National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs The State Of West Bengal on 17 January, 2025
Item No.08 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.110/2024/EZ
IN THE MATTER OF
Tribunal on its own Motion in Re.:
Illegal water land fill up at BMC Ward No.2,
Narayanpur, Rajarhat
..........Applicant(s)
Versus
1. West Bengal Pollution Control Board,
Through its Member Secretary,
Paribesh Bhawan, Sector-III, Salt Lake,
Bidhannagar, Kolkata-700106
2. Bidhannagar Municipal Corporation,
through its Commissioner,
Poura Bhawan, FD - 415A, Sector - III,
Salt Lake City, Kolkata,
West Bengal - 700106
3. The District Magistrate, North 24 Parganas,
Office of the District Magistrate, New Administrative Building,
Barasat, North 24-Parganas,
Kolkata-700 124
...........Respondent(s)
Date of hearing: 17.01.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for R-1,
Ms. Paushali Banerjee, Advocate for R-2,
Mr. Rajib Ray, Advocate for R-3 (in Virtual Mode)
ORDER
1. This matter was taken up as a suo-motu case by this Tribunal on a letter petition on 05.07.2024 alleging that there was a water body standing in Ward No.2, Narayanpur, Uttarayan (Cycle Factory 1 Ground), Bidhannagar Municipal Corporation, Kolkata - 700136, P.S.-Narayanpur, P.O.- Rajarhat Gopalpur, North 24 Parganas, West Bengal and the said water body was Danga and was being filled-up by anti-social elements. It was stated that the land area of the said water body measured about 2 acres and almost 50% of the said area had been filled-up.
2. Mr. Sibojyoti Chakraborty, learned Counsel appearing for Respondent No.1, West Bengal Pollution Control Board, Ms. Paushali Banerjee, learned Counsel appearing for Respondent No.2, Bidhannagar Municipal Corporation and Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for Respondent No.3, District Magistrate, North 24 Paraganas, inform that the issue with regard to the same water body standing in Ward No-02, Narayanpur Uttarayan (Cycle factory ground), Bidhannagar Municipal Corporation, Kolkata is already under consideration before the Hon'ble High Court of Calcutta in WPA No.13845 of 2024 (Narayanpur Pukur Bachao Committee & Ors. Vs. State of West Bengal & Ors.) and the said Writ Petition is still pending.
3. The Hon'ble Supreme Court in Civil Appeal No.4522-4524 of 2022 (The State of Andhra Pradesh Vs. Raghu Ramakrishna Raju Kanumuru (M.P.)) has held that when an identical issue as pending before the Tribunal is already under consideration before the Hon'ble High Court, the continuation of proceedings before the National Green Tribunal for the same cause of action would not be in the interest of justice. Paragraph nos. 12, 13 and 14 of the judgment of the Hon'ble Supreme Court dated 01.06.2022 reads as under:-
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"IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 4522-4524 OF 2022 (@ DIARY NO. 16486/2022) THE STATE OF ANDHRA PRADESH APPELLANT(S) VERSUS RAGHU RAMAKRISHNA RAJU KANUMURU (M.P.) RESPONDENT(S) JUDGMENT B.R. GAVAI, J.
XXXXXXX "12. We are, therefore, of the considered view that it was not appropriate on the part of the learned NGT to have continued with the proceedings before it, specifically, when it was pointed that the High Court was also in seisin of the matter and had passed an interim order permitting the construction. The conflicting orders passed by the learned NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.
13. In that view of the matter, we are of the considered view that the continuation of the proceedings before the learned NGT for the same cause of action, which is seized with the High Court, would not be in the interest of justice.
14. We, therefore, quash and set aside the proceedings pending before the learned NGT in O.A. No.361 of 2024."
4. In this view of the matter, the Original Application No.110/2024/EZ is dismissed as not maintainable. 3
5. I.As., if any, stand disposed of accordingly.
6. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM .............................................
Dr. Afroz Ahmad, EM January 17, 2025, Original Application No.110/2024/EZ OM 4