National Green Tribunal
Ankur Sharma vs State Of West Bengal Through The Chief ... on 2 February, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 82/2021/EZ
(I.A. No. 97/2021/EZ)
IN THE MATTER OF:
Ankur Sharma,
S/o Shri Ambooj Sharma,
R/o 13/3, Dr.P.K. Banerjee Road,
P.O., P.S. & District-Howrah,
Pin - 711101,
....Applicant(s)
Versus
1. The State of West Bengal,
Through Chief Secretary,
Nabanna (13th Floor), 325,
Sarat Chatterjee Road,
Shibpur, Howrah,
Pin - 711102,
2. Ministry of Environment, Forest and Climate Change,
Through Secretary,
Paryabaran Bhawan, Jorbagh Road,
New Delhi - 110003,
3. The Central Pollution Control Board,
Through Member Secretary,
Paribesh Bhawan, East Arjun Nagar,
Delhi - 110032,
4. Department of Environment, Govt. of West Bengal,
Through Principal Secretary,
Pranisampad Bhawn, Block (5th Floor),
LB-II, Salt Lake, Sector-III,
Bidhannagar, Kolkata,
Pin - 700106,
1
5. The Principal Secretary,
Department of Environment,
Govt. of West Bengal,
Pranisampad Bhawn, Block (5th Floor),
LB-II, Salt Lake, Sector-III,
Bidhannagar, Kolkata,
Pin - 700106,
6. State Environment Impact Assessment Authority (SEIAA),
West Bengal,
Through Member Secretary,
5th Floor, Pranisampad Bhawan,
Block-LB, Salt Lake, Sector-III,
Bidhannagar, Kolkata,
Pin - 700106,
7. The Member Secretary,
State Environment Impact Assessment Authority (SEIAA),
West Bengal,
5th Floor, Pranisampad Bhawan,
Block-LB, Salt Lake, Sector-III,
Bidhannagar, Kolkata,
Pin - 700106,
8. West Bengal Pollution Control Board,
Through Member Secretary,
Paribesh Bhavan, 10A, Block-L.A.,
Sector-III, Salt Lake City,
Kolkata - 700106,
9. The Land and Land Reforms Officer and Refugee, Relief
and Rehabilitation Department,
Govt. of West Bengal,
Through Principal Secretary,
Nabanna, 6th Floor, 325,
Sarat Chatterjee Road,
Howrah - 711102,
2
10. The Principal Secretary,
Department of Fisheries,
Govt. of West Bengal,
Benfish Tower (7th & 8th Floor),
31-GN Block, Sector-V, Salt Lake,
Kolkata - 700091,
11. The District Magistrate, South 24 Parganas,
New Administrative Buidling, Alipore,
Kolkata - 700027,
12. The District Land and Land Reforms Officer, South 24
Parganas,
New Treasury Building, (8th & 9th Floor), Alipore,
Kolkata - 700027,
13. The Block Development Officer, Sonarpur Block,
Sonarpur Block Road, Sonarpur,
South 24 Parganas,
Kolkata - 700150,
14. The Superintendent of Police, Baruipur Police District,
1st, 3rd & 4th Floor, Commercial Complex,
Zilla Parishad Bhaban Baruipur,
Kulpi Road, PO & PS-Baruipur,
Kolkata - 700144,
15. The Inspector-in-Charge, Sonarpur Police Station,
10, Sonarpur Station Road,
Sonarpur Bazar, Rajpur, Sonarpur,
Kolkata - 700150,
16. The District Engineer, South 24 Parganas Zilla Parishad,
New Administrative Building,
30, Belvedere Rd, Alipore Police Line,
Alipore, Kolkata - 700027,
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17. Raghabpur Projects LLP,
A Limited Liability Partnership,
Incorporated under Limited Liability Partnership Act, 2008
Through Partners Mr. Ram Naresh Agarwal,
Registered Office at 36/1A, Elgin Road,
Kolkata - 700020,
18. Srijan Realty Private Limited,
A company incorporated under the Companies Act, 1956,
Through Director Mr. Ram Naresh Agarwal,
Registered Office at 36/1A, Elgin Road,
Kolkata - 700020,
19. Ultimate Estates Private Limited,
A company incorporated under the Companies Act, 1956,
Through Director Mr. Inderpal Singh Sandhu,
Registered Office at 3A, 3rd Floor, 75C,
Park Street, Kolkata - 700016,
20. Aamod Niwas Private Limited,
A company incorporated under the Companies Act,
Through Director Mr. Jaya Kedia,
Registered Office at 10/1, Burtolla Street,
P.O. Burrabazar, Police Station Posta,
Kolkata - 700007,
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Ankur Sharm, in person
