National Green Tribunal
Satyajit Ghosh vs State Of West Bengal on 8 August, 2025
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.64/2025/EZ
Satyajit Ghosh Applicant(s)
Versus
State of West Bengal Respondent(s)
Date of hearing : 08.08.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Mr. Rajib Ray, Adv. for R-1 & 2 (in Virtual Mode),
Mr. Sibojyoti Chakrabarti, Adv. for R-5,
Mr. Ghanshyam Pandey, Adv. for R-4 (in Virtual Mode)
ORDER
1. Case called out. No one is present on behalf of the Applicant.
2. Affidavit dated 07.08.2025 has been filed on behalf of the Respondent No.2 (wrongly mentioned as Respondent No.5), the District Land and Land Reforms Officer ; the same is taken on record. Action Taken Report shall be filed by the Respondent No.5 within four weeks.
3. Mr. Ghanshyam Pandey, learned Counsel files Vakalatnama on behalf of the Respondent No.4, West Bengal Pollution Control Board ; the same is taken on record.
4. Heard Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.1 and 2, State Respondents, Government of West Bengal ; Mr. Sibojyoti Chakrabarti, learned Counsel appearing for the Respondent No.5, the District Land & Land Reforms Officer and Mr. Ghanshyam Pandey, learned Counsel appearing (in Virtual 1 Mode) on behalf of the Respondent No.4, West Bengal Pollution Control Board.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
..................................... B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
August 08, 2025,
Original Application No.64/2025/EZ
SKB
2
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.64/2025/EZ In the matter of:
Satyajit Ghosh Son of Lae Avijit Ghosh R/o - Ramksirhna Pur, Maheshtala, P.S. - Maheshtala, Kolkata - 700139 .... Applicant(s) Versus
1. Department of Environment Government of West Bengal Through the Principal Secretary
2. District Magistrate South 24 Parganas, Alipore West Bengal
3. Maheshtala Municipality Through its Chairman Jagtala, Batanagar, Maheshtala, Near Nangi Railway Station, (South Section, Budge Budge), South 24 Parganas - 700141
4. West Bengal Pollution Control Board Through its Member Secretary
5. The District Land & Land Reforms Officer (D.L.R.O.), Alipore, Kolkata .... Respondent(s) Date of hearing : 08.08.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Rajib Ray, Adv. for R-1 & 2 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-5, Mr. Ghanshyam Pandey, Adv. for R-4 (in Virtual Mode) ORDER
1. This Original Application was registered on the basis of a letter petition dated 25.03.2025 filed by the Applicant, Satyajit Ghosh, 3 son of Late Avijit Ghosh, resident of Ramkrishna Pur, Maheshtala, PS- Maheshtala, alleging that illegal filling of ponds, unauthorized cutting of trees and indiscriminate dumping of construction debris is going on in Alampur Mouza, Maheshtala Municipality, Ward No. 10, near Ujjwal Sangha Club, under Rabindranagar, P.S.- Kolkata -
700 066.
2. It is alleged that large number of vehicles are transporting and dumping construction debris including hazardous waste into the ponds to facilitate land filing.
3. It is stated that a complaint was also lodged with the Maheshtala Municipality prompting an official inspection, issuance of a notice to cease operations, and there was temporary suspension of illegal activities but the illegal activities have again resumed and are now being carried out in the night time to avoid detection and legal action.
4. Considering the allegations made, this Tribunal constituted a Fact Finding Committee comprising of the following Members:-
i. District Magistrate, Alipore, District- South 24 Parganas, or his representative not below the rank of Additional District Magistrate (ADM);
ii. District Land & Land Reforms Officer (D.L.R.O.), Alipore, Kolkata or his representative;
iii. Maheshtala Municipality, through its Chairman or his representative; and iv. Senior Scientist, West Bengal Pollution Control Board (WBPCB) 4 The Committee was directed to visit the site in question and submit a Fact Finding Report on affidavit with regard to the allegations made in the Original Application.
