Tripura High Court
Mr. I. Chakraborty vs Mr. A. K. Bhowmik on 7 December, 2018
Bench: Sanjay Karol, Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) (PIL) No. 05 of 2017
For Petitioner(s) : Mr. I. Chakraborty, Amicus Curiae
For Respondent(s) : Mr. A. K. Bhowmik, A.G.
Mr. N. Choudhury, G.A. Mr. B. Majumder, CGC HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL HON'BLE MR. JUSTICE ARINDAM LODH Order 07.12.2018 In the morning session we had a fruitful interaction with all the officers present in the Court namely, Shri Lalit Kumar Gupta, Chief Secretary (Secretary of Forest Dept.) Government of Tripura, Shri Sushil Kumar, Addl. Chief Secretary (looking after Revenue), Dr. A. Rastogi, PCCF & HOFF, Dr. D. K. Sharma, CWLW & Addl. PCCF (M/s Wetland Authority of Tripura), Shri Vishwasree. B., Director Tourism, Shri Manas Mukherjee, M/s Pollution Control Board, Tripura, Dr. Mihir Kr. Das, Scientist "C", TSPCB, Shri Jayakrishnan V. K. , DFO, Sepahijala, Shri HarshKumar. C, DCF (HQ), Forest Deptt., Shri Shivanand S. Talwar, Director, DSTE, Dr. D. P. Sarkar, Director, Agriculture, Shri G.R. Das, Director, Fisheries, Er. Nirod Sarma, SE, PWD (Water Resource), Shri Subhasis Das, Sr. Dy. Collector, Sepahijala, Dr. B. Kaur, DM & Collector, Sepahijala, Shri Rameshwas Das, Secretary, Fisheries & Science, Technology and Environment, Shri Saju Vaheed, SDM, Sonamura and Shri Arabind Bhattacharjee, Nodal Staff, Forest Deptt. Page 2 of 4
For ascertaining certainly the factual position, enabling the officers to chalk out a plan for the action required to be taken, the matter was adjourned for the post launch session.
When the matter was taken up in the post launch session, learned A.G. handed the minutes of the meeting held under the Chairmanship of the Chief Secretary, Govt. of Tripura. The minutes thereof are reproduced as under:
Government of Tripura Office of the Principal Chief Conservator of Forest, Tripura, Agartala No. F.19 (780)/Case/Vig/For-17/598-611 Dated, Agartala, 7th December, 2018 Minutes of meeting held on 07.12.2018 in pursuance of directions of Hon'ble High Court in connection with PIL 05 of 2017 regarding Rudrasagar Wetland.
A meeting was held under chairmanship of Chief Secretary Tripura, in pursuance of directions of Hon'ble High Court in connection WP(C) (PIL) 05 of 2017 regarding Rudrasagar Wetland on 07.12.2018 at 12.30 noon. The list of officers who attended the meeting is enclosed as Annexure-I. Revenue Secretary Government of Tripura also joined the meeting in the meeting, the following decisions were taken.
1. Both the Brick Kilns around the area are to be shut down and closure is to be enforced by 2 pm today itself. Accordingly Brick Kilns have been shut down as revealed from Annexure-II.
2. A committee has been constituted under Chairmanship of DM Sepahijala who will do the survey of entire land in question identifying the land use as well as encroachers. The water area is also to be delineated and ownership of land under water is also to be ascertained. The committee shall consists of members as SDM Sonamura, DFO Sepahijala, Director S & T, Addl. Director Settlement Department and Pr SO TSAC. The committee shall submit detailed report after necessary ground truthing within 60 days i.e. 7th February, 2019.
3. Water resources department has to ensure that 11 mt height is maintained. The public notice may be displayed at sluice gate. Necessary police protection may be mobilished. The closure of sluice gate may be given due publicity.
4. An integrated master plan has to be developed incorporating the proposals of Forest department, WR Page 3 of 4 Department, Tourism Department and Fisheries Department etc. the committee shall be chaired by Dr. D. K. Sharma Addl. PCCF who is also the Member Secretary, Wetland Authority of Tripura. The committee shall comprise of representatives from Tourism department, WR department, Forest / Fisheries / ARDD / Agri. / TSAC/Revenue/S&T and TSPCB. The master plan shall be prepared within next 90 days.
The meeting ended with vote of thanks to all present.
(Harshakumar C. IFS) Dy. CF (HQ) With satisfaction we record the action taken by the State in taking certain measures for ensuring that the pristine glory of the entire Water Body, is restored to its original position with all natural habitats. We appreciate the action taken in ensuring that two Brick Kilns operational in close vicinity of the Rudrasagar Lake, now stands closed. Also process for identification of the encroachers and the extent of land in their possession shall be commenced and as is so stated at the Bar positively completed within a period of 45 days, ordered accordingly.
We are sure that with a concerted effort on the part of all the stakeholders, an integrated master plan for development of the entire area of the lake shall be prepared at the earliest, which we are assured shall be so done, positively within a period of 60 days from today, ordered accordingly.
At least now we are convinced of the intent of the respondent-State in ensuring proper and complete implementation of the provisions of the statutes and the directions issued by the Hon'ble Supreme Court from time to time.
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We may observe that it is pursuant to the orders passed by the Hon'ble Apex Court in Writ Petition (Civil) No. 230 of 2001 titled as [M. K. Balakrishnan and Others vs. Union of India and Others], that this Court is passing orders ensuring that the Rudrasagar Wetland situated in the State of Tripura, falling under the Berne's Convention, 1971, is restored to its original status. It is in this backdrop we direct that under all circumstances, the Department of Water Resources shall ensure that the height of the entire water body is maintained at least to the level at RL 11 meters.
Let the nodal the officer file his formal affidavit complete in all respect, dealing with all the issues flagged by us, as already pointed out in our previous orders. Liberty reserved to the State to move an application seeking extension of time, if so required.
We direct the DGP, Police, Govt. of Tripura to render all assistances to the implementing agencies for ensuring complete and proper implementation of the orders as also enforcing the provision of law.
Let the matter be listed on 12.02.2019.
(ARINDAM LODH), J (SANJAY KAROL), CJ. A.Ghosh