National Green Tribunal
Zubaida Hamid vs West Bengal Pollution Control Board on 27 April, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 05/2021/EZ
(I.A. No. 56/2021/EZ & I.A. No. 57/2021/EZ)
IN THE MATTER OF:
Zubida Hamid,
W/o Noorul Ahad,
R/o Premises No. 41, Collin Street,
3rd Floor, P.S.-New Market,
Kolkata - 700016,
....Applicant(s)
Versus
1. Pollution Control Board, West Bengal,
Through Chairman,
Paribesh Bhavan, 10A, Block-LA,
Sector-III, Bidhannagar,
Kolkata - 700098,
2. The Chairman,
West Bengal Pollution Control Board,
Paribesh Bhavan, 10A, Block-LA,
Sector-III, Bidhannagar,
Kolkata - 700098,
3. The Pollution Control Board,
Govt. of West Bengal,
607, Andul Road, Mandirtala, Noara Shibpur,
Howrah - 711102,
4. The Commissioner of Police, West Bengal,
Lal Bazar, Kolkata
5. The Additional Director General of Police, (Pollution
Control), WBPCB,
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Paribesh Bhawan Building No. 10A, LA Block,
Sector-III, Bidhannagar,
Kolkata - 700098, ...(Deleted vide order dt. 09.12.2021)
6. The Environmental Engineer, Public Grievance Cell,
West Bengal Pollution Control Board,
Paribesh Bhavan, 10A, Block-LA,
Sector-III, Bidhannagar,
Kolkata - 700098,
7. The Senior Environmental Engineer,
Camac Street, Circle Office, West Bengal Pollution Control
Board, Camac Street, Kolkata,
8. The Environmental Engineer, Engineer-II,
Ternary Manager Cell,
Paribesh Bhavan, 10A, Block-LA,
Sector-III, Bidhannagar,
Kolkata - 700098,
9. The Environmental Engineer, Camac Street Regional
Office, West Bengal Pollution Control Board,
Camac Street, Kolkata,
10. The Executive Engineer, West Bengal Pollution Control
Board,
7, Haradeb Bhattacharjee Road, Shibpur,
District-Howrah,
Pin - 711102,
11. The General Manager, Operation (C&M),
M/s CESC Ltd.
CESC House, 9, Chowringhee Square,
Kolkata - 700001,
12. The Superintendent of Police,
West Bengal Pollution Control Board,
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District-24 Parganas (South),
13. The Officer-in-Charge, Karaya Police Station,
Kolkata,
14. Sarwan Ram,
15. Nanju Ram,
16. Arjan Das,
17. Surjan Das,
18. Kamal Jeet,
19. Ram Lal,
All nos. 13 to 19 sons of late Karam Chand of Premises No.
B/168A/H/1, Tiljala Road, Police Station-Karaya,
Kolkata - 700046,
20. Kanhaiya Shaw,
S/o Ganesh Shaw,
R/o Premises No. 66/H/4 Tiljala Masjid Bari Lane,
P.S.-Karaya,
Kolkata - 70046,
21. Sunil Shaw,
S/o Ganesh Shaw,
R/o Premises No. 66/H/4 Tiljala Masjid Bari Lane,
P.S.-Karaya,
Kolkata - 70046,
22. Suresh Shaw,
S/o Ganesh Shaw,
R/o Premises No. 66/H/4 Tiljala Masjid Bari Lane,
P.S.-Karaya,
Kolkata - 70046,
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Nayeemuddin Munsi, Advocate
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COUNSEL FOR RESPONDENTS :
Mr. Dipanjan Ghosh, Advocate for R-1, 2, 3, 6, 7, 8, 9 & 10,
Mr. Rajib Ray, Advocate for R-4, 5, 12 & 13,
Mr. Chittapriya Ghosh, Advocate for R-20,
Mr. Anupam Kumar Bhattacharya, Sr. Advocate a/w Mr. Dilip
Kumar Mandal, Advocate and Mr. Mritunjay Saha, Advocate for
R-21,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 24th March 2022 Pronounce On:-27th April, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes __________________________________________________________________ JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. The grievance of the Applicant in the present Original Application is that in spite of the directions of the Supreme Court passed in Writ Petition (C) No. 3727 of 1997, the Respondent Nos. 14 to 19 and 20 to 22, Private Respondents, are illegally running their tannery business in the name and style of M/s Bhosla Tannery and M/s Protect Impex India Pvt. Ltd. in the Premises No. B/168A/H/1, Tiljala Road, (earlier known as 168, Tiljala Road), Police Station Karaya, Kolkata. The annexures along with photographic evidence have been filed on which the Applicant is 4 relying to show that in spite of a ban on the operation of tanneries in Tangra, Tiljala, Topsia and Pagla Danga areas, the said tanneries are being operated illegally. He further alleges that on account of the illegal operation of these units, air and water is getting polluted posing a to health hazard to the people residing in that area.