5. The Respondent No.2, District Magistrate and Collector, South 24 Parganas wrongly mentioned as Respondent No.5 has filed affidavit bringing on record the Field Inspection Report which reads as under :-
"Minutes of Field Inspection caused by Fact Finding Committee in compliance to the solemn order Passed by Hon'ble National Green Tribunal dated 09.04.2025 in the matter of Satyajit Ghosh Vs. The State of West Bengal bearing O.A Case No.64/2025/EZ
1. In compliance with the solemn order of Hon'ble National Green Tribunal, Eastern Zone Bench dated 09.04.2025, in the matter of Satyajit Ghosh Vs. The State of West Bengal bearing O.A. Case No.64/2025/EZ in which the Hon'ble Court has directed, "13. Considering the allegations made, we deem it appropriate to constitute a Fact Finding Committee comprising of the following Members:-
i. District Magistrate, Alipore, District South 24 parganas, or his representative not below the rank of Additional District Magistrate (ADM); ii. District Land & Land Reforms Officer (D.L.&L.R.O.), Alipore, Kolkata or his representative;
iii. Maheshtala Municipality, through its Chairman or his representative, and iv. Senior Scientist, West Bengal Pollution Control Board (WBPCB)
14. The Committee shall visit the site in question and thereafter submit a Fact Finding Report on affidavit within four weeks with regard to the allegations made in the Original Application.
15. The District Magistrate, District - Kolkata shall be the Nodal Office for all logistic purposes and for filing the Fact Finding Report on affidavit."5
2. To comply with the direction of the Hon'ble Tribunal as mentioned above, the date of enquiry has been fixed on 13 th June, 2025 at 12:00 noon.
3. On the date of inspection, following officials were present at the subject land, i. Mr. Saddam Navas, IAS, Additional District Magistrate and District Land and Land Reforms Officer, South 24 Parganas as himself and as a representative of District Magistrate, South 24 Parganas ii. Mr. Niranjan Mondal, Assistant Environmental Engineer in-charge, Alipore Regional Office, WBPCB, and iii. Mr. Subhendu Das, Assistant Engineer Maheshtala Municipality as representative of the Chairman, Maheshtala Municipality.
4. The B.L. & L.R.O Thakurpukur-Maheshtala Block and his team were also present during the visit of the Fact finding Committee.
5. The Fact Finding Committee has observed the following :
a) The land is low in comparison to the adjacent road level and the subject land is partially submerged under water and is covered with water - hyacinth and other aquatic plant.
b) The area is bounded by bamboo and most of the portions of the plots are filled with rubbish/debris.
c) One number water sample and two number solid samples were collected from submerged area (analysis report enclosed). As such, no residual heavy metal was found in the sample. It is basically a construction and demolition waste, may be disposed safely through Construction and Demolition Waste Management Facility at HIDCO, New Town or as per facility available to Maheshtala Municipality.
6. The Committee has instructed the B.L.&L.R.O Thakurpukur-
Maheshtala Block to furnish a comprehensive report that he sent on 16.06.2025 bearing memo no.1048/BL&LRO/TM/25, in which he has acknowledged the observations of the committee during field verification of the subject land and submitted that the subject land comprising of R.S. & L.R. Plot 6 nos.203/345 and 205 of Mouza-Alampur, J.L 205 are recorded as 'Shali' in both the R.S and Computerized L.R record with an area of 0.65 acre and 1.04 acres respectively. Though the said land is recorded as 'Shali' but physically, it was a water body as reported by Maheshtala Municipality.
7. In the light of the above-mentioned facts and the notification issued by Department of Fisheries, Aquaculture, Aquatic Resources and Fishing Harbour, Government of West Bengal bearing no.1748-Fish/C-I/9R-03/2017 dated 20.07.2017 the Executive Officer of Maheshtala Municipality is the Competent Authority for taking appropriate action against illegal filling up of water body. Hence the District Magistrate, South 24 Parganas being nodal officer of Fact-Finding Committee has sought an Action Taken Report from Executive Officer of Maheshtala Municipality bearing memo no. 66/449/NGT/OA64/2025 dated 18.06.2025 u/s 17A of West Bengal Inland Fisheries Act, 1984.
8. In response to that letter, the Executive Officer, Maheshtala Municipality has submitted the action taken report (ATR) vide memo no. 277/III-B/MM/4/W-10/2025 dated 24.06.2025 to this end, wherein he has submitted that, A. The Municipality has first addressed the allegation by causing an inspection on 04.03.2025 by the Building Section of Maheshtala Municipality and lodged a FIR at Rabindranagar P.S on 06.03.2025 vide memo no.1058/III-B/MM/4/W-10/1025 requesting a strict action against the illegal pond filling activity in L.R. Plot No.205, Mouza Alampur, J.L No.05.
