National Green Tribunal
Marita Pradhan vs State Of West Bengal & Ors on 2 April, 2026
Item No. 01 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 178/2026
Marita Pradhan Applicant
Versus
State of West Bengal & Ors. Respondents
Date of hearing: 02.04.2026
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: None for the Applicant.
ORDER
1. Ms. Marita Pradhan has sent the present letter petition dated 16.12.2025 to this Tribunal, which has been treated and registered as O.A. No. 178/2026 for exercise of suo moto jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401.
2. The Applicant has raised grievances regarding illegal construction of Resort named Balaso Blues Resort & Camping a Damfetar on Balason River Bank, Dudhia village Kurseong Circle, District. Darjeeling, West Bengal. The relevant part of the O.A. enumerating grievances of the applicant is reproduced as follows:-
xxx.......................................xxx..........................................xxx "Subject-Needing immediate attention/action against illegal construction of a Resort and camping at Damfetar, Balason River bank, Dudhia, Kurseong division, Dist: Darjeeling, 1 Respected Sir/Madam, This is to state that we GOONJ SONGCHUMBO, a Non-Governmental Organization is committed to Environmental Protection and Conservation of Natural Ecosystem.
We bring to your kind attention a pressing issue concerning an illegal construction of a Resort named- BALASON BLUES RESORT & CAMPING at Damfetar on Balason River Bank, Dudhia village, Kurseong circle.
We all are aware of the natural disaster that occurred on 6th of October 2025 at Dudhia. Due to heavy rainfall and flood, Dudhia was highly affected, where not only the natural ecosystem was affected but we lost many lives too.
Once again reminding us that the construction took place within an ecological sensitive zone, violating multiple environmental laws and severe environmental risks.
Also, the illegal encroachment on riverrine and not only threatens the Balason River ecosystem as well as it has set a dangerous precedent of environmental destructions.
We would like to bring to your attention that on 5th march 2025, we had sent a letter to you regarding the same concem. The devastating flood which occurred on 6th of Oct 2025 at Dudhia had nearly touched the boundaries/ walls of BALASON BLUES RESORT & CAMPING and due to its illegal construction of the resort on the river bed, the river has changed the river flowing current and formed many tributaries.
Requesting you to please make a note of the Legal Violations performed by the BALASON BLUES RESORT & CAMPING at Dudhia.
LEGAL VIOLATIONS:-
The construction is in direct violation of the following laws:
1. The Environment Protection Act, 1986 (Section 3 & 5) • Grants the Government authority to prohibit activities causing Environmental Degradation • Any unapproved construction in ecological fragile zones is strictly prohibited.
2. The Water (Prevention and Control of Pollution) Act, 1974(Section
24) • Prohibits pollutants from being discharged into water bodies.
• Constructions near the Balason River pose a direct risk of contaminations and water quality deterioration.
3. The FOREST Conservation Act, 1980 (Section 2) • Restricts non-forest activities on forest land without clearance. 2 • Any land conversion without central Govemment approval is illegal.
4. The Wildlife Protection Act, 1972 (Section 9 & 29) • Bans activities that disrupt wildlife habitats or endanger protected species.
• The Balason River ecosystem is home to diverse flora and fauna
- this construction threatens its biodiversity.
5. The River Regulation Zone (RRZ) Norms & The Coastal Regulation Zone (CRZ) Notification, 2011 • Prohibits unauthorized development within river floodplains and buffer zones.
• Construction within prohibited riverbank Zones is a clear violation.
6. The Air (Prevention and Control of Pollution) Act, 1981 • Unregulated constructions dust, emissions and air pollutants violate environmental standards.
• This poses health Hazards to nearby communities and the natural ecosystem.
7. Environmental & Ecological Threats. • Beyond legal violations, this illegal construction poses grave environmental dangers, including:
• Deforestation and destruction of native habitats. • Irreversible damage to the Balason River ecosystem, leading to water pollution and biodiversity loss.
• Plastic, light and noise pollution causing disturbances to wildlife.
• Over-tourism strain on natural resources, disrupting ecological balance.
8. Demand for Immediate Action.
Considering the serious legal, environmental and ecological violations, we demand immediate interventions from your office to:
• Issue an immediate stop work/ business order and Demolish the illegal construction of "Balason • Blues Resort & Camping".
• Conduct a thorough Environmental Impact Assessment (EIA) of the site.
• Initiate legal procedings against those responsible for this unlawful construction.
• Implement preventive measures to ensure no future violations occur in this sensitive zone.
9. Escalation & Legal Consequences.
If immediate and effective action is not taken, we will be compelled to escalate this matter to:
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• The National Green Tribunal (NGT) • The Ministry of Environment, forest and climate change (MoEFCC) • The Central Pollution Control Board (CPCB) • The State Environmental Impact Assessment Authority (SEIAA) • The District Magistrate of Darjeeling. • The Hon'ble High Court of Kolkata (Environmental Bench) • Failure to act promptly will constitute dereliction of duty, inviting legal procedings against non-compliant authorities.
PLS NOTE:-
It has come to our notices that after legal violations and damages caused due to flood at Dudhia, the said resort at Dudhia is still running its businesses for its own profit by ignoring the environmental damages and its impact due to the resort construction of the river balason bed and not following the rules and regulation for construction of resort /hotel on the river bed.
We trust your esteemed office to take the swift and necessary action against 'Balason Blues Resort & Camping' and request you to please stop the illegal running business and Demolish to protect the Balason River Ecosystem from irreversible damage.
Gentle Reminder:
We had received an E-Mail, Meто по- KSID/ 116, Dated 18/03/2025 from the office of The Executive Engineer, Kurseong Irrigation Division, G.T.A., Kurseong.
We had received an E-Mail, Memo no-641/28-8, Dated 05/03/2025, from The Office of The Divisional Forest Officer, Kurseong Forest Division, Dowhill Kurseong.
We await your prompt response and action. Kindly acknowledge receipt of this Complaint.
Please find attached the previous letter with Ref no-GS006/25, dated- 05-03-2025 conceming the illegal constructions of the resort on the river bed.
Requesting and urging you to support us and we appreciate your kind attention to look into this matter. "
3. The Applicant has not appeared before this Tribunal today physically or through V.C. However, instead of dismissing the application in default, we grant an adjournment for appearance of the Applicant before this Tribunal physically or through V.C. 4
4. Even though the present case has been listed before this Bench by registering original application on the basis of complaint made by the Applicant with approval and under order of Hon'ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Eastern Zone Bench of this Tribunal at Kolkata, we are of the considered view that it will be appropriate if the case is heard by the Eastern Zone Bench of this Tribunal at Kolkata.
5. Accordingly, the Registry is directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 24.04.2026 after obtaining orders from Hon'ble the Chairperson for transfer of the case, if so required.
6. The Registry is directed to inform the Applicant about the date of hearing fixed and to ask her to join the proceedings physically or through V.C. and to produce the material available with her on the date fixed before the Eastern Zone Bench of this Tribunal at Kolkata.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM April 02nd, 2026 Original Application No. 178/2026 AB 5