National Green Tribunal
Paribesh Academy vs The State Of West Bengal on 11 December, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.162/2025/EZ
Paribesh Academy & Ors. Applicants
Versus
The State of West Bengal & Ors. Respondents
For the Applicants:
Mr. Bikash Shaw, Advocate for the applicants (through VC).
For the Respondents:
Mr. Sudip Kumar Dutta, Advocate for respondents no. 1 to 6.
Mr. Sibojyoti Chakrabarty, Advocate for respondent no. 8.
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. PRASHANT GARGAVA, EXPERT MEMBER
Order reserved on: November 28, 2025
Order pronounced on: December 11, 2025
ORDER
1. The applicants have filed the present application under Section 18 (1) read with Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking following reliefs:-
"a. An order commanding the respondents, each one of them and their men / agents /servants to forthwith restrain the private respondent from filling up the said water and/or from making any construction of permanent and temporary nature in respect of the said water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly;
b. An order commanding the respondents, each one of them and/or their man / agents / servants to forthwith restore the said water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, 1 J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, Ρ.Ο. Rabindranagore, District Hooghly in its original condition, shape and size;
c. An order commanding the respondents, each one of them and/or their man / agents / servants to forthwith demolish any construction work, made by the private respondent over the said water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly;
d. An order commanding the respondents, each one of them and/or their man / agents / servants to forthwith take all steps to ensure the preservation of the said water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly;
e. An order commanding the respondents, each one of them and/or their man / agents / servants to forthwith take appropriate legal actions against the private respondent for illegally filling up the said water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly;
f. An order do issue directing the respondent authorities to forthwith restore the said water body in its original shape and size, lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly;
g. An order do issue directing the respondents and/or their men/ agents/servants to forthwith take step for excavating the filled up portion of the said water body and for demolition of the unauthorized construction made by the private respondent over the said water bodies;
h. Ad-interim orders in terms of prayers (1) and (g) as above.
i. Orders as to costs.2
j. Such other order and/or direction as Your Lordships may deem fit and proper."
2. The applicants have submitted in the Original Application that respondent no. 10 has engaged himself in illegally filling up water body/pond lying and situated at Mouja Kulihanda, under Kodalia No.2 Gram Panchayat, Village Krishnapur 1 No., P.S. Chinsurah under Chandernagore Police Commissionerate, J.L. No. 18, L.R. Dag No. 7309 in Khatian No. 1, P.O. Rabindranagore, District Hooghly (hereinafter referred to as the "water body"). On 24.08.2009, the Prodhan of Kodalia No. 2 Gram Panchayat filed a complaint before the Chinsurah-Mogra Block Development Officer requesting him to take necessary action for the restoration of the water body and for taking action against respondent no. 10 and other accused as per prevalent laws. On 20.06.2012, the Block Land and Land Reforms Officer, Chinsurah-Mogra, Hooghly confirmed to the Prodhan of Kodalia No. 2 Gram Panchayat that the said water body had vested in the Government of West Bengal. Since no steps were taken for restoration of the said water body by the statutory authorities, on 22.05.2023 the local residents filed another representation before the statutory authorities requesting to take necessary action for restoration of the said water body. On 03.08.2023 the local Member of Hon'ble West Bengal Legislative Assembly also filed complaint before the District Magistrate, Hooghly. On 29.09.2023 the Revenue Inspector, Kodalia-2 R.I. Office, Chinsurah-Mogra Block carried out a physical inspection of the aforesaid water body and found that respondent no. 10 is instrumental in filling up of the water body by making illegal constructions and filed enquiry report before the Block Land and Land Reforms Officer, Chinsurah-Mogra Block, Hooghly. The Block Land and Land Reforms Officer, Chinsurah-Mogra Block, Hooghly 3 filed a complaint before the Officer-In-Charge, Chinsurah Police Station, Hooghly on 09.11.2023 against the accused and various other persons thereby complaining that they are attempting to alter the nature and character of the said water body unauthorizedly and without any prior permission of the Collector and in violation of the provisions of Section 4(c) of the West Bengal Land Reforms Act. FIR No. 534/2023 dated 10.11.2023 was registered against the private respondent no. 10 and various other persons in Police Station Chinsurah. Subsequent thereto Revenue Inspector, Kodalia-2 R.I. Office, Chinsurah-Mogra Block made a further physical inspection on 02.07.2024 and filed enquiry report on 03.07.2024 before the Block Land and Land Reforms Officer, Chinsurah- Mogra Block, Hooghly wherein it was clearly mentioned that the private respondent has made further construction in the eastern side of the said water body. In view of the aforesaid additional physical inspection/enquiry report, the Block Land and Land Reforms Officer, Chinsurah-Mogra Block, Hooghly filed another complaint before the Officer-In-Charge, Chinsurah Police Station, Hooghly on 08.07.2024 against respondent no. 10 and other accused and F.I.R. No. 287/2024 dated 08.07.2024 was registered in Police Station Chinsurah against the respondent no. 10 and others.
