National Green Tribunal
India Institute Of Bio - Social Research ... vs Ministry Of Environment Forest And ... on 15 December, 2021
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 69/2021/EZ
Indian Institute of Bio-Social Research &
Development (IBRAD) Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 15.12.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) :Mr. Sanjay Upadhyay, Advocate a/w Mr. Salik
Shafiquuie, Advocate
For Respondent(s) :Mr. Soumitra Mukherjee, Advocate for R-1,
Mr. Sibojyoti Chakraborty, Advocate for R-2 & 5,
Mr. Pritwish Basu, Advocate for R-3 & 4
ORDER
1. Mr. Sanjay Upadhyay, learned Counsel assisted by Mr. Salik Shafique, learned Counsel are present for the Applicant.
2. Mr. Soumitra Mukherjee, learned Counsel is present for Respondent No.1, Ministry of Environment, Forest and Climate Change, Mr. Sibojyoti Chakraborty, learned Counsel is present for Respondent Nos.2 & 5, State Respondents, Govt. of West Bengal and Mr. Pritwish Basu, learned Counsel is present for Respondent Nos.3 & 4, West Bengal Pollution Control Board and District Magistrate, North 24 Parganas.
3. One rejoinder affidavit dated 17.11.2021 in reply to the affidavit of the West Bengal Pollution Control Board has been filed by the Applicant; same is taken on record.
4. We find from the affidavit of the District Magistrate and Collector, North 24 Parganas dated 21.09.2021 that the spot enquiry was made on 16.09.2021 on the premises in question and certain findings recorded which read as under:-
"1. The paramount concern of this matter is the encroachment taken place within the boundary of the property of the petitioner which should be removed as per law.1
2. No sort of garbage in terms of litter of plastic bags, domestic wastes and other solid wastes is found remarkably visible in the subject area.
3. No such water body is found within the property of the petitioner which has been filled up unauthorizedly by any artificial manner. Due dearth of water in the specified area, no sample of water can be collected for analysis.
4. Garbage is found stashed outside the boundary of the Institution on the side of road leading to the property of the petitioner which should be immediately removed.
5. There is no such issue other than encroachment where environmental compensation may be assessed."
5. Thereafter, it is stated that the Department of Irrigation & Waterways being the owner of the land needs to protect its own property from any sort of encroachment and protect the interest of the lessee.
6. Paragraph (vii) of the District Magistrate's affidavit which reads as under:-
A. "The Department of Irrigation & Waterways being the owner of the land, needs to protect its own property from any sort of encroachment and protect the interest of the lessee. A letter to this effect vide Memo No. (F-109/2021/Rht)/1760/L- Cell(N)/DL&LRO/21, Dated 17.09.2021, is issued by the end of the District Magistrate, North 24 Parganas, to the said Department with request to assail the issue to the Sub- Divisional Officer, Barasat, for taking necessary action under due provisions of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 and the Sub-Divisional Officer, Barasat, is also instructed to act to the effect within the stipulated time as laid down in the said act.
B. The Municipal Commissioner, Bidhannagar Municipal Corporation, has been requested vide Memo No. (F- 109/2021/Rht)/1761/L-Cell(N)/DL&LRO/21, Dated 17.09.2021, to remove garbage from the adjacent area of the subject property and clear the canal to avoid water clogging. The corporation has also been requested to pitch signage on the said area to prohibit dumping of garbage and to install Close Circuit Cameras on the suitable places to keep round-the- clock vigil to avert any such occurrence causing environmental hazards.
C. The Commissioner, Bidhannagar Police Commissionerate, has been requested vide Memo No. (F-109/2021/Rht)/1762/L- Cell(N)/DL&LRO/21, Dated 17.09.2021, to keep strict vigil in the subject area to ensure no further encroachment on the property of the petitioner."
7. This affidavit does not disclose how many encroachers have occupied the land in question which is stated to belong the Department of Irrigation & Waterways. The affidavit also mentions that letter has been sent to the 2 Municipal Commissioner, Bidhannagar Municipal Corporation on 17.09.2021 to remove garbage from the adjacent area of the said property and clear the canal to avoid water clogging.
8. Considering averments made in the affidavit of the District Magistrate, we are of the view that a reply should be submitted to this affidavit by the Respondent No.5, Department of Irrigation & Waterways as to what action has been taken on the letter of the District Magistrate and Collector, North 24 Parganas 17.09.2021.
9. Mr. Sibojyoti Chakraborty, learned Counsel appearing on behalf of the Respondent No.5, Department of Irrigation & Waterways is directed to file the affidavit of the said respondent with regard to action taken on the letter of the District Magistrate, North 24 Parganas dated 17.09.2021. Let the said affidavit be filed within two weeks.
10. Mr. Pritwish Basu, learned Counsel also prays for and is granted two weeks time for filing his affidavit with regard to current status as regards action taken on his letter addressed to the Municipal Commissioner, Bidhannagar, Department of Irrigation & Waterways and the Commissioner, Bidhannagar Police, all letters dated 17.09.2021.
11. We further direct the Respondent No.5 as well as the District Magistrate and Collector, North 24 Parganas to ensure that steps are taken for removal of the encroachments and rehabilitation of the wetland in question expeditiously for which the said respondent shall also submit an Action Plan and Timeline for its execution.
12. List on 04.02.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM December 15, 2021 Original Application No. 69/2021/EZ MN 3