National Green Tribunal
Raghunath Maity vs West Bengal Pollution Control Board on 5 July, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.64/2023/EZ
Raghunath Maity Applicant(s)
Versus
The West Bengal Pollution Control Board & Ors. Respondent(s)
Date of hearing: 05.07.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Sandip Ghosh, Advocate a/w
Mr. Partha Sarkar, Advocate
For Respondent(s) : Mr. Dipanjan Ghosh, Advocate for R-1,
Mr. Sibojyoti Chakraborty, Advocate for R-2, 3, 4 & 5
ORDER
1. Mr. Sandip Ghosh, learned Counsel along with Mr. Partha Sarkar, learned Counsel, are present on behalf of the Applicant.
2. This Original Application has been filed by the Applicant seeking a direction to the Respondent No.3 to seal the premises of M/s Biswanath Bani Mill situated at P.S.-Panskura, Mouza- Meghadanagar, J.L. No.92, Dag No.164, District-Purba Medinipur. It is alleged that the said Mill has been setup by its erstwhile Proprietor Dipak Kumar Das (since deceased) by obtaining Consent to Establish (CTE) from the West Bengal Pollution Control Board on Plot No.165, Mouza-Meghadanagar, J.L. No.92, Khatian No.157 but actually the Mill has been setup on Plot No.164, Mouza-Meghadanagar, J.L. No.92 since the Plot No.164 and 165, Mouza-Meghadanagar, J.L. No.92, Khatian No.157 belong to the Irrigation and Waterways Department, Govt. of West Bengal, as per information obtained from the BL&LRO, Panskura-I. This shows that the Consent to Establish (CTE) has been procured by the Mill Respondent No.6 by 1 misrepresentation and suppression of facts and without submitting the land records. From the averments of the Original Application it is seen that there have been several rounds of litigation before the Hon'ble High Court of Calcutta and also before the Hon'ble Supreme Court.
3. The allegation of the Applicant is that the Mill is operating without a valid Consent to Operate (CTO) and order was also issued by the West Bengal Pollution Control Board during the hearing held on 25.03.2006 directing the Respondent No.6, Mill, not to operate without a valid Consent to Operate (CTO) as per record of proceedings/order dated 25.03.2006, Annexure-A-8 to the Original Application.
4. Further allegation of the Applicant is that the Mill is operating without valid consents i.e., Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act in 1981 as well as Noise Pollution (Regulation and Control) Rules, 2000.
5. It is further stated that the Applicant moved an application under the RTI on 30.11.2022 before the GM-DIC, Purba Medinipur, enquiring whether any Consent to Operate (CTO) has been issued in favour of the Respondent No.6 and he was informed by RTI reply dated 10.01.2023, Annexure-A-40 to the Original Application, that the status of Consent to Operate (CTO) of M/s Biswanath Bani Mill, P.O.-Meghadanagar, P.S.-Panskura, District-Purba Medinipur, is rejected which shows that even as of today the Respondent No.6 is operating the Mill without a valid Consent to Operate (CTO).
6. In our opinion, matter requires consideration.
7. Issue notice to the Respondents, returnable within four weeks. 2
8. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.1, West Bengal Pollution Control Board.
9. Mr. Sibojyoti Chakraborty, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.2, 3, 4 & 5, State Respondents.
10. Issue notice to the Respondent No.6, Private Respondent, returnable within four weeks.
11. All the Respondents shall file their counter-affidavits within four weeks.
12. The learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Dipanjan Ghosh and Mr. Sibojyoti Chakraborty, learned Counsel for the Respondents within 24 hours.
13. List on 07.08.2023.
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B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM July 05, 2023, Original Application No.64/2023/EZ MN 3