National Green Tribunal
Indusekhar Das vs State Of West Bangal on 26 February, 2026
Item No.16 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
ORIGINAL APPLICATION NO.147/2025/EZ
IN THE MATTER OF:
1. Sri. Indusekhar Das, son of Late Bhupal Chandra Das,
Aged about 65 years,
Residing at 49, J M Avenue, Panshila,
Sadhur More, Sodepur, Kolkata-700112.
M: 8509075692
Email: [email protected]
Versus
1. The State of West Bengal,
represented through
the Additional Chief Secretary,
Department of Environment,
5th Floor, Pranisampad Bhawan,
Block LB- II, Salt Lake,
Sector- III, Kolkata 700106.
Email [email protected]
2. The Chief Secretary,
Govt. of West Bengal,
"Nabanna", 325, Sarat Chatterjee Road,
Howrah-711102
Email:[email protected]
3. The West Bengal Pollution Control Board,
service through the Member Secretary,
Paribesh Bhawan, 10A, Block LA,
Sector III, Bidhannagar,
Kolkata-700106.
Email [email protected]
4. The Chairman,
West Bengal Pollution Control Board,
Paribesh Bhawan, 10A, Block-LA,
Sector- III, Bidhannagar,
Kolkata-700106.
Email id- [email protected]
5. The District Magistrate,
North-24-Parganas, Banamalipur,
Barasat, District-North-24-Parganas,
Pin-700124.
Email id- [email protected]
6. The Officer-in-Charge,
Khardah Police Station,
Barrackpore Trunk Road,
Jole Doba Para,
Khardaha-700116.
Email: [email protected]
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7. The Panihati Municipality,
service through Executive
Officer Barrackpore Trunk Road,
4, Deshbondhu Nagar, Panihati,
Kolkata-700114.
Email: [email protected].
8. M/s Manju Furniture,
represented by the Proprietor Liton Roy,
Siddha Tara Apartment, JM Avenue,
Panshila, Sadhur More, Sodepur, Kolkata -
700112.
For the Applicant:
Mr. Krishnendu Bera, Advocate for the applicant (through VC).
For the Respondents:
Mr. Sudip Kumar Dutta, Advocate for respondents no.1, 2, 5 and 6
(through VC).
Mr. Sibojyoti Chakrabarti, Advocate for respondents no.3 and 4 (through
VC).
Mr. Soumyajit Bhatta, Advocate for respondent no.7 (through VC).
None for respondent no.8.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
_______________________________________________________________________________
Order reserved on:- 05.12.2025
Order pronounced on:- 26.02.2026
_______________________________________________________________________________
ORDER
PRONOUNCED BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant has filed the present original application under Section 18 (1) read with Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking following reliefs:-
"a) Mandatory order commanding the respondents each one of them, their men, agents, assigns, subordinates to issue 'Closure Order' in favour of the respondent no. 8 who is continuing operation of the unit in violation of the order dated 02.04.2025 vide Memo no. 502(2)-
5L/WPB-2024/M-5417 without obtaining all Statutory licenses including Consent to Establish and Consent to operate within 30 th April, 2025.
b) An order and/or appropriate orders upon the respondents, their men, agents, assigns and subordinates, particularly the respondent 2 no.8 herein to comply with all the directions by taking adequate noise control measures like installation of acoustic insulation panels, Noise Barriers, shifting of noise producing equipments and to take effective measures of avoid nuisance cause by the dispersion of dust in the ambient air and to close all the opening and gap of the unit towards the applicant's sides permanently.
c) An order directing the respondents to maintain environmental norms strictly and take all necessary measures so that the people living in the neighbourhood may not suffer due to it's activities in any way whatsoever.
d) An order directing the Officer-in-Charge of Khardah Police Station to take necessary steps against the private respondent no. 8.
e) Any other order and/or orders, direction and/or directions as this Hon'ble Tribunal may deem fit and proper.
f) Cost and/or incidental to the instant application."