3. The applicants have further submitted in the Original Application that on 10.07.2024, the Assistant Director and the Block Land and Land Reforms Officer, Chinsurah-Mogra Block, Hooghly, informed the Additional District Magistrate and the District Land and Land Reforms, Hooghly about the aforesaid fact and requested him to take necessary action against the accused. On receipt of such information, the Additional District Magistrate and the District Land and Land Reforms, Hooghly forwarded the same to the Sub-Divisional Officer, Sadar, Hooghly on 4 15.07.2024 and requested him to take necessary action for restoration of the said water body being the property under the custody of the Collector to its original character in accordance with law as the said water body belongs to State of West Bengal under Collector's Khatian no. 1. The Sub- Divisional Magistrate, Sadar, Hooghly on 01.08.2024, 05.08.2024 and 12.08.2024 issued three consecutive notices upon the accused private respondent. By the first notice the accused was directed to demolish the newly constructed brick built boundary wall within 10 days. By the second notice he was directed to restore the encroached portion of the said water body. The third notice was a show cause notice under Section 3(1) of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962. On 02.09.2024, a hearing took place before the Collector under the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 and S.D.M. Sadar Hooghly where various directions were passed upon respondent no. 10 and other accused. On 30.09.2024, the Investigating Officer who was investigating Chinsurah P.S. Case No. 287 of 2024 dated 08.07.2024, filed charge sheet against respondent no. 10 and other accused. On 09.12.2024, the Collector under the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 and S.D.M. Sadar Hooghly disposed of the aforesaid proceeding without passing any order since the accused alleged that various proceedings with regard to the title of the aforesaid water body are pending before the Land Reforms and Tenancy Tribunal. On 06.01.2025 and 07.01.2025, the officials of Kodalia No. 2 Gram Panchayat forwarded various documents to the District Magistrate, Hooghly, to the Additional Chief Secretary and L.R.C., Land and Land Reforms and RR & R Department, Government of West Bengal regarding the instant matter with the request to take appropriate action as the local inhabitants have been facing serious ecological problems since long. However, no action, either for removal of 5 encroachment or for restoration of the said waterbody have been taken by the statutory authorities. Taking advantage of such inaction on the part of the statutory authorities, the respondent no. 10 continued with the illegal work of filling up the said water body with trace, garbage and rubbishes and cutting of trees at a rapid pace. The Applicant no. 1 filed complaints dated 17.03.2025, 26.03.2025 and 21.04.2025 but no action has been taken on the same.
4. The matter came up for hearing on 11.09.2025 on which date learned counsel for the applicant sought two weeks' time for placing on record copies of the revenue record.
5. The Applicant filed supplementary affidavit dated 15.10.2025 that the Applicant no. 2 states that the aforementioned water body vested to the Government of West Bengal and was registered under Khatian no. 1 which was not available for the general public to access. On 10.07.2024, the Assistant Director and B.L. & L.R.O., Chinsurah-Mogra, Hooghly, provided the certified copy of revenue records for the said water body to Applicant no. 2, in compliance with the oral direction passed by the District Magistrate, Hooghly, during the hearing of the complaint filed by Applicant no. 2. The same may be treated as part of the original application.
6. We have heard learned Counsel for the applicant and gone through the relevant record carefully.
7. In the record of rights, J.L. No. 18, Dag No. 7309, Old Dag No. 21 Khatain No. 1, Mouja- Kulihanda, Block-Mogra Chinsurah, District- Hooghly is recorded as Pukur (water body) and in the column of 6 description of Rayat/lessee name of Collector on behalf of West Bengal Government is recorded.
8. Prima-facie, the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 which warrants issuance of notices to the respondents.
9. However, in para no. 4 (r) of the Original Application the applicant has referred to order dated 09.12.2024 passed by the Collector under Section 3(1) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 and SDM, Sadar, Hooghly in which it was mentioned that a divestment matter related to the above mentioned plot involving determination of ownership of the disputed plot is pending before the Hon'ble LRTT since 2004. The applicant is not a party to the above said litigation and present status of the above said matter is not known to the applicant and is not consequently disclosed in the Original Application.
10. In view of the above, we consider it appropriate to seek report from District Magistrate, Hooghly before issuing notice to all the respondents. Accordingly, copy of the application along with documents attached with the same is ordered to be sent to the District Magistrate, Hooghly for verifying the present status of the above mentioned case pending before Hon'ble LRTT and to submit his report within four weeks.
11. It may be mentioned here that at the time of making of submissions by the applicant on the Original Application and reserving of the order, Mr. Sudip Kumar Dutta, learned Counsel had appeared and stated that he will accept notice on behalf of respondents no. 1 to 6 and 7 Mr. Sibojyoti Chakrabarty, learned counsel had appeared and stated that he will accept notice on behalf of respondent no. 8 which will be subject to further orders regarding issuance of notice to them.
12. List on 21.01.2026 for further consideration/orders.
13. A copy of this order along with copy of the Original Application and documents attached with the same may be sent by e-mail to the District Magistrate, Hooghly for requisite compliance.
Arun Kumar Tyagi, JM Dr. Prashant Gargava, EM December 11th, 2025 Original Application No.162/2025/EZ AG 8