COUNSEL FOR RESPONDENTS :
Mr. Sibojyoti Chakraborty, Advocate for R-1, 3, 4, 5 & 9-16,
Mr. Gora Chand Roy Chodhury, Advocate for R-2,
Mr. Dipanjan Ghosh, Advocate for R-6 & 7,
Mr. Prithwish Basu, Advocate for R-8,
Mr. Bikas Kargupta, Advocate along with Ms. Debanjana Ray
Chowdhury, Advocate & Ms. Shruti Swaika, Advocate for R-17
& 18,
4
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 27th January, 2022 Pronounce On:- 2nd February, 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) This Original Application has been filed by the Applicant on the allegation that the Respondent Nos. 17 to 20 (Private Respondents), who are engaged in construction activity, are extending their construction activity to construct a housing complex by filling up of several water bodies and wetlands in and around R.S. Dag Nos. 197, 202, 203, 217, 218, 220, 230, 231, 235, 236, 239, 240, 245, 250, 252, 255, 256, 258, 260, 271, 244, 246, 243, 225, 232, 219, 233, 222, 226, 227, 229, 241, 238, 225 & 228, J.L. No. 74 in Mouza-Raghabpur, & R.S. Dag Nos. 187 & 186, J.L. No. 75, in Mouza-Dhamaitala, P.S. Sonarpur under Poleghat Gram Panchayat, South 24 Parganas. The further contention of the application is that the Respondent No. 20 has submitted the application for grant of Environmental Clearance but, to the best of the knowledge of the Applicant, the same has not yet been granted.5
2. The case of the Applicant is that Respondent Nos. 17 to 20 have not obtained Environmental Clearance from State Environment Impact Assessment Authority (in short 'SEIAA'), West Bengal, prior to commencement of construction although more than 40,000 square meters of area is being built up. It is stated that as a result of the said construction activity of the Respondent Nos. 17 to 20, large water bodies have been encroached and earth moving machines (JCB) are being used in the construction process. It is also stated that Respondent No.17, M/s Raghabpur Projects LLP, has applied for Environmental Clearance from SEIAA, West Bengal, for 'Expansion Project' and not for 'New Project' under the name and style of 'Nirvana' but from the website of the Department of Environment, Govt. of West Bengal, last checked on 13.09.2021, it appears that no Environmental Clearance has yet been granted for the said Project. In support of this contention, the Applicant has filed the screenshot of the Environmental Clearance status of the Department of Environment, Govt. of West Bengal as Annexure P-1 to the Original Application. Photographs as Annexure P-2 have also been filed from pages 43 to 46 to the Original Application. Satellite images have also been filed as Annexure P-4 to the Original Application, and it is contended by the Applicant that the satellite imagery would clearly show large pockets of water over the land in question.
3. One I.A. No. 97/2021/EZ dated 11.11.2021 has also been filed by the Applicant with the following prayers:- 6
A) Leave may be granted to file this Interlocutory Application to the Original Application; B) Grant a 'Status quo' with regard to any further construction activities at project 'Nirvana' at Mouza-
Raghabpur, J.L. No. 74 and Mouza-Dhamaitala, J.L. No. 75, P.S. Sonarpur under Poleghat Gram Panchayat, South 24 Parganas, Pin - 700151;
C) Constitute a high power committee for carrying an whole hog inspection at site and investigation in to the matter with members from the Central Pollution Control Board and Ministry of Environment, Forest and Climate Change, Govt. of India and any other independent authority;
D) An order restraining the Private Respondents from creating third party interest over any inch of space in the project 'Nirvana';
E) Such further order or orders as this Hon'ble Tribunal may deem fit and proper."