2. The applicant has submitted in the original application that the applicant is owner of property numbered as 49, JM Avenue, Panshila, Sadhur More, Sodepur, Kolkata and he is permanently residing there since 2020. Respondent no.8 industry has a carpentry shop at the ground floor of the building on the opposite side of the narrow lane where he does all kinds of wood work using manual as well as electrical machineries. The work of cutting, shaping, chopping, chiseling and burnishing is being done leading to high level of decibel sound every day from 9.00 am to 10.00 pm. The Applicant resides along with his family at a distance of 05 meters (approx.) from the said carpentry shop and with the consistent harsh and vigorous sound of hitting and cutting, chiseling and hammering woods, with electrical as well as manual tools each and every day, and the exorbitant amount of dust spread in the environment using a dust blower, applicant and his family are facing serious health issues. The Applicant lodged a complaint with Respondent No.3-West Bengal State Pollution Control Board (WBSPCB) (Department of Environment) on 27.06.2024 on which Respondent No.3 directed the Officer-in-Charge, Khardah Police 3 Station to inspect the site and verify the correctness of the complaint but all in vain. The applicant made complaint dated 27.09.2024 to the National Human Rights Commission which was forwarded to Respondent No.3 for necessary action.
3. The applicant has further submitted that the applicant appeared before respondent no. 3-WBSPCB and submitted written notes with evidence showing that physical inspection on 05.02.2025 by WBSPCB was not conduced in proper manner. During the inspection, no actual carpentry work was taking place. The inspecting official instructed the carpentry shop to generate noise, which they did by utilizing hand tools and a grinder, employing only a few wood pieces without any specific tasks that would produce louder sounds. On 02.04.2025, Respondent No.3- WBSPCB communicated the record of proceedings, and after receiving the record of proceedings the applicant sent intimation to WBSPCB with regard to suppression of facts with evidence. After considering the Inspection Report as well as the complaint, WBSPCB passed certain directions ordering the Respondent No.8 to maintain environmental norms strictly and take all necessary measures so that people living in the neighbourhood would not suffer due to their activities. The unit was also directed to submit a compliance report to the in-charge of Barrackpore Regional Office of the Respondent No.3 before 30.04.2025. The Respondent No.3 specifically directed Respondent No.8 to operate the unit only after obtaining Consent to Establish (CTE) and Consent to Operate (CTO) under the 'Green' Category but the order was flouted. On 23.05.2025, the Applicant made a reminder about non-compliance of the order of Respondent No.3. On 11.06.2025, the officials of Panihati Municipality visited the shop of the Respondent No.8 to inspect whether licenses were granted and found that no license other than "Trade License" was granted. 4
4. The Applicant has further submitted that inspite of specific direction Respondent No. 8 is operating the unit both in the open common passage outside the shop and within the shop without implementing any noise control measure and Respondent No. 8 has not closed the opening and gap of the unit towards the Applicant's side permanently and is violating the directions.
5. The applicant also filed supplementary affidavit dated 01.12.2025 (pages no.51 to 64 of the paper book). The relevant part of the supplementary affidavit are as under:-
"Supplementary affidavit filed by the applicant.
X X X
2. That being aggrieved with the excessive sound and dust pollution at the instance of the respondent no. 8 for the carrying on operations of Carpentry Shop at the ground floor of the building to the opposite side of the applicant and also against the non compliance of order dated 02.04.2025 vide Memo no. 502(2)-5L/WPB-2024/M-5417 without obtaining all Statutory licenses including Consent to Establish and Consent to operate within 30th April, 2025, the applicant constrained to move before this Hon'ble Tribunal for his redressal.
3. That the said original application was admitted by the Hon'ble National Green Tribunal by an order dated 21.08.2025 after being satisfied with prima facie case of adverse impact on environment which was found to be made out and was pleased to direct the Registry to issue notices to respondents. Copy of the said order dated 21.08.2025 is annexed hereto and marked with the letter A to this affidavit"
4. Your applicant states that in compliance of the direction of the Hon'ble Tribunal applicant duly served the notice upon the respondent no. 8. But as the respondent no. 8 not appeared and therefore the Hon'ble Tribunal by an order dated 06.10.2025 directed to issue notice upon respondent no. 8 again through District Magistrate, North-24-Parganas.