B. After that, a Notice has been issued by the Chairman, Maheshtala Municipality on 07.03.2025 bearing memo no. 1063/III-B/MM/BLDG/W-
10/2024-2025 with a direction to stop the filling of water body as a violation of environmental regulations and the same has also instructed to restore the subject land to its previous condition within 15 days.
C. The Municipality has made public display with the help of poster and display board to aware the public to stop any violation of environmental regulations in future.
7
D. The recorded owner/heir of the recorded owner of said land has been summoned to be present in the hearing held during Meeting of the Board of Councillors on 28.03.2025 and ordered to remove rubbish/debris from said water body.
E. The Chairman has issued a reminder letter to the owner to remove the rubbish/debris from said water body of that land on 19.06.2025 after the visit of Fact Finding Committee.
F. At present the Maheshtala Municipality has already initiated a tender to remove the debris from the water body to restore it to its previous condition.
9. In the light of aforementioned facts and observations it can be concluded that the matter of illegal filling up of water body at the alleged land situated near Ujjal Sangha club under Ward No.10 of Maheshtala Municipality has been addressed by the Municipality with utmost sincerety."
6. An Action Taken Report has also been filed on behalf of the Respondent No.2 (wrongly mentioned as Respondent No.5), District Magistrate & Collector, South 24 Parganas dated 07.08.2025.
7. Perusal of the Inspection Report shows that the land in question is recorded as 'Shali' comprising R.S. and L.R. Plot No.203/345 and 205 of Mouza Alampur, J.L. No.205 are recorded as 'Shali' in both the R.S. and computerized L.R. record having an area of 0.65 acres and 1.04 acre respectively.
8. It is also stated that though the land is recorded as 'Shali' but physically it was a waterbody as reported by the Maheshtala Municipality. It is stated that the Executive Officer, Maheshtala Municipality is the competent authority for taking action against filling up of the waterbody. It is also stated that First Information Report ('FIR' for short) has been lodged at the Rabindra Nagar Police Station by the Municipality on 06.03.2025 against the illegal 8 filling up of the pond situate on L.R. Plot No.205, Mouza - Alampur, J.L. No.05. It is stated that a notice has also been issued by the Chairman, Maheshtala Municipality dated 07.03.2025 with a direction to stop the filling of the waterbody and a Display Board has already been put up for public awareness. It is further stated that the recorded owner/heir of the recorded owner of the said land has been summoned to be present at a hearing held during the meeting of the Board of Councillors on 28.03.2025 and have been ordered to remove rubbish and debris from the said waterbody and a further reminder has been issued to the land owners on 19.06.2025.
9. Along with the affidavit, a letter dated 16.06.2025 of Block Land and Land Reforms Officer, Thakurpukur Maheshtala Block, South 24 Parganas has been filed mentioning that the land in question is classified as 'Shali' i.e. 'agricultural' land measuring a total area of 0.65 acres and the same is recorded in the name of one Narendra Kumar Dutta and Sefali Dutta having L.R. Khatian No.515 and 1861 respectively. The Report of the Block Land and Land Reforms Officer further mentions that from Field Verification it is seen that the land is lower as compared to the road level ; there is water found partially over the plot and water hyacinth along with other aquatic plants are growing over the area ; the area is bounded by bamboo and most of the portion of the plot have already been filled with rubbish and debris though some portion of water still exists and some coconut trees have also been found over the area. The letter of the Block Land and Land Reforms Officer dated 16.06.2025 reads as under :
9
"Memo No. 1048/BL&LRO/TM/25 Dated: 16.06.2025 To The Additional District Magistrate and District Land & Land Reforms Officer, South 24 Parganas, Alipore-27 Sub: Regarding field verification report in presence of Fact finding Committee in respect of solemn order passed on 09.04.2025 of Hon'ble National Green Tribunal in the matter of Satyajit Ghosh -vs- State of West Bengal bearing case no. OA 64/2025/EZ.
Ref: Your Good Office Memo No. 66/4201(2)/NGT/OA/64 Dated 09.06.2025.
