National Green Tribunal
Ankur Sharma vs The State Of West Bengal on 27 September, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.33/2022/EZ
IN THE MATTER OF:
Ankur Sharma
Son of Shri Ambooj Sharma,
Resident of 13/3, Dr. P. K. Banerjee Road,
P.O., P.S. & District - Howrah,
West Bengal,
Pin - 711101
....Applicant(s)
Versus
1. The State of West Bengal
Service through the Chief Secretary,
Government of West Bengal,
Having office at Nabanna (13th Floor),
325, Sarat Chatterjee Road,
Shibpur, Howrah - 711102
2. Ministry of Environment, Forests & Climate Change,
Government of India,
Through its Secretary,
Having office at Paryavaran Bhawan,
Jorbagh Road,
New Delhi, Pin - 110003
3. The Central Pollution Control Board
Through its Member Secretary,
Having office at Parivesh Bhawan,
East Arjun Nagar,
Delhi - 110032
4. Department of Environment,
Government of West Bengal,
Through its Additional Chief Secretary,
Having office at Pranisampad Bhawan,
Block (5th Floor), LB-II,
Salt Lake, Sector-III,
Bidhannagar, Kolkata - 700106
1
5. West Bengal Pollution Control Board
Through its Member Secretary,
Having office at Paribesh Bhavan,
10A, Block-L.A.,
Sector-III, Salt Lake City,
Kolkata - 700 106
6. The Land and Land Reforms and Refugee,
Relief and Rehabilitation Department,
Government of West Bengal,
Through its Principal Secretary,
Having office at Nabanna,
6th Floor, 325, Sarat Chatterjee Road,
Howrah - 711102
7. The Principal Secretary,
Department of Fisheries,
Government of West Bengal,
Having office at Benfish Tower,
(7th & 8th Floor),
31-GN Block, Sector-V,
Salt Lake, Kolkata - 700091
8. The District Magistrate, Howrah
Having office at 6, Rishi Bankim Chandra Road,
Howrah - 711101
9. The District Land and Land Reforms Officer, Howrah
Having office at 6, Rishi Bankim Chandra Road,
Howrah - 711101
10. Howrah Municipal Corporation
Through its Commissioner,
Having office at 4, M.G. Road,
Howrah - 711101
11. Department of Urban Development and Municipal Affairs,
Government of West Bengal,
Through its Principal Secretary,
Having office at Nagarayan Bhavan,
Block-DF-8, Sector-I,
Salt Lake, 6, 2nd Avenue,
DF Block, Sector-I,
Bidhannagar, Kolkata,
West Bengal 700064
2
12. West Bengal Housing Infrastructure Development Corporation
Limited
Service through its Managing Director,
Having office at HIDCO Bhaban,
Premises No.35-1111,
Biswa Bangla Sarani, 3rd Rotary,
Newtown,
Kolkata - 711156
13. Howrah Improvement Trust
Through its Member Secretary,
Having office at 9, G.T. Road (South),
Howrah - 711101
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Ankur Sharma, in person
COUNSEL FOR RESPONDENTS:
Mr. Sudip Kumar Dutta, Advocate for R-1,4,6,7,8,9 & 11,
Mr. Debasish Ghosh, Advocate for R-2,
Mr. Surendra Kumar, Advocate for R-3,
Mr. Prithwish Basu, Advocate for R-5,
Mr. Sandipan Banerjee, Advocate a/w Ms. Sonal Sinha, Adv. &
Ms. Amrita Pandey, Advocate for R-10,
Mr. Aritra Basu, Advocate a/w Mr. Ratul Das, Advocate &
Mr. Saaquib Siddiqui, Advocate for R-12,
Mr. Sibojyoti Chakraborty, Advocate for R-13
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 23rd September, 2022 Pronounce On: - 27th September, 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 3 JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant on the allegation that 'Sports City/Khelnagri' is being constructed and set-up at Dumurjala Park, Howrah, on about 54 acres of land comprising several water bodies and wetlands. It is stated that there is a 'Central Park' in the Howrah City which is also being occupied over Sheet No. 30 of Mouza-Shibpur under Chatterjeehat Police Station, Howrah. It is also stated that in the process of setting up of the said 'Khelnagri', large number of trees are being cut which are the lungs of the city of Howrah, thereby causing severe environmental degradation.