3. At the time of admission, notice was issued to the Respondent No.2, West Bengal Pollution Control Board to file its counter- affidavit after site inspection, pointing out the situation in Tangra, Tiljala, Topsia and Pagla Danga area and why such tanneries are operating, causing air and water pollution in spite of ban imposed by the Hon'ble Supreme Court and the National Green Tribunal, Principal Bench, New Delhi.
4. The allegation of the Applicant specifically is that Respondent Nos. 14 to 19 along with Respondent Nos. 20 to 22 (Private Respondents), are carrying on tannery business in spite of the order of the Hon'ble Supreme Court dated 19.12.1996 passed in Writ Petition (C) No. 3727 OF 1997, wherein the Hon'ble Supreme Court had declared the operation of tanneries in Tangra, Tiljala, Topsia and Pagla Danga area of the City of Kolkata to be illegal and had directed that no such tanneries shall function or operate in these areas after 31st September, 1997. It is alleged that in spite of the order of the Hon'ble Supreme Court, the said Respondents are operating their tannery business from the premises in question as a result of which toxic wastes from raw leather is causing huge pollution in the area and has become a health hazard. Photographs by way of 5 evidence have also been filed from pages 24 to 29 of the Original Application.
5. An objection dated 03.08.2021 has been filed on behalf of the Respondent No.20, Kanhaiya Shaw, Private Respondent, and the stand of the said Respondent is that the Original Application is barred by limitation since electricity bills of 2010 and 2014 have been filed to show that the premises is operating in the area at B/168A/H/1, Tiljala Road. It is further stated that one late Haji Abdul Hamid during his lifetime, transferred a portion of the area through a registered Gift of Deed dated 10.04.1975 having an area of about 1 bigha 2 cottahs 1 chittacks and 2 square feet to one of his daughters, namely, Rashida Hamid and, therefore, Rashida Hamid became the absolute owner of the premises No. 168A, Tiljala Road, Police Station Karaya, Kolkata - 700046. It is also stated that by another registered Gift of Deed dated 10.04.1975 said late Haji Abdul Hamid also transferred an area of 1 bigha 2 cottahs 13 chittaks and 8 square feet to his another daughter, namely, Zubaida Hamid, (Applicant herein), and her name was mutated in the records of Kolkata Municipal Corporation as Premises No B/168A/H/1, Tiljala Road, Police Station Karaya, Kolkata - 700046. It is also stated that by an Agreement of Assignment dated 18.09.2019, Rashida Hamid assigned the said Premises No. 168A to Kanhaiya Shaw, (Respondent No.20 herein), and though the Assignment Agreement was executed on 18.09.2019 but the Respondent No.20 is in occupation of the entire Premises No. 168A, Tiljala Road, Police Station- Karaya, Kolkata - 700046, since the year 2012. It is, 6 therefore, submitted that both the properties being Premises No. 168A and Premises No. B/168A/H/1, Tiljala Road, Police Station- Karaya, Kolkata - 700046, are separate from each other are owned by Rashida Hamid and the other by the Applicant herein (Zubaida Hamid) respectively and both the properties are Thika tenanted properties. The said Respondent has further stated that for quite some time there was a dispute regarding physical identification of the Premises No. B/168A/H/1 by the Kolkata Municipal Corporation, though the said premises were recorded in the name of the Respondent No.20 in the Municipal Records and, therefore, there is a long standing dispute between Rashida Hamid and the Applicant herein (Zubaida Hamid) regarding ownership, possession and identification of the Premises No. B/168A/H/1 and series of litigations are pending between the parties. It is also stated that a Writ Petition (A) No. 11374 of 2015 (earlier W.P. No. 11374 (W) of 2015) was instituted by the Applicant herein before the Hon'ble Calcutta High Court alleging that the Respondent No.20 in association with Respondent Nos.13 to 18 and Respondent Nos. 21- 22 were running an unauthorized power driven tube well at the Premises No. B/168A/H/A and sought a direction