Sir, Apropos the subject, a joint physical field verification was conducted on 13.06.2025 in presence of Fact Finding Committee constituted by the solemn order passed on 09.04.2025 of Hon'ble National Green Tribunal in the matter of Satyajit Ghosh -vs- State of West Bengal bearing case no. OA 64/2025/EZ. The available office records and field verification report mentioned below:
1) The subject land has been identified by the Revenue Inspectors concerned through mouza map and it appears that the subject land is situated over L.R Plot No.203/345 & 205 of Mouza-
Alampur, JL No.205
2) As per present computerized record shows that LR Plot No.203/345 corresponding RS Plot No.203/345 classified as Shali measuring total area of 0.65 acre found recorded in the name of different persons and LR Plot No.203/345 corresponding RS Plot No.203/345 classified as Shali i.e. agricultural land measuring total area of 0.65 acre found recorded in the name of different persons. It also appears from the present record tha subject portion of land is found recorded against Narendra Kumar Dutta and Sefali Dutta having LR Khatian No.515 and 1861 respectively.
3) From firld verification it appears that land is low as compared to road level. There is water found partially over these plot. There are water - hyacinth along with other aquatic plants found over this water area. The area is bounded by the bamboo and most of the portion of these plots have already been filled with rubbish / debris. Some portion of water is still existed. There are 2/3 halves fragmented coconut trees found over these plot. In view of the above it can be said that present water area has partially been filled.
In this circumstances, in consultation with notification no. 1748-Fish/C-I/9R-B3/2017, Dated: 20.07.2017 as the present land 10 is under jurisdiction of Maheshtala Municipality, Executive Officer of Municipality is appropriate authority to deal this matter within respective jurisdiction.
Hence the matter is placed before you for information and necessary action.
Enclo: 1 LR ROR Assistant Director & Block Land & Land Reforms Officer Thakurpukur Maheshtala Block South 24 Parganas"
10. An affidavit showing action taken in pursuance of the Report mentions that a tender has been issued to restore the pond on 26.06.2025 but due to non participation, the tender could not mature and second tender has been issued on 06.08.2025.
11. Documents have been filed with this affidavit along with photographs showing cleaning of the land in question.
12. This Original Application was registered on the basis of a letter petition filed by the Applicant. The Applicant was issued notice on 09.04.2025 to participate in the proceedings but he was not present on 07.07.2025. He is not present today also.
13. From the documents on record, the fact that the land is covered with rubbish and debris is established. However, it is the admitted case of the Respondent No.5 as well as of the Maheshtala Municipality through their letter that the land in question is recorded in the Revenue records as 'Shali' meaning 'Agricultural' land and therefore, the same is not a waterbody. It has been suggested by the Block Land and Land Reforms Officer that since the land is low lying compared to road level, therefore, it has become filled with water.
14. We can expect the land to have been filled with more water during the current monsoon season but merely because it is filled with 11 seasonal water does not imply that the land is a waterbody unless it is classified as such in the Revenue Records.
15. The land appears to be private land recorded in the name of Narendra Kumar Dutta and Sefali Dutta as would be clear from the letter dated 16.06.2025 of Block Land and Land Reforms Officer, Thakurpukur-Maheshtala Block. They are not impleaded in the present Original Application as Respondents.
16. Ordinarily, this Court would have directed Narendra Kumar Dutta and Sefali Dutta to be impleaded in the present proceedings as Respondents, however, considering that the land in question is not a waterbody, we are not inclined to pass any such orders since no adverse directions are being issued against the said Narendra Kumar Dutta and Sefali Dutta.
17. However, on a note of caution, we direct the Respondent No.2, District Magistrate, South 24 Parganas as well as the Respondent No.5, District Land and Land Reforms Officer, Alipore, Kolkata as well as the Respondent No.4, Maheshtala Municipality to ensure that debris and rubbish is removed from the said land within two months but at the same time, the character of the land shall not be changed into 'Pukur' or waterbody, by any other name called, without the consent of the recorded land holder Narendra Kumar Dutta and Sefali Dutta and without following the procedure as prescribed in the West Bengal Land Reforms Act 1955 for reclassification, if the record holders are agreeable to change of land.
