National Green Tribunal
Sk Jabed vs West Bengal Pollution Control Board on 9 May, 2022
Item No. 05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Appeal No. 07/2022/EZ
In the matter of:
Sk Jabed,
Proprietor of Sea Queen Beach Resort,
Village and PO-Salimpur, P.S.-Ramnagar,
Purba Medinipore, Pin - 721455, ...Appellant(s)
Versus
West Bengal Pollution Control Board,
Through Chairman,
Paribesh Bhawan, 10A, Block-LA, Sector-III,
Bidhannagar, Kolkata,
Pin - 700106, ...Respondent(s)
Date of hearing: 09.05.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Appellant(s) : Ms. Paushali Banerjee, Advocate
For Respondent(s) : Mr. Prithwish Basu, Advocate for WBPCB
ORDER
1. Heard Ms. Paushali Banerjee, learned Counsel appearing for the Appellant.
2. The Appellant in the present Appeal is seeking quashing of the closure order dated 22.03.2022 issued by the West Bengal Pollution Control Board, whereby the Appellant's Unit situated in Mondermoni Sea Beach Area, District-Purba Medinipur, has been ordered to be closed. The impugned closure order mentions that the Appellant's Unit is operating without valid Consent to Establish and Consent to Operate.
3. We find that identical matter has already been decided by this Tribunal vide its judgment dated 02.05.2022 passed in Original Application No. 134/2015/EZ; Bishnupada Paikhira Vs. Union of 1 India & Others. The directions given in the aforesaid judgment read as under:-
"Directions
19. Thus, the closure orders issued by the State PCB cannot be faulted. Any other hotels, restaurants, resorts violating CRZ Notification and the Water Act, 1974 have also to be dealt with in the same manner. The State PCB may issue appropriate closure orders, in accordance with law. The WBCZMA may also enforce the CRZ Notification and demolish all illegal constructions in violation of CZMP. The argument that the CZMP is not available cannot be accepted as the same is in public domain and can be accessed on the relevant website of the MoEF&CC, NCSCM/NCZMA.
20. In view of gross violations of mandate of law and non- compliance of the orders of the Hon'ble Supreme Court, as observed above, causing damage to the fragile coastal ecosystem such as to sand dunes & beaches, destruction of coastal vegetation, intertidal and coastal fauna, ground water aquifers etc., apart from closing illegal activities for future, liability needs to be fixed for damage already caused till date. Such damage has patently affected the coastal environment and coastal communities who depend on these precious resources for their livelihood. Having regard to period and extent of violations, all the private respondents, except those who are found to be compliant with the CRZ notification, the Water Act and other norms, are held liable to pay Environmental Compensation to be fixed by a joint Committee proposed in the later part of this order on polluter pays principle, based on restitution principle, considering the period of violation, nature of violation and financial capacity of the unit. The Committee may consider law laid down inter- alia in M. C. Mehta & Anr. v. Union of India, (1987) 1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd. v UOI (2018) 18 SCC 257. The same may be used for restoration of the coastal area. The amount be deposited with Regional Office of CPCB, Kolkata and shall be kept in a separate 2 account, to be used for restoration of the environment as per Integrated Coastal Management Plan for Digha- Shankarpur prepared by MoEF&CC, NCSCM and Government of West Bengal published in September 2020. Deposit be made within two months and restoration plan executed within one year.
21. Inspite of clear violations noticed above, out of abundant caution, we provide further opportunity to the respondents hotels, restaurants or resorts claiming their existence and operation to be valid under CRZ notification and otherwise compliant, to put forward their claim with all relevant documents before a joint Committee of NCZMA, WBCZMA, CPCB Regional Office, Kolkata, and State PCB and District Magistrate, East Midnapore District with CPCB and State PCB being nodal agency, within two weeks. If such claim is accepted, a reasoned order may be passed within next two months. Subject to such claim and order based on verification thereof, all hotels, resorts, restaurants operating in coastal area of Mandarmani Sea Beach, in District Midnapur, West Bengal in NDZ or without valid CRZ clearance outside such zone in terms of approved CZMP as per CRZ Notifications, 1991 and 2011 are liable to be demolished to give effect to the law and will also be liable to pay compensation to be fixed as above by the same Committee.
22. The original application is allowed accordingly. The Senior Superintendent of Police, East Midnapore District, West Bengal may provide necessary police help and any other concerned authority may facilitate compliance. The entire exercise be completed within the outer limit of six months."
4. The reliefs claimed in the present Appeal are identical to the reliefs claimed in Original Application No. 134/2015/EZ.
5. We, therefore, dispose of this Appeal in the light of the directions given in the Original Application No. 134/2015/EZ with a further direction to the Appellant to put forward its claim with all relevant 3 documents before the Joint Committee constituted by the Tribunal in the said Original Application.
6. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM May 09, 2022, Appeal No. 07/2022/EZ AK 4