4. An affidavit of compliance dated 24.11.2021 has been filed on behalf of the Additional District Magistrate & District Land and Land Reforms Officer, bringing on record an Inspection Report of an inspection carried out on 03.11.2021 by the Additional District Magistrate & DL & LRO, South 24 Parganas, Dy. DL&LRO, Block Development Officer Sonarpur, Environmental Engineer, WBPCB, District Engineer, Zilla Parishad, South 24 Parganas, Junior Engineer, Zilla Parishad, South 24 Parganas, Fisheries Extension Officer O/o Assistant Director of Fisheries, South 24 Parganas, Fisheries Extension Officer, Sonarpur, Block, BL & LRO Sonarpur, Revenue Inspector, Sonarpur, Sub-Inspector of Sonarpur Police Station, and the Applicant Mr. Ankur Sharma. The relevant observations recorded in the Inspection Report may be reproduced 7 herein below for proper appreciation of the case and which read as under:-
A) Report of the Block Land and Land Reforms Officer, Sonarpur Block:
The Block Land and Land Reforms Officer, Sonarpur Block, South 24 Parganas submitted the site-inspection report vide Memo No. 1511/BLR-SNP/2021 dated 12.11.2021, which states that:
i) Except for RS Plot. No. 221 (LR Plot No. 239) and part of RS Plot 219 (LR Plot No. 227 excluding LR Plot No. 237) of Mouza Raghabpur, JL No. 74, all other plots are Rayati in nature including the plots of Dhamaitala, JL 75.
ii) LR Plot 239 (RS 221) is vested to the state having classification 'Go-Bhagar' with a total of 0.19 acres. This plot has been taken within the boundary wall, but no construction has been made on that plot. The project owner claims that they have already prayed for LTS for the plot.
iii) LR Plot No. 227 (RS Plot No. 219) is also vested to state but outside the project area.
iv) Other plots under the project as mentioned at the enclosed sheet, are either Shali or Danga in nature and conversion was allowed for some plots by the competent authority at different times which has been verified from the conversion certificate produced by the project.
v) The waterlogged area at the south side of the project is of RS Plot No. 253 (LR Plot No. 270) and RS N o. 254 (LR Plot No. 271) is owned by the project owner but no records regarding conversion for those plots are available at this office. No construction was found on those plots and is separated planting tin sheets at the boundary of those plots.8
Status of plots regarding O.A. No. 82/2021/EZ as per record and during inspection:
JL No. Mouza Name RS LR Recorded Classification Status on the Plot Plot Classification after date of No. No. conversion Inspection 74 Rabhabpur 197 282 Shali Bastu Construction going on 74 Raghabpur 202 218 Danga Bastu Construction going on 74 Raghabpur 203 230 Danga Bastu Construction going on 74 Raghabpur 217 234 Shali Bastu No ongoing construction 74 Raghabpur 218 236 Shali Bastu No ongoing construction 74 Raghabpur 220 238 Shali Bastu No ongoing construction 74 Raghabpur 230 243 Danga No documents No ongoing regarding construction conversion available at this office 74 Raghabpur 231 280 Danga Bastu Construction going on 74 Raghabpur 234 268 Shali Bastu Construction going on 74 Raghabpur 235 267 Shali Bastu Construction going on 74 Raghabpur 236 266 Danga Bastu Construction going on 74 Raghabpur 237 269 Danga Bastu Construction going on 74 Raghabpur 239 264 Danga Bastu Construction going on 74 Raghabpur 240 263 Danga Bastu Construction going on 74 Raghabpur 245 261 Danga Bastu Construction going on 74 Raghabpur 250 257 Danga Bastu Construction going on 74 Raghabpur 252 256 Danga Bastu Construction going on 74 Raghabpur 255 276 Danga Bastu Construction going on 74 Raghabpur 256 277 Danga Bastu Construction going on 74 Raghabpur 258 278 Danga Bastu Construction going on 74 Raghabpur 259 279 Shali Bahutal Construction going on Abasan 74 Raghabpur 260 281 Shali Bastu Construction going on 74 Raghabpur 271 325 Shali No documents Construction going on regarding 9 conversion available at this office 74 Raghabpur 244 253 Danga Bastu Construction going on 74 Raghabpur 246 260 Danga Bastu Construction going on 74 Raghabpur 243 252 Danga Bastu Construction going on 74 Raghabpur 232 244 Danga No documents No ongoing construction regarding conversion available at this office 74 Raghabpur 242 251 Danga Bahutal Construction Abasan going on 74 Raghabpur 219 227 Shali No documents No ongoing regarding construction conversion available at this office 74 Raghabpur 219 237 Shali Bastu Construction going on 74 Raghabpur 233 245 Danga Bastu Construction going on 74 Raghabpur 222 240 Shali Bastu Construction going on 74 Raghabpur 223 250 Shali Bastu Construction going on 74 Raghabpur 224 248 Shali Bastu Construction going on 74 Raghabpur 226 246 Danga Bastu Construction going on 74 Raghabpur 