National Green Tribunal
Srimati Chandra Das vs The Department Of Evironment ... on 10 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.86/2023/EZ
In the matter of:
Srimati Chandra Das
Wife of Late Nandalal Das of
14, Purbachal, Town,
Post Office and Police Station - Rahara,
District - North 24 Parganas,
Pin - 700 118
.... Applicant(s)
Versus
1. The State of West Bengal
Service through the Additional Principal Secretary,
Department of Environment,
Government of West Bengal
Having his office at 5th Floor,
Prani Sampad Bhawn,
Block LB-II, Salt Lake City,
Sector-III,
Bidhan Nagar,
Kolkata - 700106
2. The West Bengal Pollution Control Board
Being represented by its Member Secretary,
Having its office at Paribesh Bhawan,
10A, Block LA,
Sector-3,
Salt Lake City,
Kolkata - 700106
3. The Principal Secretary
Department of Municipal Affairs,
Government of West Bengal
Having his office at Nagarayan Bhawan,
DF - 8, Sector-I,
Salt Lake City,
Kolkata - 700064
4. The Principal Conservator of Forests, General,
Government of West Bengal
Having his office at Aranya Bhawan,
LA - 10A Block, Sector-III,
Salt Lake City,
Kolkata - 700106
1
5. The Principal Secretary
Department of Urban Development and Municipal Affairs,
Government of West Bengal
Having his office at Nagarayan Bhawan
Block DF-8, Sector-I, Salt Lake City,
Kolkata - 700064
6. The Commissioner of Police
Barrackpore of Police Commissionerate
Having his office at Shankar Mandal Road,
Cantonment, Barrackpore,
Kolkata - 700120
7. The District Magistrate, North 24 Parganas
Having his office at the office of the District Magistrate,
Town, Post Office and Police Station - Barasat,
District North 24 Parganas,
Kolkata - 700120
8. The District Forest Officer, District North 24 Parganas,
Having his office at Town,
Post Office and Police Station - Barasat,
District North 24 Parganas,
Kolkata - 700120
9. The Divisional Forests Officer, 24 Parganas (North) Division,
Having his office at Court Complex,
(Near Barasat Bus Stand) Barasat,
District - North 24 Parganas,
Pin - 700124
10. The Range Officer, Barrackpore,
SF Range,
Department of Forests,
Government of West Bengal,
Having his office at Wireless More,
Post Office - Nona Chandanpukur,
Police Station - Titagarh,
District - North 24 Parganas,
Kolkata - 700122
11. The Chairman, Khardah Municipality,
21, B. T. Road,
Kolkata - 700117
12. The Executive Officer, Khardah Municipality,
21, B. T. Road,
Kolkata - 700117
13. The Officer-in-Charge,
Rahara Police Station,
District - 24 Parganas,
Having his office at Azamtala,
Post Office - Putulia via Titagarh,
District - North 24 Parganas,
Pin - 700119
2
14. Smt. Mamata Das,
Wife of Late Panna Lal Das
14/2, Purbachal, Town,
Post Office and Police Station - Rahara,
District - North 24 Parganas,
Pin - 700118
15. Sri Sanjay Das,
Son of Late Panna Lal Das
14/2, Purbachal, Town,
Post Office and Police Station - Rahara,
District - North 24 Parganas,
Pin - 700118
16. Smt. Jesmita Das,
Wife of Sanjay Das
14/2, Purbachal, Town,
Post Office and Police Station - Rahara,
District - North 24 Parganas,
Pin - 700118
.... Respondent(s)
Date of hearing: 10.08.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sanjib Kumar, Advocate (in Virtual Mode)
ORDER
1. The Applicant in the present application is seeking a direction to the Respondent No.13 to provide police help to the other State Respondents for removal of a coconut tree standing on the premises No.14/2, Post Office-Purbachal and Police Station-Rahara, District- North 24 Parganas. The allegation is that one Panna Lal Das, during his lifetime planted a coconut tree within the premises No.14/2, Purbachal, Post Office and Police Station-Rahara, whereas the adjacent area in and around the said property belongs to the Applicant i.e. premises No.14, Purbachal, Police Station-Rahara, North 24 Parganas.
2. It is stated that the tree has now grown to a height of 40 feet and with passage of time is encroaching on the premises of the Applicant. It is also alleged that the roots of the coconut tree are causing 3 damage to the underground septic tank as well as the foundation of the main building and boundary wall of the premises belonging to the Applicant and the falling leaves of the said coconut tree are causing dust and waste at the rain water pipe, roof and air conditioner system of the building of the Applicant as a result of which rain water is collecting in a stagnant pool flowing to the staircase.
3. The Applicant is stated to have submitted an application before the District Magistrate, North 24 Parganas in this regard on 19.01.2021 which was forwarded by the Sub-Divisional Officer, Barrackpore, through his letter dated 01.02.2021 to the Chairperson, Khardah Municipality. The Executive Officer, Khardah Municipality is stated to have forwarded the letter of the Sub-Divisional Officer to the Divisional Forest Officer vide his letter dated 09.03.2021.
4. It is further stated that the Divisional Forest Officer, 24 Parganas (North) Division vide his letter dated 12.03.2021 addressed to the Executive Officer, Khardah Municipality informed that permission for felling the tree will be given as per West Bengal Trees (Protection and Conservation in non-forest areas) Act, 2006 and West Bengal (Protection and Conservation in non-forest areas) Rules, 2007 to the owner of the land on which the tree is present and proposed to be felled after properly filling up proforma 1A & 1C and requisite fee and necessary documents are submitted in this regard. The same letter requests the Executive Officer, Khardah Municipality, to submit the filled-up form with other necessary documents to the Divisional Forest Officer, if it is Municipal area and to the Range Officer, Barrackpore SF Range, if it is a Panchayat area. It is alleged by the Applicant that no action has been taken thereafter by the 4 Respondents and therefore, the Applicant also has filed an application under Section 156 (3) of the Code of Criminal Procedure, 1973 in the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore which was registered as M.P. Case No.727 of 2022. It is also stated that a Civil Suit being title Suit No.72 of 2022 is pending adjudication in the Court of Civil Judge, Junior Division Second Court at Barrackpore between the Applicant the private Respondents.
5. It is further stated that the Principal Chief Conservator of Forests by his letter dated 27.04.2023 has directed the Divisional Forest Officer to take action in the matter in accordance with law.
6. Heard Mr. Sanjib Kumar, learned Counsel for the Applicant and considering the allegations made in the present Original Application, we find that this case does not raise a substantial question of environment relating to environment or enforcement of any legal right relating to environment to invite interference by this Tribunal and it appears to be in the nature of a purely private dispute between the Applicant and private Respondents and the Original Application is, therefore, not maintainable.
7. Original Application No.86/2023/EZ is accordingly dismissed as not maintainable.
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 10, 2023, Original Application No.86/2023/EZ MN 5