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5. Your applicant came to learn that on 07.11.2025, the officials of Panihati Municipality visited the premises of respondent no. 8 and on 08.11.2025, Mr. Litan Roy, the proprietor of respondent no. 8 accompanied by seven to eight persons, visited the residence of the applicant at about 5.30 PM. Their purpose was only to persuade the applicant to withdraw the case filed before this Hon'ble Tribunal. Although the applicant informed them that the instant case is filed only to ensure compliance with the remedial measure directed by the West Bengal Pollution Control Board (WBPCB). But it is unfortunate that said respondent no.8 repeatedly insisted the applicant to withdraw the case.
6. The applicant states that due to excessive noise and dust generated from the unit of respondent no.8 despite repeated requests over the past four to five years, the applicant lodged complaint before the WBPCB, which issued a Record of Proceeding directing specific measures to control pollution. Inspite of specific order passed by the WBPCB the respondent no. 8 in daylight violated the same and disregarded the said directions which compelled the applicant to approach this Hon'ble Tribunal.
7. The applicant states that on 24.11.2025, one of the associates of the Respondent, namely Sri Rakesh Das alias Bappa, son of Sri Ranjit Das, came to the residence of applicant at about 1 PM in an intoxicated condition. The same individual was also present in the group who came to the residence on 08.11.2025 for withdrawal of the case and threatened the applicant with abusive language as the applicant refused to withdraw the instant proceeding. In broad daylight the associate of respondent no.8 put pressure upon the applicant to withdraw the case and claiming himself to be an antisocial element and if the applicant not withdrawn the instant proceeding he would go to any extent for the same. He continued to shout outside the residence and also threatened the applicant as well as his family members upon giving life-threatening threats and everything were recorded in the CCTV footage of the applicant's residence. It is stated further that he also visited the residence of Sri Manoranjan Pal, neighbour of the applicant and used abusive language against his female family members after questioning them about their signature on a letter addressed to WBPCB. 6
8. That due to continuous threats and intimidation the applicant contacted Khardah Police Station when the officials of Khardah Police Station investigated the same and recorded the details of the applicant. But it is unfortunate that inspite of the same the alleged persons roaming in the local and kept vigil upon the movement of the applicant. As such having found no other alternative the applicant lodged a written complaint on 25.11.2025 before the Officer-in- Charge, Khardah Police Station with a copy to the Commissioner of Police, Barrackpore.
Copy of the said complaint is annexed hereto and marked with the letter 'B' to this affidavit.
9. It is respectfully submitted that in spite of putting uninterrupted pressure upon the applicant to withdraw the instant original application, the applicant not willing to withdraw the instant application and most humbly praying for a direction upon the West Bengal Pollution Control Order Board's to issue 'Closure Order' in favour of the respondent no.8 who is continuing operation of the unit in violation of the order dated 02.04.2025 vide Memo no. 502(2)- 5L/WPB-2024/M-5417 without obtaining all Statutory licenses including Consent to Establish and Consent to operate within 30th April, 2025."
6. Vide order dated 06.10.2025, Respondents No.1 to 7 were directed to file their responses/Action Taken Report within one month.
7. In compliance thereof Action Taken Report by way of affidavit dated 04.12.2025 was filed by respondents no.3 and 4 along with copy of inspection report dated 04.12.2025. The above said affidavit and the Inspection Report will be referred to and discussed in the later part of this order.
8. Learned Counsels for Respondents no. 1, 2, 5 and 6 made statement regarding adoption by Respondents no. 1, 2, 5 and 6 of the affidavit filed by Respondents no. 3 and 4.
9. Notice was duly served on Respondent No. 8 by District Magistrate, North-24 Parganas but none has appeared for Respondent No. 8 despite due service.
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10. We have heard Mr. Krishnendu Bera, learned Counsel for the applicant and Mr. Sudip Kumar Dutta, learned Counsel for respondents no.1, 2, 5 and 6, Mr. Sibojyoti Chakrabarti, learned Counsel for respondents no. 3 and 4 and Mr. Soumyajit Bhatta, learned Counsel for respondent no.7 and have gone through the material on record carefully.
11. In compliance of order dated 06.10.2025 requiring Respondents No. 1 to 7 to file responses/action taken reports within one month, Respondents No. 3 and 4 filed report dated 04.12.2025. The relevant part of the report reads as under:-
"REPORT ON BEHALF OF RESPONDENT NOS. 03 & 04, i.e. THE WEST BENGAL POLLUTION CONTROL BOARD.
