National Green Tribunal
Sri Sudhan Das vs State Of Assam on 29 June, 2021
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 13/2018/EZ
Sudhan Das Applicant(s)
Versus
State of Assam & Ors. Respondent(s)
Date of hearing: 29.06.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Paushali Banerjee, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury,
Advocate for Respondent No. 11
Mr. Surendra Kumar, Advocate for
Respondent No. 12
ORDER
1. Ms. Paushali Banerjee, Ld. Counsel for the Applicant states that despite her best efforts in trying to contact the Applicant, she is not able to do so and her client is not responding to her letter or email. She has also informed that she has no instruction in the matter as of today.
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2. However, considering the allegations made in the O.A. we are not inclined to dismiss the same for want of instruction.
3. Issue notice to the Respondent Nos. 5, 6, 7, 8, 9 & 10 returnable within four weeks. Issue notice also to the Respondent Nos. 1, 2, 3 & 4.
4. Ms. Paushali Banerjee, Ld. Counsel has informed that she has already served the e-copy of the O.A. with all its annexures on the Respondent Nos. 1, 2, 3 & 4.
5. In paragraph Nos. 6, 7 & 8 of the O.A. the Applicant has made the following allegations:- "6. That besides such unauthorized plying of boats and houseboats for tourism purpose on the River Dibru, River Brahmaputra and River Dangori, such boats and houseboats mostly have kitchen and toiled facilities on the boats.
7. That the matter of concern is that toilet and kitchen wastes are directly being released in River DEibru, River Brahmaputra and River Dangori by the owners of the such boats and houseboats. Besides the food, urine and excreta so released in the River Dibru, River 2 Brahmaputra and River Dangori, municipal waste such as bottles, napkins etc. are also carelessly tossed around in the rivers.
8. That such occurrences had not only caused and is causing pollution in the River Dibru, River Brahmaputra and River Dangori, but also, the same has hit the livelihood of the fishermen who earn their livelihood by fishing in the permissive zones in River Dibru, Brahmaputra and River Dangori."
6. We are of the view that considering these allegations matter should be heard and the responses called from the Respondents.
7. We are also of the view that a Committee be constituted to examine and investigate the allegations made in the paragraph Nos. 6, 7 & 8 and Committee should also submit its report with regard to the discharge of sewerage and other wastes into the River Dibru, River Brahmaputra and the River Dangori.
6. We, therefore, constitute a committee comprising of the following members:
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a) Senior Scientist from Integrated Regional Office of MoEF & CC, Shillong/Gauhati.
b) Senior Scientist from Central Pollution Control Board, Regional Office, Shillong.
c) Senior Scientist from Assam State Pollution Control Board (APCB in short).
d) The Deputy Commissioner, Tinsukia The Integrated Regional Office of MoEF & CC, Shillong/Gauhati will be the Nodal Office. The Deputy Commissioner, Tinsukia shall co-ordinate for all logistic purposes.
7. The Committee will submit its report on the following points:-
(i) No. of boats and houseboats plying on the three rivers including the private Respondents herein discharging untreated sewerage/other wastes
(ii) System for disposal of sewerage and other wastes adopted.
(iii) The Committee will also carry out water analysis test randomly at different places to test for Total Coli 4 form and Faecal Coliform besides other parameters like PH, BOD, COD etc.
(iv) The Committee will also assess the damage caused due to pollution and impose environmental compensation accordingly, if found in violation of environmental norms.
v) The Committee will also suggest remedial measures to be taken to mitigate the above issues of pollution.
This report shall be submitted by the Committee within six weeks.
8. The Ld. Counsel for the Applicant shall serve the e-
copy of the O.A. along with all its annexures on all the Ld. Counsel for the respondents within 48 hours.
9. List on 16.08.2021.
.................................. B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM June 29.06.2021 Original Application No. 13/2018/EZ AKC 5