National Green Tribunal
Nirmal Kumar Singha vs State Of West Bengal on 17 August, 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.91/2023/EZ
Nirmal Kumar Singha Applicant(s)
Versus
The State of West Bengal & Ors. Respondent(s)
Date of hearing: 17.08.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Saheb Banerjee, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Saheb Banerjee, learned Counsel appearing (in Virtual Mode) on behalf of the Applicant.
2. The Applicant in the present Original Application is aggrieved by the illegal cutting of about 938 trees in the district Bankura. His case is that he had planted 1100 trees on plot No.815, Mouza - Kapila, JL. No.105, Police Station - Gangajalghati, District - Bankura and out of these 1100 trees, 938 trees have survived and are growing due to the care taken by the Applicant.
3. It is further stated that the National Highway Authority of India (NHAI) decided to build a bridge over River Shali and issued notice for acceptance of compensation to the Applicant. The applicant is stated to have filed his objections in writing before the Special Land Acquisition Officer, Bankura during hearing on 12.08.2022, but it is stated that the Special Land Acquisition Officer, Bankura declined to accept the same.
4. It is further alleged that the Forest Beat Officer, Gangajalghati Range, inspected the land in question and has given his sanction for cutting of the 938 trees.
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5. It is also alleged that one Santi Sutradhar, Respondent No.10 herein, who is a wood merchant, has manufactured false and unfilled documents on which sanction has been granted by the Forest Ranger ignoring the provisions of the Indian Forest Act.
6. It is also stated that the Government has issued notice for acquisition of the land and valuation of the trees has also been determined by the Special Land Acquisition Officer.
7. The Applicant is also stated to have filed a complaint before the Gangajalghati Police Station on 19.06.2023, Annexure-C to the Original Application, on which direction has been given to the Assistant Sub Inspector to investigate the matter.
8. In our opinion, matter requires consideration.
9. Issue notice to the Respondents, returnable within four weeks.
10. Mr. Sibojyoti Chakraborty, learned Counsel who is appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1 to 9, State Respondents, Government of West Bengal.
11. Issue notice to Respondent No.10, returnable within four weeks.
12. All the Respondents shall file their counter-affidavits within four weeks.
13. Learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sibojyoti Chakraborty, learned Counsel within 24 hours.
14. List on 18.09.2023.
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B. Amit Sthalekar, JM ....................................... Prof. A. Senthil Vel, EM August 17, 2023, Original Application No.91/2023/EZ SKB 2