from the Kolkata Municipal Corporation to close down the said tube well. It appears that the order passed in W.P.A No. 11374 of 2015 was challenged in Appeal before the Division Bench by Rashida Hamid in M.A.T. No. 315 of 2018 (Rashida Hamid (Ahmed) Vs. Zubaida Hamid & Ors.), and in these proceedings an affidavit was produced by the Kolkata Municipal Corporation wherein it was stated that at the time of 7 inspection carried out on 19.01.2018, no unit of tannery or processing of any raw-skin was found in operation. However, one unit for softening the finished leather and also for cutting/packing of the softened leather was present but the person who obtained the Certificate of Enlistment is not running the said unit and the person who operated the unit could not be identified, however, no tannery business is running from the said premises and all tannery businesses have been shifted to Bantala. Copy of the said affidavit has also been filed as Annexure R-4/20 to the affidavit.
6. A supplementary affidavit dated 12.08.2021 has been filed on behalf of the Applicant, reiterating the averments of the Original Application and it is further stated that when the inspection as directed by the Tribunal was sought to be carried out there was strong opposition by the Respondent Nos. 20 and 22 and their employees and neither the Applicant nor her Counsel was allowed to enter inside the Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata, and it is reiterated that the illegal business of tanneries is still being carried on by the Respondent Nos. 14 to 22 from the Premises No. B/168A/H/1, Tiljala Road, Police Station- Karaya, Kolkata.
7. The Respondent No.21, Sunil Shaw, Private Respondent, has filed a counter-affidavit dated 03.08.2021, stating therein that the alleged tanneries are, in fact, operating from the Premises of the Applicant at Premises No. B/168A/H/1, Tiljala Road, Police 8 Station-Karaya, Kolkata - 700046, since a long time. Similar plea of limitation has been taken.
8. Reference has also been made to the Writ Petition No. 11374 (W) of 2015 and a further reference to the order dated 25.09.2020 passed in W.P.A. No. 7044 of 2020.
9. It is also stated that the Applicant had filed a suit for eviction against one Sarwan Ram and others in respect of a tenancy dispute at Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046, being Ejectment Suit No. 39 of 2005 on the ground of having received the property of Thika tenancy by virtue of the Deed of Gift executed by her father. She also got her name mutated in the Kolkata Municipal Corporation records and paid property tax of the said premises. A decree of eviction was passed against Sarwan Ram and others and the Applicant put the said decree to execution through Ejectment Execution No. 10 of 2016 and also filed Miscellaneous Case No. 208 of 2017 under Order 21 Rule 97 of CPC. It is also stated that the Applicant had filed a Writ Petition No. 11374 (W) of 2015 before the Hon'ble Calcutta High Court. The said Respondent has denied that any tannery is being carried on from the premises in question and it is stated that the tannery business has been shifted to Bantala.
10. Reference has been made to several other cases, namely, Miscellaneous Case No. 81 of 2019 under Order 21 Rule 97, 100, 99 and 98 read with Section 47, read with Section 151 of CPC for challenging the alleged decree of eviction in Ejectment Suit No. 39 9 of 2005. There is also a reference to the Miscellaneous Case No. 208 of 2017 for execution of a decree and a Miscellaneous Appeal No. 59 of 2021.
11. A reply affidavit dated 06.11.2021 has been filed on behalf of the Respondent No.20, Kanhaiya Shaw, Private Respondent, in reply to the affidavit of the West Bengal Pollution Control Board. In this affidavit, the facts of the earlier affidavit have been reiterated and in addition, it is stated that he is neither the owner of M/s Protect Impex India Private Limited nor running any tannery business from the Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046. It is also stated that the Officers of the West Bengal Pollution Control Board did not inspect the premises in question.