18. At the cost of repetition, we may point out that the land in question is admitted by the Respondents to be recorded in the Revenue Record as 'Shali' meaning thereby it is 'Agricultural' land and it is 12 not the case of the Respondents that the land has ever been recorded as 'Doba' or 'Pukur' or waterbody by any other name called. Merely because the land is low lying land and filled with water leading to growth of water hyacinth and other water borne plants does not convert the nature of the land from 'Agricultural' land to 'waterbody'.
19. On this note of caution, we dispose of this Original Application.
20. I.As, if any, stand disposed of accordingly.
21. There shall be no order as to costs.
Sd/-
..................................... B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
August 08, 2025,
Original Application No.64/2025/EZ
SKB
13
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.64/2025/EZ Satyajit Ghosh Applicant(s) Versus State of West Bengal Respondent(s) Date of hearing : 08.08.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Rajib Ray, Adv. for R-1 & 2 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-5, Mr. Ghanshyam Pandey, Adv. for R-4 (in Virtual Mode) ORDER
1. Case called out. No one is present on behalf of the Applicant.
2. Affidavit dated 07.08.2025 has been filed on behalf of the Respondent No.2 (wrongly mentioned as Respondent No.5), the District Land and Land Reforms Officer ; the same is taken on record. Action Taken Report shall be filed by the Respondent No.5 within four weeks.
3. Mr. Ghanshyam Pandey, learned Counsel files Vakalatnama on behalf of the Respondent No.4, West Bengal Pollution Control Board ; the same is taken on record.
4. Heard Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.1 and 2, State Respondents, Government of West Bengal ; Mr. Sibojyoti Chakrabarti, learned Counsel appearing for the Respondent No.5, the District Land & Land Reforms Officer and Mr. Ghanshyam Pandey, learned Counsel appearing (in Virtual 14 Mode) on behalf of the Respondent No.4, West Bengal Pollution Control Board.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
..................................... B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
August 08, 2025,
Original Application No.64/2025/EZ
SKB
15
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.64/2025/EZ In the matter of:
Satyajit Ghosh Son of Lae Avijit Ghosh R/o - Ramksirhna Pur, Maheshtala, P.S. - Maheshtala, Kolkata - 700139 .... Applicant(s) Versus
1. Department of Environment Government of West Bengal Through the Principal Secretary
2. District Magistrate South 24 Parganas, Alipore West Bengal
3. Maheshtala Municipality Through its Chairman Jagtala, Batanagar, Maheshtala, Near Nangi Railway Station, (South Section, Budge Budge), South 24 Parganas - 700141
4. West Bengal Pollution Control Board Through its Member Secretary
5. The District Land & Land Reforms Officer (D.L.R.O.), Alipore, Kolkata .... Respondent(s) Date of hearing : 08.08.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Rajib Ray, Adv. for R-1 & 2 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-5, Mr. Ghanshyam Pandey, Adv. for R-4 (in Virtual Mode) ORDER
1. This Original Application was registered on the basis of a letter petition dated 25.03.2025 filed by the Applicant, Satyajit Ghosh, 16 son of Late Avijit Ghosh, resident of Ramkrishna Pur, Maheshtala, PS- Maheshtala, alleging that illegal filling of ponds, unauthorized cutting of trees and indiscriminate dumping of construction debris is going on in Alampur Mouza, Maheshtala Municipality, Ward No. 10, near Ujjwal Sangha Club, under Rabindranagar, P.S.- Kolkata -
700 066.
2. It is alleged that large number of vehicles are transporting and dumping construction debris including hazardous waste into the ponds to facilitate land filing.
3. It is stated that a complaint was also lodged with the Maheshtala Municipality prompting an official inspection, issuance of a notice to cease operations, and there was temporary suspension of illegal activities but the illegal activities have again resumed and are now being carried out in the night time to avoid detection and legal action.
4. Considering the allegations made, this Tribunal constituted a Fact Finding Committee comprising of the following Members:-
i. District Magistrate, Alipore, District- South 24 Parganas, or his representative not below the rank of Additional District Magistrate (ADM);
ii. District Land & Land Reforms Officer (D.L.R.O.), Alipore, Kolkata or his representative;
iii. Maheshtala Municipality, through its Chairman or his representative; and iv. Senior Scientist, West Bengal Pollution Control Board (WBPCB) 17 The Committee was directed to visit the site in question and submit a Fact Finding Report on affidavit with regard to the allegations made in the Original Application.