3. Notices were issued to the Respondents for filing their responses.
4. Affidavit dated 20.05.2022 has been filed by Respondent No.5, West Bengal Pollution Control Board, bringing on record an Inspection Report of an inspection carried out on 27.01.2022. The observations and recommendations of the Committee read as under: -
"Observations:
• As stated by site contractor, at present, this site adjacent to existing Dumujola indoor stadium will be developed by WBHIDCO for setting up a football ground of area approximately (68 x 105) sqm. a hockey ground of area approximately (91 x 55) sqm.4
and a children's park. Multipurpose landscaped greenery areas will be developed in the vacant lands lying in other parts of the park. The said work will be done by leveling, partial filling, laying of granular sub base (GSB), layering with earth and finally with grass cover on top. As stated a single standard specified field will require about three months' time for completion of work.
• Earth moving machinery (JCB) was observed in the area where the proposed landscaped multipurpose greenery will be developed. Construction of embankment was observed on one side of water body located closed to it.
• Silver sand laying/sand filling was being carried out at proposed football ground over granular sub base (GSB). Above this, silver sand, earth layer and grass cover will be provided as reported by WBHIDCO appointed Contractor. Two other earth moving machines (JCB) were observed near the proposed football ground.
• A peripheral drainage system will be provided all around the park which will prevent future water logging, as reported.
• A water body was observed running along the periphery of the park from SW to SE corner. As reported, the said water body will be restored and beautified and landscaped greenery will be developed all around it.
• Few water bodies, shallow land, marshy land, bogs, naturally depressed land were also observed within the park area. Knee-deep muck was observed in 5 some places near the football ground which may be due to lowland filling carried out in recent past. However, some parts of the park were inaccessible due to presence of tall grass, shrubs and other vegetation.
• Construction material was found heaped near the proposed football ground.
• Some tall trees including a few Shishu trees were observed at the site for proposed landscaped green area near the peripheral water body. No tree cutting activity was observed.
Remarks/recommendation:
i. Filling up and encroachment of water bodies and marshy land, bogs for construction of building or any other purpose should not be carried out.
ii. Any construction activity should be carried out as per provision of MOEF guidelines issued as per SO 3252(E) dated 24.12.2014 to ensure sustainable environment management.
iii. Construction activity should be done in a manner so that there is no adverse ecological impact on flora, fauna, wetlands (if any), open fields etc. The construction materials like sand etc. should be kept covered to prevent entrainment by wind and resultant dust pollution.
iv. No tree cutting activity was observed during inspection, however if any tree cutting activity is involved, suitable compensatory afforestation should be carried out as per guidelines of Forest Department/Environment Department.6
v. Water bodies to be preserved and restored for maintaining ecological balance.
vi. Necessary permission may be obtained for any construction or other classified industrial activity as per the provisions of the Order of WBPCB in respect of categorization of industries issued vide Memo No.:1512/4A-18/2010 (pt.I) dated 14/06/2016.
vii. Environmental Clearance may be obtained from Competent Authority if applicable for construction related activity.
viii. For land related matter, appropriate Department (L&LR) may be requested to look into the matter to ascertain the nature of land and if filling up of any water body has occurred."
5. Affidavit dated 12.08.2022 has been filed by Respondent No.9, Additional District Magistrate & District Land & Land Reforms Officer, Howrah, wherein it is stated that on 19.11.2015 the Estate Inspector on behalf of the Howrah Improvement Trust (hereinafter referred to as 'Trust') handed over possession of the 53.3459 acres of land to the Special Land Acquisition Officer (Trust). It is also stated that thereafter the Special Land Acquisition Officer handed over the possession of the same land to the Central Planning, WBHIDCO on behalf of the Urban Development and Municipal Affairs Department. It is further stated that the Joint Managing Director (Administration) vide his letter dated 30.11.2021 requested for mutation of the land and accordingly 19.4076 acres of land in Sheet No.30 of Mouza-Shibpur was recorded in the name of WBHIDCO. This affidavit did not state as to whether the 19.4076 7 acres of land in Sheet No.30 of Mouza-Shibpur was entirely waterbody or how much of it constituted the waterbody. The Additional District Magistrate & District Land & Land Reforms Officer, Howrah was therefore, directed to file a fresh affidavit indicating the plots which are covered by waterbody in a tabular form along with all supporting documents.
