National Green Tribunal
Subhash Datta vs State Of West Bengal on 17 May, 2024
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.20/2024/EZ
In
Original Application No.65/2022/EZ
Subhas Datta Applicant(s)
Versus
The State of West Bengal & Ors. Respondent(s)
Date of hearing: 17.05.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
Mr. Subhas Datta, in person (in Virtual Mode)
For Respondents(s) : Ms. Paushali Banerjee, Adv. for KMDA (in Virtual Mode),
ORDER
1. The Original Application No.65/2022/EZ Subhas Datta Vs. State of West Bengal & Ors. and the Original Application No.71/2022/EZ People United for Better Living in Calcutta, (PUBLIC) Vs. West Bengal Housing Infrastructure Development Corporation Limited & Ors. were disposed of by this Tribunal vide order dated 09.01.2023 with directions in Para 15 and 19 which read as under: -
"15. Considering that the work is in progress and the requisite NOCs were also granted on 28.08.2019 and 15.07.2021 by the Metro Railways, Kolkata, and the Shyamaprasad Mukherjee Port Trust Authority, we direct the KMDA, Respondent No.2, to complete the entire work of laying of pipeline by 31st December, 2023 and file an affidavit of compliance in this regard by 15.01.2024.
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19. However, we find that in this affidavit no timeline has been given for completion of the work undertaken under the work order of 14.07.2022. We accordingly direct the Respondent No.4, HIDCO, to complete all the works mentioned hereinabove as also contained in para 9 of their affidavit within 31st December, 2023 and file affidavit of compliance in this regard by 15.01.2024."
2. The directions were issued to the Respondent No.2 and 4, Kolkata Metropolitan Development Authority (KMDA) and West Bengal Housing Infrastructure Development Corporation Limited (HIDCO) respectively, to file their affidavit of compliances by 15.01.2024.
3. Affidavit of compliance has not been filed by either Kolkata Metropolitan Development Authority (KMDA) or the West Bengal Housing Infrastructure Development Corporation Limited (HIDCO), hence this Miscellaneous Application is being taken up suo motu.
4. Issue notice to the Respondent No.2, Kolkata Metropolitan Development Authority (KMDA) and Respondent No.4, West Bengal Housing Infrastructure Development Corporation Limited (HIDCO), to show cause as to why appropriate proceedings U/S 26 of the National Green Tribunal Act 2010 may not be initiated against the said Respondents for non-compliance of the order of the Tribunal dated 09.01.2023, returnable within four weeks.
5. Ms. Paushali Banerjee, learned Counsel who is present (in Virtual Mode) accepts notice on behalf of the Respondent No.2, K.M.D.A.
6. Issue notice to the Respondent No.4, HIDCO, returnable within four weeks.
7. The said Respondents shall file their affidavits of compliance within four weeks.
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8. List on 01.07.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM May 17, 2024, Miscellaneous Application No.20/2024/EZ In Original Application No.65/2022/EZ SKB 3