12. A supplementary affidavit dated 09.11.2021 has been filed on behalf of the Applicant, stating therein that on 21.06.2021, the State Pollution Control Board inspected the area and found the unit operated by Respondent Nos. 14 to 22, was engaged in processing of wet blue leather to finish leather which falls under 'Red' category which is not permitted in the Kolkata Municipal Corporation area. It is also stated that whenever any inspection has to be carried out the concerned Respondents stop the operation of the tannery for a few days.
13. Another reply affidavit dated 11.11.2021 has been filed on behalf of the Respondent No.20, Kanhaiya Shaw, Private Respondent, referring to the Report of the West Bengal Pollution 10 Control Board filed with the affidavit dated 07.09.2021 stating therein that there is no tannery operating within the Karaya Police Station jurisdiction.
14. The Respondent No.21, Sunil Shaw, has also filed an affidavit dated 12.11.2021 to the same effect.
15. The Respondent No.12, Inspector of Police and Officer-in- Charge of Karaya Police Station, has also filed an affidavit dated 07.02.2022, bringing on record the photographs filed as Annexure R-1 (at page nos. 901-902 of the paper book) to the affidavit.
16. One supplementary affidavit dated 21.03.2022 has also been filed on behalf of the Applicant, reiterating the averments of the Original Application.
17. I.A. No. 56/2021/EZ has been filed by the Respondent No.21, Sunil Shaw, seeking impleadment of certain parties in the Original Application.
18. I.A. No. 57/2021/EZ has been filed by the Respondent No.20, Kanhaiya Shaw, also seeking impleadment of certain parties in the Original Application.
19. One supplementary affidavit dated 12.08.2021 has been filed on behalf of the Applicant in which certain photographs from page nos. 449 to 452 of the paper book, have been filed which are stated to show leather drying on rooftops of the buildings. 11
20. Several affidavits have been filed by the parties. At the outset, we may point out that the National Green Tribunal is a Court of limited jurisdiction and is only concerned with environmental issues and not with property disputes sought to be raised by the parties before us. This Tribunal has no jurisdiction to decide title disputes or disputes relating to mutation of names or number of the premises in question. The Tribunal having been created under the National Green Tribunal Act, 2010 can only examine questions involving environmental laws and/or relating to any of the statutes specified in Schedule-I of the National Green Tribunal Act, 2010 as held by the Hon'ble Supreme Court in (2012) 8 SCC 326, (Bhopal Gas Peedith Mahila Udyog Sangathan & Ors. Vs. Union of India & Ors.).
21. We may now advert to the affidavit filed by the West Bengal Pollution Control Board dated 16.08.2021. Along with this affidavit, an Inspection Report of an inspection carried out on 06.07.2021 has been filed. The Observations and Remarks of the Report read as under:-
Observation:
The unit is engaged in processing of wet blue leather to finished leather. The unit was not operating during the visit. The unit possess 02 nos. (01 no. red coloured drum), 01 no. shaving machine. No effluent was found in the unit during the visit. No wet activity was observed during the visit. No raw hide processing provision was noticed in the unit. Huge wet blue leather and some shaving dust were found heaped in the unit. The unit does not have any treatment plant/settling chamber in its premises. Some sealed PVC drums (labeled with the name Indofil, 12 Balmerol) were found inside the unit. The unit could not produce CFE/CFO during the visit. The unit produced trade license issued in the name of M/s Protect Impex India Pvt. Ltd. during the visit, Sri Kanhaiya Shaw represented himself as the assignee of the property, however, no documents was produced regarding his claim.
Several other units with similar activity operate in the neighbouring area.
Any other relevant informations: Initially the undersigned officers were not allowed to enter the factory. A GD No. 432 dated 06/07/2021 was lodged at the Karaya Police Station and Police assistance was sought for the inspection. Accordingly, Sri Swarup Kanti Pahari, OC, Karaya PS, rendered police assistance and Sri Aloke Dey, SI, and Sergeant Sri Sujoy Biswas assisted the undersigned officers to inspect the factory.
