagar Police Station in Tajpur areas, still some violations of undertaking construction are taking place.
For the sake of clarification, it is clarified that even if any authority (Gram Panchayat, Panchayat Samiti/DSDA) had approved any building plan whatsoever, at any point or time, that does not authorize and give the clearance/NOC/permission for undertaking or starting the construction work without obtaining the "conversion certificate from the concerned BL&LRO /SDL&LRO /DL&LRO under WBLR Act and also does not grant permission /clearance/NOC from the CRZ regulation point of view. The clearance/NOC/approval from CRZ has to be obtained from WBSCZMA.
Therefore, if any violation of starting or undertaking construction in any plot of land without obtaining requisite conversion certificate from appropriate authority, the responsibility shall lie with the BL&LRO of the concerned Panchayat Samiti for lodging an FIR under the provision of LR Act.
Where the construction has been started or being undertaken or being started on any plot of land within aforementioned mouzas which falls under CRZ area, in violation of the provisions of the CRZ Notification, 2011 takes place, the Block Development Officer of concerned Block shall lodge an FIR under section 15 for violation of provision of Environment (Protection) Act, 1986.
Concerned BL&LRO and BDO shall lodge an FIR separately under different provision of law applicable as explained above by name against the owner of the plot, Owner/Manager of the Hotel/Resort who is undertaking illegal construction and also other men and staff engaged in such illegal activities.
20
Superintendent of Police, Purba Medinipur is requested to take necessary and effective steps against such violation as per provisions of law."
19. The BL&LRO and BDO were directed to lodge FIR under the appropriate provisions of law applicable, by name against the owner of the plot, Owner/Manager of the Hotel/Resort who is undertaking illegal construction and all other men and staff engaged in such illegal activities in the areas already referred to in the previous order of the District Magistrate, Purba Medinipur dated 26.09.2012.
20. We find that on 11.11.2024, a notice under Section 4C (5) of the West Bengal Land Reforms Act, 1955 was issued to the Respondent No.5, (page no.99 of the paper book), directing him to appear before the BL&LRO to show cause within seven days as to why action be not taken against him for violation of the provisions of Section 4C of the West Bengal Land Reforms Act, 1955. The letter dated 11.11.2024 reads as under:-
"Notice U/S 4C(5) of the W.B.L.R. Act, 1955 To, Mr. Sudip Ghosh, S/O Lt. Sagar Ghosh, 304 C/2, Bagmari Road, Kolkata-700054.
It is revealed from the enquiry report caused by the officials of the undersigned that the nature-character of the below mentioned land has been changed caused by you violating the provision of Section 4C of the W.B.L.R. Act, 1955 by making a concrete construction probably of a hotel or resort.
In this regard, you are hereby directed to appear before the undersigned and show cause within seven (07) days from receiving this notice; why legal notice under Section 4D of the 21 said Act will not be taken against you for violation of the provisions of Section 4C of the W.B.L.R. Act, 1955, failing which action will be taken as per law.
-: Schedule of Land :-
Name of the Mouza J.L. No. LR Plot No.
Tajpur 244 446, 453, &
446/455
Block Land & Land Reforms Officer,
Ramnagar-I"
21. Vide another letter dated 12.11.2024 issued by the Block Land & Land Reforms Officer, Purba Medinipur, addressed to the Additional District Magistrate (LR) and District Land & Land Reforms Officer, Purba Medinipur, the Respondent No.5 was directed to immediately stop any further construction of the Hotel/Resort in question. The letter dated 12.11.2024 reads as under:-
"Memo No.536/Ram-I/24 Date:- 12/11/2024 To, The Additional District Magistrate (LR) & District Land & Land Reforms Officer, Purba Medinipur.
Sub.:- Action Taken Report Ref.:- His office Memo No.5796/DL&LRO/PM/24 dated 11.09.2024.
Sir, With reference to the subject matter captioned above, it is to inform that as per your kind direction, a field enquiry has been caused by one Revenue Officer & concerned Revenue Inspector on the below mentioned land schedule. It is revealed from the enquiry report caused by the officials of 22 the undersigned that the nature-character of the below mentioned land has been changed caused by one Mr. Sudip Ghosh, S/O Lt. Sagar Ghosh, Address- 304 C/2, Bagmari Raod, Kolkata-700054, violating the provision of Section 4C of the W.B.L.R. Act, 1955 by making a concrete construction probably of a hotel or resort.
It is further submitted that he is immediately directed to stop any further construction work. Also he is directed to appear before the undersigned and show cause within seven (07) days from receiving the said notice already issued against him U/S 4C(5) of the W.B.L.R. Act, 1955; why legal notice under Section 4D of the said Act will not be taken against him for violation of the provisions of Section 4C of the W.B.L.R. Act, 1955, failing which action will be taken against him as per law (Copy enclosed).
:- Schedule of Land :-
Name of the Mouza J.L. No. LR Plot No.
Tajpur 244 446, 453,
& 446/455
This is submitted for favour of your kind perusal.
Yours faithfully, Block Land & Land Reforms Officer, Ramnagar-I"
22. The photographs appended to the affidavit of the District Magistrate, Purba Medinipur, dated 28.01.2025, show extensive constructions of the resort having been made by the Respondent No.5 as established in the Inspection Report and the various letters of the Additional District Magistrate (LR) and District Land & Land Reforms Officer, Purba Medinipur (page no.39-54 colly). These constructions, particularly photographs at page nos.44, 49 and 50, 23 show the offending constructions having been made on the beach itself.
23. Therefore, on the conspectus of the facts of the case and the Inspection Report of the West Bengal State Coastal Zone Management Authority as well as the Committee constituted by the Tribunal and various documents on record, we find that the Hotel of the Respondent No.5 has been constructed in gross violation of the CRZ Notification, 2011 and in violation of the West Bengal Pollution Control Board directive requiring the Hotel to possess a valid Consent to Establish and Consent to Operate. We also find that the Hotel was being operated in violation of environmental laws and that wastewater generated from room washing, kitchen, utensil washing and toilet was being discharged to the soak pit without any treatment.
24. We, therefore, direct the District Magistrate & Collector, Purba Medinipur, to initiate immediate action for demolition of the Hotel in question within a period of one month and file Action Taken Report with photographs by 31.10.2025. The District Magistrate & Collector, Purba Medinipur, shall also ensure that all the concrete/construction debris is removed from the sea beach and the site is restored to its original form, with the cost being recovered from the Respondent No.5.
25. We also direct the West Bengal Pollution Control Board to compute Environmental Compensation against the Respondent No.5 for operating the Hotel/Resort Unit without a valid Consent to Establish or Consent to Operate in violation of environmental laws within a period of two months and file Action Taken Report with regard to recovery of the same by 31.10.2025. 24
26. The Original Application is disposed of with the aforesaid directions.
27. I.As., if any, stand disposed of accordingly.
28. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 30, 2025, Original Application No.215/2024/EZ MN 25