5. The Respondent No.2, District Magistrate and Collector, South 24 Parganas wrongly mentioned as Respondent No.5 has filed affidavit bringing on record the Field Inspection Report which reads as under :-
"Minutes of Field Inspection caused by Fact Finding Committee in compliance to the solemn order Passed by Hon'ble National Green Tribunal dated 09.04.2025 in the matter of Satyajit Ghosh Vs. The State of West Bengal bearing O.A Case No.64/2025/EZ
1. In compliance with the solemn order of Hon'ble National Green Tribunal, Eastern Zone Bench dated 09.04.2025, in the matter of Satyajit Ghosh Vs. The State of West Bengal bearing O.A. Case No.64/2025/EZ in which the Hon'ble Court has directed, "13. Considering the allegations made, we deem it appropriate to constitute a Fact Finding Committee comprising of the following Members:-
i. District Magistrate, Alipore, District South 24 parganas, or his representative not below the rank of Additional District Magistrate (ADM); ii. District Land & Land Reforms Officer (D.L.&L.R.O.), Alipore, Kolkata or his representative;
iii. Maheshtala Municipality, through its Chairman or his representative, and iv. Senior Scientist, West Bengal Pollution Control Board (WBPCB)
14. The Committee shall visit the site in question and thereafter submit a Fact Finding Report on affidavit within four weeks with regard to the allegations made in the Original Application.
15. The District Magistrate, District - Kolkata shall be the Nodal Office for all logistic purposes and for filing the Fact Finding Report on affidavit."18
2. To comply with the direction of the Hon'ble Tribunal as mentioned above, the date of enquiry has been fixed on 13 th June, 2025 at 12:00 noon.
3. On the date of inspection, following officials were present at the subject land, i. Mr. Saddam Navas, IAS, Additional District Magistrate and District Land and Land Reforms Officer, South 24 Parganas as himself and as a representative of District Magistrate, South 24 Parganas ii. Mr. Niranjan Mondal, Assistant Environmental Engineer in-charge, Alipore Regional Office, WBPCB, and iii. Mr. Subhendu Das, Assistant Engineer Maheshtala Municipality as representative of the Chairman, Maheshtala Municipality.
4. The B.L. & L.R.O Thakurpukur-Maheshtala Block and his team were also present during the visit of the Fact finding Committee.
5. The Fact Finding Committee has observed the following :
a) The land is low in comparison to the adjacent road level and the subject land is partially submerged under water and is covered with water - hyacinth and other aquatic plant.
b) The area is bounded by bamboo and most of the portions of the plots are filled with rubbish/debris.
c) One number water sample and two number solid samples were collected from submerged area (analysis report enclosed). As such, no residual heavy metal was found in the sample. It is basically a construction and demolition waste, may be disposed safely through Construction and Demolition Waste Management Facility at HIDCO, New Town or as per facility available to Maheshtala Municipality.
6. The Committee has instructed the B.L.&L.R.O Thakurpukur-
Maheshtala Block to furnish a comprehensive report that he sent on 16.06.2025 bearing memo no.1048/BL&LRO/TM/25, in which he has acknowledged the observations of the committee during field verification of the subject land and submitted that the subject land comprising of R.S. & L.R. Plot 19 nos.203/345 and 205 of Mouza-Alampur, J.L 205 are recorded as 'Shali' in both the R.S and Computerized L.R record with an area of 0.65 acre and 1.04 acres respectively. Though the said land is recorded as 'Shali' but physically, it was a water body as reported by Maheshtala Municipality.
7. In the light of the above-mentioned facts and the notification issued by Department of Fisheries, Aquaculture, Aquatic Resources and Fishing Harbour, Government of West Bengal bearing no.1748-Fish/C-I/9R-03/2017 dated 20.07.2017 the Executive Officer of Maheshtala Municipality is the Competent Authority for taking appropriate action against illegal filling up of water body. Hence the District Magistrate, South 24 Parganas being nodal officer of Fact-Finding Committee has sought an Action Taken Report from Executive Officer of Maheshtala Municipality bearing memo no. 66/449/NGT/OA64/2025 dated 18.06.2025 u/s 17A of West Bengal Inland Fisheries Act, 1984.