As per the version of the complainant, there are 02 no. units namely, M/s Bhosla Tannery and M/s Protect Impex India Pvt. Ltd. operating at the above mentioned premises; but the representatives of the unit denied the same and stated that only M/s Protect Impex India Pvt. Ltd. operates at the premise. Moreover, the address mentioned at the frontal gate and also in the trade licence of the unit was 168A Tiljala Road, but the address mentioned in the order of the Hon'ble NGT dated 09/06/2021 (O.A. No. 05/2021/EZ) was B/168/H/1 Tiljala Road.
Sri Sarwan Ram, Sri Nanju Ram, Sri Arjan Ram, Sri Surjan Das, Sri Kamal Jeet, Sri Ram Lal (all Respondent No.14 to 19 respectively) were not found at the site during the visit. Sri Kanhaiya Shaw, Respondent No .20 was present during the visit and he informed that Sri Sunil Shaw and Sri Suresh Shaw (Respondent No. 21 and 22) were the Directors of the Unit. Sir Sunil Shaw and Sri Suresh Shaw were not present in the unit during the visit.
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(P) Remarks: The activity of the unit falls under Red Category (Tanneries) which is not permitted in KMC area. Hence, necessary action be initiated against the unit."
22. A perusal of the said Report would clearly show that at the time of inspection carried out on 06.07.2021, the Unit was not operating but two drums; one red coloured drum and one shaving machine, were found. No effluent was found in the Unit and no wet activity was observed during the visit. No raw hide processing provision was noticed in the Unit but huge wet blue leather and some shaving dust were found heaped in the Unit. The Unit did not have any treatment plant/settling chamber in its premises. Some sealed PVC drums (labeled with name Idofil, Balmerol) were found inside the Unit. The Unit could not produce the CTE/CTO during the visit but it produced a Trade License issued in the name of M/s Protect Impex India Pvt. Ltd. Sri Kanhaiya Shaw, (Respondent No.20 herein), represented himself as the assignee of the property but no documents could be produced by him. The representative of the unit also stated that only M/s Protect Impax India Pvt. Ltd. operates at the premises. The address mentioned at the gate and also in the trade license of the Unit was 168A, Tiljala Road though the address mentioned in the Original Application is B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046.
23. The West Bengal Pollution Control Board in its affidavit dated 07.09.2021 has referred to the observations of the report of Police Commissioner which are also extracted herein below:- 14
"The observations made in the report of the Police Commissioner are as follows:-
• No tannery is operated or existed under Tangara Police Station.
• No illegal tannery is functioning under jurisdiction of Topsia Police Station.
• A team of CESC on 28.07.2021 with the assistance of Karaya Police Station disconnected the electric supply of M/s Protect Impex Limited as instructed by the WBPCB. No such illegal tannery operating in Karaya Police Station jurisdiction. Sharp vigil has been maintained in the locality.
• No such functional tannery is found in the jurisdiction of Pragati Maidan Police Station area. However, in recent past a common passage at 47, Mateswartala Road, Kolkata - 700046 was being used to dry tanned leather. On receiving information, the persons responsible for the same were booked under Section 188/120B of the Indian Penal Code and a case being No. 103 dated 02.07.2021 was started."
24. The learned Counsel for Respondent Nos. 20 to 22 insisted that the report of the Commissioner was proof that no tannery much less illegal tannery was functioning in the area in question or in the premises in question.
25. The Respondent No.20, Kanhaiya Shaw, in his affidavit dated 03.11.2021 has stated that the Tribunal had directed for inspection of the Premises No. B/168A/H/1, Tiljala Road, Police Station- Karaya, Kolkata - 700046, but the Officers of the West Bengal Pollution Control Board instead knocked at the door of the Respondent No.21 Premises at 168A, Tiljala Road, Police Station- 15 Karaya, Kolkata - 700046, but no tannery business was found to be operating there.