227 249 Danga Bastu Construction going on 74 Raghabpur 229 242 Danga Bastu Construction going on 74 Raghabpur 241 262 Danga Bastu Construction going on 74 Raghabpur 238 265 Danga Bastu Construction going on 74 Raghabpur 225 247 Danga Bahutal Construction Abasan going on 74 Raghabpur 228 241 Danga Bastu Construction going on 74 Raghabpur 253 270 Danga No documents Waterlogged area regarding conversion available at this office 74 Raghabpur 254 271 Shali No documents Waterlogged area regarding conversion available at this office 75 Dhamaitala 187 212 Danga No documents No ongoing regarding construction conversion available at 10 this office 75 Dhamaitala 186 210 Danga No documents No ongoing regarding construction conversion available at this office B) Report submitted by the Fisheries Extension Officer, Sonarpur Block, South 24 Parganas:
The inspection report submitted by the Fisheries Extension Officer, Sonarpur Block, South 24 Parganas vide Memo No. 1907, dated 08.11.2021, mentions that 'no water body is found inside the project area which is being partly or completely filled. Besides this no record is found regarding water body inside the project area, the land classification is also mentioned as Sali and Basu. A water body is located in the back side i.e. the Southern side of the project. The said water body is perennial and it is in cultivable condition.' C) Status Report of Environment Clearance (EC) submitted by the Environmental Engineer, WBPCB:
i) The unit i.e., the M/s Raghabpur Projects LLP (Residential Complex 'Nirvana') of J.L. No. 74, Mouza-Raghabpur & JL No. 75, Mouza-
Dhamaitala, has applied for Environment Clearance (EC) as required following its expansion project on 24.07.2019. total cumulative built up area of the project after expansion as applied in the application for EC is 49990 sq. m., out of which total built up area for Phase-I of the project is 19206.25 sq.m.
ii) Accordingly the unit has been issued the
Stipulated Conditions for EC by State
Environment Impact Assessment Authority
(SEIAA) vide Memo No. 2281/EN/T-II-
1/062/2019 dated 21.11.2019.
11
iii) Subsequently the unit submitted the Sanctioned Building Plans to State Level Expert Appraisal Committee (SEAC) on 05.04.2021.
iv) SEAC has issued a letter to the unit vide Memo No. 404-2N-54/2019 (E) dt. 26.04.2021 for submission of some relevant documents.
v) As per the record of WBPCB, the applied EC of the unit is yet to be granted."
5. The Applicant thereafter has filed a rejoinder affidavit dated 30.12.2021 reiterating the averments made in his Original Application. In addition, he has alleged that he had received a memo on 28.10.2021 from the Additional District Magistrate and District Land and Land Reforms Officer, South 24 Parganas, informing him that an inspection was fixed on 03.11.2021 at 12:00 PM but it was not mentioned whether the District Magistrate, South 24 Parganas was authorized to carry out this inspection but it is admitted that the Applicant went to the site on the date and time of inspection and was present there during inspection. In para 7 of this affidavit, it is also stated by the Applicant that the water bodies though not recorded in the land records which were prepared decades back are actually present at the site, particularly on the South, North and East end/sides within the Project site. A water body was also present where the office of the Project was being constructed, wherein the inspecting officers were sitting along with the Applicant.
6. One affidavit dated 20.01.2022 has been filed on behalf of the Respondent No.6, SEIAA, West Bengal, wherein it is stated that the application for grant of Environmental Clearance for the Residential 12 Project 'NIRVANA' at Mouza-Raghabpur and Dhamaitala, P.S.- Sonarpur under Poleghat Gram Panchayat, District-South 24 Parganas, was made in the 'PARIVESH' portal of the Ministry of Environment, Forest and Climate Change bearing Proposal No. SIA/WB/MIS/107017/2019 by M/s Raghabpur Project LLP (Respondent No. 17 herein) on 26.07.2019. It is further stated that Phase-I of the Project has a Sanctioned Plan for 19,206.25 square meters and after expansion the total built up area will be 49,990 square meters. As per EIA Notification 2006, Schedule 8 (a) - Building Construction projects having a built up area 20,000 square meters or more would require Environmental Clearance. It is also stated that in the present case, since construction of Phase-I is stated to be below 20,000 square meters, therefore, this Project would not require Environmental Clearance. However, it is also stated that Environmental Clearance Application No. SIA/WB/MIS/107017/2019 dated 26.07.2019, is presently under appraisal before the State Expert Appraisal Committee (in short 'SEAC').