6. Supplementary affidavit dated 07.09.2022 has been filed by Respondent No.12, West Bengal Housing Infrastructure Development Corporation Limited (WBHIDCO), stating therein that out of the total area of the Sports City aggregating to 53.3459 acres of land, the waterbody comprises an area of 10.2893 acres. The Additional District Magistrate & District Land & Land Reforms Officer, Howrah, in its affidavit had however stated that the waterbodies comprising of Nala (1.7679 acres), Doba (1.8635 acres) and Pukur (3.9557 acres) comes to 7.5871 acres which is waterbody.
7. In Annexure-B of the affidavit dated 07.09.2022 filed by HIDCO Sheet numbers have been shown but we find that the sheet numbers do not tally with the Sheet numbers shown in para 6 of the affidavit dated 06.09.2022 filed by ADM and DL&LRO, Howrah in as much as Sheet Nos.21 and 31 do not appear in the Map in Annexure-B filed by HIDCO. The total area of Sheet nos.21 and 31 comes to 0.9028 acres. If this 0.9028 acres is added to 10.2893 acres, the total comes to 11.1921 acres of water body. Similarly, some of the Plot numbers within the Sheets are also not tallying 8 with the Plot numbers as mentioned in the affidavit of ADM and DL&LRO, Howrah.
8. Since Sheet Nos.21 and 31 were not shown in Annexure-B of the HIDCO Map, the Tribunal directed HIDCO authorities to sit with the ADM and DL & LRO, Howrah and reconcile the discrepancy in figures and thereafter file fresh affidavit.
9. In response, supplementary affidavit dated 22.09.2022 has been filed by Respondent No.12, West Bengal Housing Infrastructure Development Corporation Limited (WBHIDCO), bringing on record as Annexure-B, charts showing the plot nos. with areas. In paragraph-10 of the said affidavit, the details of the land and waterbody has been filed which reads as under: -
"Total area of water bodies - 11.5255 acres Total area of plots about other than water body - 41.8204 acres Total area of the Sports City (Khelnagri) - 53.3459 acres"
10. Mr. Aritra Basu, learned Counsel for Respondent No.12, WBHIDCO, has referred to Annexure-B of this affidavit and submits that the area in acres is shown as 7.5871 acres of Plot No.73 and of Plot No.37 the area is 3.9384 acres in table-B i.e., total 11.5255 acres. Thus, the total area of land which is covered by waterbody is 11.5255 acres. In the affidavit of WBHIDCO, it is stated that there were certain discrepancies regarding the plots and the area of the said plots which led the court to pass the order dated 08.09.2022 and explaining this discrepancies, it is stated that the Law Officer, District Land and Land & Land Reforms Officer, Howrah, and 9 representative of Respondent No.9 and the Special Land Acquisition Officer, WBHIDCO inspected the Record of Rights (ROR) maintained by the Land and Land Reforms Department of Respondent No.9 and thereafter, it was realized that the status regarding Sheet No.21 was inadvertently missed out in the supplementary affidavit filed by WBHIDCO dated 07.09.2022. However, Plot Nos.200 and 131 of Sheet No.21 were shown in Sheet No.30 but Sheet No.31 was not reflected in the supplementary affidavit.
11. Learned Counsel for the Respondent No.12 further submitted that the total area of the waterbody is 11.5255 acres and the same has been preserved by WBHIDCO and no encroachment on the said land has been made or allowed to be made by anyone.
12. Mr. Ankur Sharma, applicant in person, on the other hand referred to the Google Maps filed by him with regard to the area in question and submitted that the total area in the map shows hardly 5 to 6 acres as covering waterbody. However, in view of the land records and sheet no. which have been filed with the supplementary affidavit it has now been clarified that 11.5255 acres is the total area covered by waterbody out of the total area of Sports City (Khelnagri) comprising 53.3459 acres.
13. In this view of the matter, nothing further remains for adjudication in the present case. We dispose of the Original Application with a direction to the Respondent No.12, West Bengal Housing Infrastructure Development Corporation Limited (WBHIDCO), to ensure that 11.5255 acres of land corresponding to 10 the sheet nos. shown in their supplementary affidavit as well as in their previous affidavit is maintained as a waterbody and no encroachment of any kind, to any extent shall be allowed over this waterbody.
14. With the aforesaid directions, the Original Application No.33/2022/EZ is accordingly disposed of.
15. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata September 27th, 2022 Original Application No.33/2022/EZ MN 11