26. From the documents on record what we find is that there is a property ownership dispute between the property as to whether the Respondent Nos. 14 to 22, on the one hand and the Applicant on other as regards the identity of the premises in dispute between the parties; as to whether it is 168A, Tiljala Road, Police Station- Karaya, Kolkata - 700046 or it is B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046. From the various documents relating to the internecine litigation between the Applicant and the Respondent Nos. 14 to 22 and also a tenancy dispute, with which we are not concerned as we have already stated herein above that the National Green Tribunal has only a limited jurisdiction and can only examine questions involving violations of environmental laws falling under Schedule-I of the National Green Tribunal, Act, 2010 and cannot examine the questions of claims of parties or rights of parties with regard to premises. However, we may refer to the order passed by the Division Bench of the Hon'ble Calcutta High Court dated 02.07.2019 passed in MAT No. 315 of 2018 with CAN No. 2367 of 2018 (Rashida Hamid (Ahmed) Vs. Jubaida Hamid & Ors.), copy of which has been filed at page no. 688 of the paper book, in which the Division Bench of the Hon'ble Calcutta High Court has quoted the order of the learned Single Judge which is also being reproduced herein and reads as under:-
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"In view of the above and after hearing learned counsel appearing on behalf of the respective parties including the private respondent and the Kolkata Municipal Corporation, and upon perusing the affidavit filed by the K.M.C. it is crystal clear that the tannery business sis being continued on the said premise bearing No. B/168A/H/1, Tiljala Road. The notice issued by the K.M.C. dated 12th February, 2018 has gone unheeded and the petitioner submits that the work continues unfettered.
The above business cannot be allowed to continue. The apathy of the K.M.C. in allowing the same to continue for over a decade is unfathomable and unless this court orders immediate closure of the same, the Supreme Court mandate and direction would continue to be flouted unabashedly. This court directs the Deputy Licence Officer (H.Q.). Licence Department, K.M.C. to take assistance of the respondent no.4 being the Officer-in-Charge, Karya Police Station, Kolkata to stop the business being carried out at the impugned premises being No. B/168A/H/1 and to seal the said premises. The said Officer-in-Charge is directed to go with adequate force to carry out the task in an adequate manner. The Officer-in-Charge shall prepare an inventory of all the goods lying in the said premises and specify the appropriate amount of leather (in Kilograms) and the number of machines lying in the said premises. The Officer-in-Charge, shall be guided by the Deputy Licence Officer, (H.Q.), Licence Department, K.M.C. The respondent no.4 shall take note that the impugned premises has been wrongly numbered as 168A, Tiljala Road (this was pointed out by the Corporation in its earlier report).
The respondent no.4 is directed to file a compliance report in the form of an affidavit containing the details of the above tasked carried out before this Court on 5th March, 2018."17
27. This would show that even as late as February 2018, a tannery business was going on in the premises in question, bearing No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046, and, therefore, a direction was given by the learned Single Judge to the Officer-in-Charge of the Karaya Police Station to stop the business from being carrying on in the said premises and to seal the said premises.
28. This order further shows that the premises has wrongly been numbered as 168A, Tiljala Road, Police Station-Karaya, Kolkata - 700046, and therefore a direction was issued to the Officer-in- Charge, Karaya Police Station, Respondent No.4 therein.
29. So far as W.P.A. No. 7044 of 2020 with I.A. No. CAN 1 of 2020 (Zubaida Hamid Vs. The West Bengal Pollution Control Board & Ors.) is concerned, we find that therein the dispute was, inter-alia, with regard to unauthorized/illegal construction and a direction was given by the learned Single Judge of the Hon'ble Calcutta High Court to the Kolkata Municipal Corporation to see that the unauthorized construction is not made in the property.
30. As we have categorically held hereinabove that we are not concerned with any kind of dispute relating to construction or title of the property between the Applicant and the Private Respondents. The Applicant in the present Original Application has stated in para 5 that her name was recorded as the owner of the Premises No. B/168A/H/1, Tiljala Road, (earlier known as 168, Tiljala Road), 18 Police Station-Karaya, Kolkata - 700046. The learned Single Judge of the Hon'ble Calcutta High Court has also noted that the tannery business was going on at Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046. This is a blunt and straightforward finding of fact which cannot be ignored or overlooked.
31. The West Bengal Pollution Control Board in its affidavit dated 07.09.2021 has referred to the compliance report of the Commissioner of Police and stated that the closure order has been issued against M/s Protect Impex Private Limited located at 168A Tiljala Road, Police Station-Karaya, Kolkata - 700046, and other illegal tannery units of Tangra, Topsia and Pagla Danga area of Kolkata. The Police Commissioner has also noted that no tannery is operating or existed under Tangra Police Station and also no illegal tannery is functioning under the jurisdiction of the Topsia Police Station and that the team of the CESC on 28.07.2021 with the assistance of Karaya Police Station had gone to the said premises and disconnected the electricity supply of M/s Protect Impex Private Limited but the Respondent Nos. 14 to 22 have heavily relied upon the compliance report of the Police Commissioner, to submit that the report itself showed that there was no tannery business being carried on by Respondent Nos. 14 to 22.