In the affidavit, it is also stated that an Inspection Report has been received from the West Bengal Pollution Control Board through their letter No. 593-2N-54/2019 (E) dated 01.09.2021 in which it is stated that the construction of Phase-I is going on and construction of Phase-II is yet to be started. A copy of the Inspection Report of the West Bengal Pollution Control Board has been filed as Annexure R-1 to this affidavit. The observations and remarks contained therein are reproduced herein and read as under:- 13
Observation:-
The project detail is as follows:
• The project has a total built up area 49990 sq mtrs (phase 01 - 19206.25 sq mtrs & phase 02
- 30783.75 sq mtrs). The project thus turned into an EC attracting matter after it 2nd phase was included in addition to 1st phase, the built up area thus got finalized exceeding EC threshold area of 20,000 sq mtrs. The EC is still a pending matter. Its site is surrounded by vacant land to South & East, a Go-down to West and a local Mega City project to North. A single pond exists to the East of the Project area. The project has two phases. Phase 01 includes 125 Bunglows, each with G+1 structure. The phase 01 still has 08 Bunglows yet to be initiated, 17 Bunglows are under on-going construction and the rest of the project (Bunglows) are completed but by civil construction only. The phase 02 is yet to be started altogether which has plans for construction of 139 bunglows, each with G+2 structure and a club facility (new inclusion in proposal). The project is already provided with boundary walls on North & East and partly with such walls on South & West.
• During the inspection limited construction activities were found running.
• No provision of dust screens for the (terminal) construction activities was found. However, the granular construction materials at the site were found kept under cover. No sprinkler mechanism was found at the site.
• No batching plant or any other machinery was found at the site.
• The project is exclusively using fly ash bricks for construction.
14 • The project site has 01 no 650 KVA DG set.
• The project has plans for further (1) construction of internal drains with catch pits & a 200 KLD STP with MBBR mode of operation (2) Solar power catering to 1% of total land (3) Green cover for 8193.94 sq. mtrs. (4) Composting facilities for 945 kg/day solid waste generation (5) 05 nos. Rainwater harvesting tanks with 55 KL capacity for each.
• The roads for the project are yet to be constructed which during inspection was found extremely muddy & unpaved which made movements for inspection extremely difficult. • No water body or wetland has been found at the project site or in the surrounded locality except the mentioned pond to the East. No existence of any pond filling operation was noted during inspection either. However, widespread over low of water from the pond into surrounding project zones following a heavy rainfall has been noted. The land documents corresponding to the project display only Bastu, Shali & Danga type of land character involved with the project.
Remarks:-
The Project should not commence its Phase No. 2
without obtaining EC & corresponding other statutory approval including CFE of the Board.
The Project should follow all statutory norms related to Construction of Housing Projects including no filling up of any water body particularly the pond to the East."
Nayan Das, AAE Anindya Das Gupta, EE"15
7. We have heard Mr. Ankur Sharma, the Applicant, who had appeared in person as well as the learned Counsel for the Respondents and perused the documents on record.
8. The submission of the Applicant, relying upon the satellite imagery and other documents to the Original Application, is that the land in question is a water body and is being illegally encroached upon by the Respondent Nos. 17 to 20 by making constructions of their project 'Nirvana'.
9. Referring to the documents filed by the Respondents and the Inspection Report, the Applicant further submitted that it is now admitted even by the Respondents that the Respondent Nos. 17 to 20 do not have an Environmental Clearance and that their matter for grant of Environmental Clearance is still pending before the SEAC, West Bengal. It is further submitted that the Phase-I of the construction covers an area of 19,206.25 square meters which is less than 20,000 square meters but so far as the Phase-II is concerned, the same measures 30,783.75 square meters which is more than 20,000 square meters and, therefore, requires an Environmental Clearance and without such Environmental Clearance, the Respondent Nos. 17 to 20 cannot proceed with their construction activity.