X X X
03. That, the Official of the Barrackpore Regional Office of the State Board caused an inspection of the alleged M/s. Manju Furniture, located at Siddha Tara Apartment, 49, JM Avenue Road, P.O.-Pansila, Pin-700012, on 04.12.2025.
04. That, the following observations and other information were made from the said inspection:
• M/s. Manju Furniture is a small carpentry unit engaged in manufacturing of wooded furniture, door, window, etc. The unit (comprised of two adjacent rooms) was originally located on the ground floor at eastern side of residential building named Siddha Tara Apartment.
• At present, Mr. Liton Roy, proprietor has shifted his furniture manufacturing activity to a ground floor room (approx. 9'X18' size) located on the other end (western side) of the Siddha Tara Apartment.
• The unit was in operation during inspection and no activity was being carried out at the earlier location of the unit. Further, it is observed that one room of the previous location of the unit is being used as store room and other room is completely empty.
• Ms. Konika Das, wife of Mr. Indusekhar Das (Complainant) informed at present they are facing no problem after the unit has shifted its workshop to new location far from their residence.
05. That, the following remark was made by the Inspecting Official of the State Board:
"Previously the unit was in green category but as per present categorization, the activity of the unit falls under 8 white category, for which Consent to Establish or Consent to Operate is not required.
Copy of Inspection Report of the State Board is annexed herewith and marked with letter R"
12. The respondents no.3 and 4 also enclosed the Inspection Report (page no.77 of the paper book) along with the affidavit. The relevant part of the Inspection Report as under:-
"Inspection Report Reference : NGT Original Application No. 147/2025/EZ Name of the : M/s Manju Furniture, Prop: Mr. Liton Roy Category White; Carpentry & wooden furniture manufacturing without spray painting (excluding saw mill) with the help of electrical (motorized) machines such as electrical wood planner, steel saw cutting circular blade etc. Address : Siddha Tara Apartment, 49, JM Avenue, P.O.- Pansila, PIN-70012 Police Station : Khardah Local Body : Panihati Municipality Date of inspection : 04.12.2025 Inspecting officers : S.Pal (AEE, Barrackpore RO) Persons and during : 1. Mr. Liton Roy (Proprietor) inspection 2. Ms. Konika Das, W/o Mr. Indushekhar Das (Complainant) Observation & other information:
M/s Manju Furniture is a small carpentry unit engaged in manufacturing of wooden furniture, door, window etc. The unit (comprised of two adjacent rooms) was originally located on the ground floor at eastern side of residential building named Siddha Tara Apartment.
At present, Mr. Liton Roy, proprietor has shifted his furniture manufacturing activity to a ground floor room (approx. 9'X18' size) located on the other end (western side) of the Siddha Tara Apartment.
The unit was in operation during inspection and no activity was being carried out from the earlier location of the unit. Further it is observed that one room of the previous location of the unit is being used as store room and other room is completely empty.
Ms. Konika Das, W/o Mr. Indushekhar Das (Complainant) informed that at present they are facing no problem after the unit has shifted its workshop to new location far from their residence.9
Remark:
1. Previously the unit was in green category but as per present categorization, the activity of the unit falls under white category, for which consent to establish to operate is not required."
13. The applicant has not filed any objections against the inspection report dated 04.12.2025 submitted by Mr. S.Pal (AEE, Barrakpore RO) and report dated 04.12.2025 filed by respondents no. 3 and 4 and has not challenged/disputed the veracity/correctness thereof.
14. It is evident from the report that Respondent No. 8 has shifted his furniture manufacturing activity to a ground floor room (approx. 9'X18' size) located on the other end (western side) of the Siddha Tara Apartment and no activity was being carried out from the earlier location of the unit where one room is being used as store room and other room is completely empty. Ms. Konika Das, wife of the applicant-Mr. Indushekhar Das acknowledged that they were not facing any problem after the unit had shifted its workshop to new location far away from their residence.
15. In view of the above report, no further action is required to be taken on the present original application which is disposed of accordingly.
Arun Kumar Tyagi, JM Ishwar Singh, EM February 26th 2026 Original Application No.147/2025/EZ ag 10