National Green Tribunal
Jayprakas Chaudhuri vs State Of West Bengal on 17 April, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.70/2025/EZ
Jayprakas Chaudhuri Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 17.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : Mr. Krishnendu Bera, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Krishnendu Bera, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. The present Original Application has been filed by the Applicant, Jayprakas Chaudhuri, with the following prayers:-
a) Mandatory order commanding the respondents each one of them, their men, agents, assigns, subordinates to take necessary action against illegal filling up of water body at Dag nos. 132 and 135 of Mouza- Nayabad on north west side and entire Southern side and to restore the land to it's original condition.
b) An order directing the respondents each one of them, their men, agents, assigns, subordinates to demolish the unauthorised construction constructed over the said wet land at Dag nos. 132 and 135 of Mouza- Nayabad upon illegal filling up the water body and constructed without obtaining permission from Kolkata Municipal Corporation. 1
c) An order directing the Officer-in-Charge of Purba Jadavpur Police Station to take necessary steps against the private respondents.
d) Any other order and/or orders, direction and/or directions as this Hon'ble Tribunal may deem fit and proper.
e) Cost and/or incidental to the instant application.
3. The allegation of the Applicant is that during 2000-2004, three moderately big water bodies at Dag no. 132 and 135 within the Jadavpur Co-operative Land and Housing Society were filled up partially with truck loads of fly ash and debris by the then authorities with the purpose of creating some additional Housing plot. The said plots are recorded as water body and fishing pond in the official website of the Land and Land Reforms and Refugee Relief and Rehabilitation Department.
4. It is stated that the offenders as well as the Secretary, Board of Directors acted in collusion to fill up the said water body and a hearing was also conducted in this regard by the West Bengal Pollution Control Board on 13.02.2006.
5. It is stated that some members of the Cooperative also lodged complaint before the Officer-in-Charge, Purba Jadavpur Police Station on 06.06.2009 for filling up of the pond in the North-West corner of the cooperative. It is stated that pursuant to the complaint, an (F.I.R.) was registered being FIR No.199/09 dated 30.12.2009 and a chargesheet has also been submitted.
6. It is further stated that till date no penal action has been taken against the offenders.
7. It is also alleged that vide Memo no.204/1(3)sch-47F dated 05.04.2010, the Deputy Director of Fisheries, Kolkata Zone 2 informed the Superintendent of Police, South 24 Parganas that he personally enquired about the alleged illegal filling of Dag nos. 132 and 135 of Mouza- Nayabad but no action has been taken against the offenders till date.
8. It is stated that vide Memo dated 27.05.2010, the Deputy Director of Fisheries, Kolkata Zone once again informed the Superintendent of Police, South 24 Parganas that he had requested the Police Sub Inspector ('PSI' for short) of Purba Jadavpur Police Station to identify the place of occurrence and take cognizance of the offence.
9. It is stated that with regard to the illegal filling of Dag nos. 132 and 135 in the said Cooperative land, the Executive Engineer (C), Project Management Unit, Kolkata Municipal Corporation also directed restoration of the land to its original condition within one month and again vide Memo dated 30.12.2010, the Environmental Engineer (PG & A Cell), West Bengal Pollution Control Board requested the Officer-in-Charge, Jadavpur (East) Police Station to take necessary action and also direct the Director General (PMU) Convenor Water Body Management Board, Kolkata Municipal Corporation for restoration of the water body.
10. Further Memo dated 23.06.2011 was issued informing the Director General (PMU) about the illegal filling of the water body under East Kolkata Wetland at the site in question located at the Jadavpur Co- operative Land & Housing Society, Mouza- Nayabad, K.C. Ward No. 109, Borough XII, P.S.- Purba Jadavpur, Kolkata 94 & 99.
11. The allegation is that the Respondent Nos.9, 10, 11 and 12 have illegally filled up the entire southern part of the water body being Dag no. 135 and created new plots being nos.180A to180E, 66A and 66B wherein the respondents, Biswajit Roy Sachin Das and 3 Mahadev Das, respondent nos.9, 10 and 11 are residing and by filling up the north west part of the pond being Dag no.132, the Respondent No.12, Basudev Roy has created a new plot being plot no.75A and made constructions therein in which he is residing.
12. Matter requires consideration.
13. Issue notice to the Respondents, returnable within four weeks.
14. Mr. Sudip Kumar Dutta, learned Counsel who is present in Court, accepts notice on behalf of the Respondent Nos.1, 3, 6, 7 and 8, State Respondents, Government of West Bengal.
15. Mr. Dipanjan Ghosh, learned Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent No.2, West Bengal Pollution Control Board.
16. Mr. Sibojyoti Chakrabarti, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.4, Kolkata Municipal Corporation.
17. Issue notice to the Respondent No.5, Director General (Project Management Unit), Convenor Water Body Management Board respectively, returnable within four weeks.
18. Issue notice to the Respondent Nos.9, 10, 11 and 12, private respondents, returnable within four weeks.
19. All the Respondents shall file their counter-affidavits within four weeks.
20. The Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sudip Kumar Dutta, Mr. Dipanjan Ghosh and Mr. Sibojyoti Chakrabarti, learned Counsel for the Respondents, within 24 hours. 4
21. List on 21.05.2025.
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B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 17, 2025, Original Application No.70/2025/EZ OM 5