National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of West Bengal Through Department ... on 25 January, 2022
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 110/2021/EZ
In the matter of:
Tribunal on its own Motion
Re: Unrestricted Construction of Hotels,
Resorts in Jayanti
........Applicant(s)
Versus
1. State of West Bengal
Department of Forest & Environment,
Govt. of West Bengal
2. Principal Chief Conservator of Forest & Head of Forest Force,
Govt. of West Bengal
3. Field Director, Buxa Tiger Reserve
4. District Magistrate, Alipurduar
........Respondent(s)
Date of hearing: 25.01.2022
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) : Mr. Sibojyoti Chakraborty, Advocate for State
Respondents
ORDER
1. One supplementary affidavit dated 19.01.2022 has been filed by Chief Conservator of Forests & Field Director, Buxa Tiger Reserve; same is taken on record.
2. This Original Application was taken up by the Tribunal on its own Motion in view of an article published in the vernacular local daily "Uttar Banga Sangbad" wherein it is alleged that unrestricted construction of hotels and resorts is going on alongside the Jayanti Dam. It is also alleged that permanent construction of these hotels and resorts are in full swing along the Public Health Engineering 1 Department (PHE) bungalow which is located alongside the Jayanti Dam. One such construction at the end of the Dam shows steel equipment and material lying around. The construction has been set-up on steel frame. It is also alleged that the building equipment are being transported through the Rajabhatkhaoa gate of the Forest Department.
3. The Tribunal thereupon issued notices to the respondents and directed them to file a counter affidavit.
4. An affidavit in opposition dated 22.12.2021 has been filed by Respondent No.4, District Magistrate, Alipurduar in which it is stated that illegal constructions mentioned in Newspaper "Uttarbanga Sambad" have been identified to be under the ownership of one Sri Niki Thapa, Sri Kancha Mangar and Sri Umashankar Dubey. It is also stated that notices were issued to the said persons on 13.05.2020 and 17.01.2021 by the Range Officer, Jayanti Range. A notice was also issued on 16.11.2021 to Sri Niki Thapa, Sri Kancha Managar and Sri Umashankar Dubey, vide memo No. 425, 426 and 427/JNT-28, requiring them to prove the legality of the constructions made by them.
5. A team of forest officials comprising the Assistant Field Director, Buxa Tiger Reserve (East) Division, Range Officer, Jayanti Range and other forest staff also visited the site on 26.11.2021 along with Police Force but could not carry out the demolition of illegal structures due to opposition from the local people. In this regard, a First Information Report (FIR) has also been lodged in the Kalchini Police Station with regard to the incident which occurred on 26.11.2021.
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6. It is further stated that the Forest Officials held discussions with the local people on 30.11.2021 and thereafter with the assistance of local people the three illegal structures were demolished by the team of officers led by the Chief Conservator of Forests & Field Director, Deputy Field Director and Assistant Field Director, Assistant Divisional Forest Officer, Buxa Tiger Reserve with the assistance of the police personnel on 08.12.2021.
7. In the supplementary affidavit dated 19.01.2022 which has been filed by the Chief Conservator of Forests & Field Director, Buxa Tiger Reserve, it has been stated that the action was taken on 26.11.2021 by a team of Forest Officials along with police personnel to demolish the three illegal structures constructed in the Buxa Tiger Reserve. It is stated that the demolitions have been finally carried out on 08.12.2021. It is further stated that the area has also been restored to its original form by removal of muck and malba. Photographs by way of evidence have been filed as Annexure-1 and II which we have perused.
8. The affidavit is however silent with regard to the restoration of the area into a forest by planting endemic trees of that area, to restore the forest.
9. We, therefore, dispose of this original application with a direction to the Chief Conservator of Forests & Field Director, Buxa Tiger Reserve to determine the cost of restoration of the land in question which has been encroached and degraded by the illegal constructions and recover the cost of restoration of the same from the persons who have made the illegal constructions and also ensure re-plantation of the area with endemic trees of that area within six months. The Chief Conservator of Forests & Field 3 Director as well as District Magistrate, Alipurduar shall keep a strict vigil over the Buxa Tiger Reserve and ensure that no illegal constructions are allowed to take place in the area. They shall also conduct a survey of the said Tiger Reserve and if any further illegal constructions are found, they shall take action in accordance with law.
10. With the above directions, this Original Application No.110/2021/EZ is disposed of.
11. There shall no order as to costs.
.....................................
B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM January 25, 2022 Original Application No. 110/2021/EZ MN 4