National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs The State Of West Bengal on 20 August, 2024
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.110/2024/EZ
Tribunal on its own Motion in
Re: Illegal water land fill up
at BMC Ward No.2, Narayanpur, Rajarhat, Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 20.08.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Sibojyoti Chakraborty, Adv. for R-1, (in Virtual Mode)
Ms. Paushali Banerjee, Advocate for R-2,
Mr. Rajib Ray, Advocate for R-3,
ORDER
1. Mr. Rajib Ray, learned Counsel appearing for Respondent No.3, District Magistrate, North 24 Parganas, points out that in para 10 of the order of the Tribunal dated 05.07.2024 by mistake 'Senior Scientist, Odisha State Pollution Control Board' has been mentioned as Member of the Committee, though the matter pertains to the State of West Bengal.
2. We, therefore, direct that para 10 of our order dated 05.07.2024 be corrected and it be read as 'Senior Scientist, West Bengal Pollution Control Board' in place of 'Senior Scientist, Odisha State Pollution Control Board'.
3. Mr. Rajib Ray, learned Counsel prays for and is granted further four weeks time for filing the Committee Report on affidavit. 1
4. Mr. Sibojyoti Chakraborty, learned Counsel appearing (in Virtual Mode) for Respondent No.1, West Bengal Pollution Control Board, and Ms. Paushali Banerjee, learned Counsel appearing for Respondent No.2, Bidhannagar Municipal Corporation, state that since both the Departments are Members of the Committee constituted by the Tribunal, separate affidavits are not required at this stage.
5. List on 17.10.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 20, 2024, Original Application No.110/2024/EZ AK 2 (Corrected on 20.08.2024) Item No.01 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.110/2024/EZ Tribunal on its Own Motion Re.: Illegal water land fill up at BMC Ward No.2, Narayanpur, Rajarhat, Applicant(s) Versus The State of West Bengal & Ors. Respondent(s) Date of hearing: 05.07.2024 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu, ORDER
1. The present Original Application has been registered in view of a letter petition received in the National Green Tribunal, Eastern Zone Bench, Kolkata, on 14.03.2024. The allegation in the letter petition is that there is a body of water standing in Ward No.2, Narayanpur, Uttarayan (Cycle Factory Ground), Bidhannagar Municipal Corporation, Kolkata - 700136, P.S.-Narayanpur, P.O.- Rajarhat Gopalpur, North 24 Parganas, West Bengal and the said body of water is Danga and is being filled-up by anti-social- elements. It is stated that the land area of the said body of water measures about 2 acres and almost 50% of the said area has been filled-up.
2. Photographs have also been filed (pages 12 & 13 of the paper book), along with the letter petition by way of evidence.
3. Matter requires consideration.
3
4. Considering the allegations made, we direct the following be arrayed as Respondents in the present case:-
(1) West Bengal Pollution Control Board, through its Member Secretary, Odisha, (2) Bidhannagar Municipal Corporation, through its Commissioner, Bidhannagar, and (3) District Magistrate, North 24 Parganas,
5. Issue notice to the Respondents, returnable within four weeks.
6. Mr. Sibojyoti Chakraborty, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.1, West Bengal Pollution Control Board.
7. Ms. Paushali Banerjee, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.2, Bidhannagar Municipal Corporation.
8. Mr. Rajib Ray, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.3, District Magistrate, North 24 Parganas,
9. All the Respondents shall file their counter-affidavits within four weeks.
10. Considering the allegations made, we also deem it appropriate to constitute a Committee comprising of the following Members:-
(i) Senior Scientist, West Bengal Pollution Control Board,
(ii) Municipal Commissioner/Senior Officer, Bidhannagar Municipal Corporation, and
(iii) District Magistrate, North 24 Parganas, or his representative not below the rank of Additional District Magistrate, 4
11. The Committee shall visit the site in question and submit its Factual and Action Taken Report with regard to the allegations made.
12. The District Magistrate, North 24 Parganas, shall be the Nodal Office for all logistic purposes and for filing the Report of the Committee on affidavit.
13. The Registry of the Tribunal shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sibojyoti Chakraborty, Ms. Paushali Banerjee and Mr. Rajib Ray, Counsel for the Respondent, within 48 hours.
14. List on 20.08.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 05, 2024, Original Application No.110/2024/EZ AK 5