8. In response to that letter, the Executive Officer, Maheshtala Municipality has submitted the action taken report (ATR) vide memo no. 277/III-B/MM/4/W-10/2025 dated 24.06.2025 to this end, wherein he has submitted that, A. The Municipality has first addressed the allegation by causing an inspection on 04.03.2025 by the Building Section of Maheshtala Municipality and lodged a FIR at Rabindranagar P.S on 06.03.2025 vide memo no.1058/III-B/MM/4/W-10/1025 requesting a strict action against the illegal pond filling activity in L.R. Plot No.205, Mouza Alampur, J.L No.05.
B. After that, a Notice has been issued by the Chairman, Maheshtala Municipality on 07.03.2025 bearing memo no. 1063/III-B/MM/BLDG/W-
10/2024-2025 with a direction to stop the filling of water body as a violation of environmental regulations and the same has also instructed to restore the subject land to its previous condition within 15 days.
C. The Municipality has made public display with the help of poster and display board to aware the public to stop any violation of environmental regulations in future.
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D. The recorded owner/heir of the recorded owner of said land has been summoned to be present in the hearing held during Meeting of the Board of Councillors on 28.03.2025 and ordered to remove rubbish/debris from said water body.
E. The Chairman has issued a reminder letter to the owner to remove the rubbish/debris from said water body of that land on 19.06.2025 after the visit of Fact Finding Committee.
F. At present the Maheshtala Municipality has already initiated a tender to remove the debris from the water body to restore it to its previous condition.
9. In the light of aforementioned facts and observations it can be concluded that the matter of illegal filling up of water body at the alleged land situated near Ujjal Sangha club under Ward No.10 of Maheshtala Municipality has been addressed by the Municipality with utmost sincerety."
6. An Action Taken Report has also been filed on behalf of the Respondent No.2 (wrongly mentioned as Respondent No.5), District Magistrate & Collector, South 24 Parganas dated 07.08.2025.
7. Perusal of the Inspection Report shows that the land in question is recorded as 'Shali' comprising R.S. and L.R. Plot No.203/345 and 205 of Mouza Alampur, J.L. No.205 are recorded as 'Shali' in both the R.S. and computerized L.R. record having an area of 0.65 acres and 1.04 acre respectively.
8. It is also stated that though the land is recorded as 'Shali' but physically it was a waterbody as reported by the Maheshtala Municipality. It is stated that the Executive Officer, Maheshtala Municipality is the competent authority for taking action against filling up of the waterbody. It is also stated that First Information Report ('FIR' for short) has been lodged at the Rabindra Nagar Police Station by the Municipality on 06.03.2025 against the illegal 21 filling up of the pond situate on L.R. Plot No.205, Mouza - Alampur, J.L. No.05. It is stated that a notice has also been issued by the Chairman, Maheshtala Municipality dated 07.03.2025 with a direction to stop the filling of the waterbody and a Display Board has already been put up for public awareness. It is further stated that the recorded owner/heir of the recorded owner of the said land has been summoned to be present at a hearing held during the meeting of the Board of Councillors on 28.03.2025 and have been ordered to remove rubbish and debris from the said waterbody and a further reminder has been issued to the land owners on 19.06.2025.
9. Along with the affidavit, a letter dated 16.06.2025 of Block Land and Land Reforms Officer, Thakurpukur Maheshtala Block, South 24 Parganas has been filed mentioning that the land in question is classified as 'Shali' i.e. 'agricultural' land measuring a total area of 0.65 acres and the same is recorded in the name of one Narendra Kumar Dutta and Sefali Dutta having L.R. Khatian No.515 and 1861 respectively. The Report of the Block Land and Land Reforms Officer further mentions that from Field Verification it is seen that the land is lower as compared to the road level ; there is water found partially over the plot and water hyacinth along with other aquatic plants are growing over the area ; the area is bounded by bamboo and most of the portion of the plot have already been filled with rubbish and debris though some portion of water still exists and some coconut trees have also been found over the area. The letter of the Block Land and Land Reforms Officer dated 16.06.2025 reads as under :
22
"Memo No. 1048/BL&LRO/TM/25 Dated: 16.06.2025 To The Additional District Magistrate and District Land & Land Reforms Officer, South 24 Parganas, Alipore-27 Sub: Regarding field verification report in presence of Fact finding Committee in respect of solemn order passed on 09.04.2025 of Hon'ble National Green Tribunal in the matter of Satyajit Ghosh -vs- State of West Bengal bearing case no. OA 64/2025/EZ.