32. Thus, on a conspectus of the facts, we find that tannery business, whether by way of softening of leather or otherwise, was being carried on in the Premises bearing No. B/168A/H/1, Tiljala 19 Road, Police Station-Karaya, Kolkata - 700046, which stands confirmed by the order of the learned Single Judge of the Hon'ble Calcutta High Court, also referred to in the order of the Division Bench in its order dated 02.07.2018 and the learned Single Judge had also issued directions to the Officer-in-Charge, Karaya Police Station to stop the business.
33. The Inspection Report of the West Bengal Pollution Control Board also shows that at the time of inspection of the Premises No. 168A, Sri Kanhaiya Shaw declared himself to be assignee of the said property. It is not the property situated at Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046, where the inspection was carried out. On the basis of the findings of the Inspection Team, that one red coloured drum and one shaving machine etc. was found at the site which has already been noted by us herein above in the observations of the Inspection Report, it cannot be said that the Respondent Nos. 20 was not carrying on the business of tannery. The findings of the Inspection Team was that the unit is engaged in the business of processing of wet blue leather to finish leather and, therefore, even if the Unit was not operating on the date of inspection but the findings recorded by the Inspection Team clearly show that it was involved in the business of tannery. Processing of wet blue leather to finish leather and drying of leather, is also an integral part of the business of tannery and it cannot be said to be a business isolated or distinct from the business of tannery.
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34. We may also note that when the Inspection Team had initially gone to inspect the premises, they were not allowed inside the factory and a General Diary No. 432 dated 06.07.2021 was lodged at the Karaya Police Station and police assistance was sought for the inspection. This clearly reflects very well upon the behaviour of the Respondent No.20.
35. So far as the plea of bar of limitation has been taken by the Private Respondents to the maintainability of the Original Application is concerned, the plea has been raised only to be rejected as the business of tannery was found by the Hon'ble High Court, to be operating even in 2018 and stands confirmed from the Inspection Report and the Report of the Police Commissioner.
36. Therefore, on a conspectus of facts, this Original Application is disposed of with a direction to the Respondent No.13, Officer-in- Charge, Karaya Police Station, Kolkata, as well as the Superintendent of Police, South 24 Parganas, Respondent No.12, to ensure that all the tanneries business being operated in the area of Tangra, Tiljala, Topsia and Pagla Danga are stopped forthwith.
37. We also direct the West Bengal Pollution Control Board to determine the Environmental Compensation as well as the remedial measures for restoration of the environment and the cost of such restoration/restitution which may be recovered from the persons found to be in possession of the Premises No. 168A, Tiljala Road, Police Station-Karaya, Kolkata - 700046, and Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 21 700046. Needless to say, for purposes of compliance of our order, it is quite immaterial as to whether the allegations made in the Original Application are with reference to the Premises No. 168A, Tiljala Road, Police Station-Karaya, Kolkata - 700046, or Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046, since the Tribunal is fully empowered to interfere and examine all matters relating to environmental violations which come to its notice and disputes relating to the address of the premises as to whether they were initially Premises No. 168A, Tiljala Road, Police Station-Karaya, Kolkata - 700046, and now Premises No. B/168A/H/1, Tiljala Road, Police Station-Karaya, Kolkata - 700046, will not fetter the powers of the Tribunal to pass appropriate directions for protection and preservation of the environment and for action against the polluters and violators of the environment.
38. The I.A. No. 56/2021/EZ and I.A. No. 57/2021/EZ are accordingly dismissed.
39. There shall be no order as to costs.
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B. AMIT STHALEKAR, JM .....................................
SAIBAL DASGUPTA, EM Kolkata, April 27th, 2022, Original Application No.05/2021/EZ (I.A. No. 56/2021/EZ & I.A. No. 57/2021/EZ) AK 22