10. Mr. Dipanjan Ghosh, learned Counsel appearing for SEIAA, West Bengal, on the other hand, referring to the Inspection Report as well as the documents filed thereto, submitted that the Phase-I of the Project measures 19,206.25 square meters which is less than 16 20,000 square meters and, therefore, Environmental Clearance is not required. However, so far as Phase-II of the construction is concerned, it is stated that the area of Phase-II is 30,783.75 square meters which is more than 20,000 square meters and, therefore, would require an Environmental Clearance before construction can be started by the Respondent Nos. 17 to 20. It is also stated that the matter relating to grant of Environmental Clearance is still pending before the SEAC, West Bengal and, therefore, the apprehensions raised by the Applicant in the present Original Application are premature and wholly unfounded.
11. Mr. Dipanjan Ghosh further submitted that there is no water body or wetland at the site and none was found during inspection, rather there was widespread overflow of water from the pond into the surrounding project zones following heavy rainfall. Mr. Ghosh submitted that even the land documents of the land in question which were examined by the Committee only show the nature of land to be Bastu, Shali & Danga type of land character. The Committee also noted there was no filling of any water body, particularly pond to the East.
12. From a perusal of the documents on record, we find that Phase-I of the Project measures only 19,206.25 square meters and, therefore, as per the Environmental Clearance norms, Environmental Clearance is not required for any project below 20,000 square meters in the matter of construction of Housing Projects. So far as the Phase-II of the Project is concerned, the same 17 though measures 30,783.75 square meters and, therefore, would require Environmental Clearance since it exceeds the benchmark of 20,000 square meters but as of today, the matter relating to grant of Environmental Clearance for this Phase-II Project is still pending before SEAC, West Bengal. The Committee has also noted that there is no water body or wetland over the Project site in question and whatever water was found was due to water collecting after heavy rains. The land records also show the nature of land to be Bastu, Shali & Danga land character.
13. We may further observe that merely because the satellite imagery shows large patches of water over a particular area, which is the land in question, does not convert the said land into a water body or a wetland. A water body or wetland specifically is only that land which is recorded as such in the land revenue records. There is no documentary evidence on record in the nature of land record to show that the land in question is recorded as a water body or as a wetland.
14. From the Inspection Report, we may also note a very important factor, namely, that the inspection was carried out on 03.08.2021 which is the peak month of monsoon when rainfall is very heavy and in such wet conditions collection of water in large quantities over the land in question is possible and, in fact, that is what has happened in the present case also, as also been noted by the Inspection Committee in its Inspection Report. Merely because large areas of land including the land in question, is covered with 18 water does not convert the land into a water body or a wetland. We, therefore, reject the contention of the Applicant that the Respondent Nos. 17 to 20 have encroached upon a water body and are proceeding with their housing project by filling up an alleged water body.
15. Secondly, it is the own case of the Applicant that the website of the Department of Environment, Govt. of West Bengal, does not show that Environmental Clearance has been granted to the Project in question. This is the admitted case of the Respondents also that the application for grant of Environmental Clearance for the Residential Project 'NIRVANA' was made in the PARIVESH portal of the Ministry of Environment, Forest and Climate Change by M/s Raghabpur Project LLP on 26.07.2019 and the same is still pending for appraisal before the SEAC, West Bengal. This re-enforces the fact that till date no Environmental Clearance has been granted to the 'Nirvana' Housing Project of the Respondent Nos. 17 to 20.
16. The photographs which have been filed by the Inspection Team during inspection conducted on 03.08.2021 are with regard to bungalows under construction in Phase-I for which no Environmental Clearance is required since the area of Phase-I is below 20,000 square meters.
17. We may also note and it is also the admitted case of the Applicant himself that he was given adequate notice of the date and time of inspection that the same would be held on 03.08.2021 and 19 he was also present at the time when the Committee inspected the site in question and the same has been carried out in his presence.
18. On a conspectus of facts, therefore, we do not find any merit in the Original Application and the same is accordingly dismissed.
19. We also direct the West Bengal State Environment Impact Assessment Authority (SEIAA) in coordination with SEAC, West Bengal and West Bengal State Pollution Control Board, to ensure that the construction with regard to Phase-II shall not commence without a valid Environmental Clearance in that regard.
20. The I.A. No. 97/2021/EZ also stands disposed of accordingly.
21. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ...................................... SAIBAL DASGUPTA, EM Kolkata, February 02, 2022, Original Application No. 82/2021/EZ (I.A. No. 97/2021/EZ) AK 20