Ref: Your Good Office Memo No. 66/4201(2)/NGT/OA/64 Dated 09.06.2025.
Sir, Apropos the subject, a joint physical field verification was conducted on 13.06.2025 in presence of Fact Finding Committee constituted by the solemn order passed on 09.04.2025 of Hon'ble National Green Tribunal in the matter of Satyajit Ghosh -vs- State of West Bengal bearing case no. OA 64/2025/EZ. The available office records and field verification report mentioned below:
1) The subject land has been identified by the Revenue Inspectors concerned through mouza map and it appears that the subject land is situated over L.R Plot No.203/345 & 205 of Mouza-
Alampur, JL No.205
2) As per present computerized record shows that LR Plot No.203/345 corresponding RS Plot No.203/345 classified as Shali measuring total area of 0.65 acre found recorded in the name of different persons and LR Plot No.203/345 corresponding RS Plot No.203/345 classified as Shali i.e. agricultural land measuring total area of 0.65 acre found recorded in the name of different persons. It also appears from the present record tha subject portion of land is found recorded against Narendra Kumar Dutta and Sefali Dutta having LR Khatian No.515 and 1861 respectively.
3) From firld verification it appears that land is low as compared to road level. There is water found partially over these plot. There are water - hyacinth along with other aquatic plants found over this water area. The area is bounded by the bamboo and most of the portion of these plots have already been filled with rubbish / debris. Some portion of water is still existed. There are 2/3 halves fragmented coconut trees found over these plot. In view of the above it can be said that present water area has partially been filled.
In this circumstances, in consultation with notification no. 1748-Fish/C-I/9R-B3/2017, Dated: 20.07.2017 as the present land 23 is under jurisdiction of Maheshtala Municipality, Executive Officer of Municipality is appropriate authority to deal this matter within respective jurisdiction.
Hence the matter is placed before you for information and necessary action.
Enclo: 1 LR ROR Assistant Director & Block Land & Land Reforms Officer Thakurpukur Maheshtala Block South 24 Parganas"
10. An affidavit showing action taken in pursuance of the Report mentions that a tender has been issued to restore the pond on 26.06.2025 but due to non participation, the tender could not mature and second tender has been issued on 06.08.2025.
11. Documents have been filed with this affidavit along with photographs showing cleaning of the land in question.
12. This Original Application was registered on the basis of a letter petition filed by the Applicant. The Applicant was issued notice on 09.04.2025 to participate in the proceedings but he was not present on 07.07.2025. He is not present today also.
13. From the documents on record, the fact that the land is covered with rubbish and debris is established. It has been suggested by the Block Land and Land Reforms Officer that since the land is low lying compared to road level, therefore, it has become filled with water.
14. We can expect the land to have been filled with more water during the current monsoon season but merely because it is filled with seasonal water does not imply that the land is a waterbody unless it is classified as such in the Revenue Records.
15. The land appears to be private land recorded in the name of Narendra Kumar Dutta and Sefali Dutta as would be clear from the letter dated 16.06.2025 of Block Land and Land Reforms Officer, 24 Thakurpukur-Maheshtala Block. They are not impleaded in the present Original Application as Respondents.
16. Ordinarily, this Court would have directed Narendra Kumar Dutta and Sefali Dutta to be impleaded in the present proceedings as Respondents, however, considering that the land in question is not a recorded waterbody, we are not inclined to pass any such orders since no adverse directions are being issued against the said Narendra Kumar Dutta and Sefali Dutta.
17. However, on a note of caution, we direct the Respondent No.2, District Magistrate, South 24 Parganas as well as the Respondent No.5, District Land and Land Reforms Officer, Alipore, Kolkata as well as the Respondent No.4, Maheshtala Municipality to ensure that debris and rubbish is removed from the said land within two months.
18. On this note of caution, we dispose of this Original Application.
19. I.As, if any, stand disposed of accordingly.
20. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM Sd/-
............................................. Dr. Arun Kumar Verma, EM August 08, 2025, Original Application No.64/2025/EZ SKB 25