National Green Tribunal
Md Idris Mallick vs State Of West Bangal on 21 April, 2022
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 48/2022/EZ
In the matter of:
Md. Idris Mallick,
S/o Late Wali Md. Mallick,
Aged about 65 years,
R/o 64/1, Monsa Tala Lane,
3rd Floor, Flat No.3, P.S.-Watganghe,
Kolkata - 700023 ...Applicant(s)
Versus
1. State of West Bengal,
Through Chief Secretary,
Govt. of West Bengal,
Nabanna, (13th Floor), 325, Sarat Chatterjee Road,
Shibpur, Howrah,
Pin - 711102,
2. The additional Chief Secretary,
Department of Environment,
Govt. of West Bengal,
Prani Sampad Bhawan, Block (5th Floor) LB-II,
Salt Lake, Sector-III, Bidhannagar,
Kolkata - 700098,
3. Secretary,
Ministry of Environment, Forests and Climate Change,
Govt. of India,
Indira Paryavaran Bhawn, Jorbagh Road,
New Delhi - 110003,
4. Member Secretary,
Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi - 100032,
5. Member Secretary,
West Bengal Pollution Control Board,
Paribesh Bhawan, Salt Lake, Sector-III,
Kolkata - 700106,
6. The Municipal Commissioner, Kolkata Municipal Corporation,
5, S.N. Banerjee Road,
Kolkata - 700013,
7. Commissioner of Police, Kolkata Police,
Lalbazar, 18, Lalbazar Street,
Kolkata - 700001,
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8. Dy. Commissioner of Police,
Port Division-I, Dumayune Avenue,
Kolkata - 700043,
9. Officer-in-Charge, Rajabagan Police Station,
T-250 Garden Reach Road, Kolkata,
Pin - 700044,
10. District Magistrate, South 24 Parganas,
New Administrative Building, Alipore,
Kolkata - 700027,
...Respondent(s)
Date of hearing: 21.04.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Bikas Kargupta, Advocate a/w
Ms. Debanjana Ray Chaudhuri, Advocate
ORDER
1. Heard Mr. Bikas Kargupta, learned Counsel assisted by Ms. Debanjana Ray Chaudhuri, learned Counsel appearing for the Applicant.
2. This Original Application has been filed by the Applicant, seeking a direction to the State Authorities as well as the West Bengal Pollution Control Board and the Kolkata Municipal Corporation to enforce the order of the National Green Tribunal, Principal Bench, New Delhi, dated 17.11.2014 passed in Civil Writ Petition No. 3727 of 1985 along with the Original Application No. 196/2014 (Krishnakant Singh Vs. M/s Hindustan Coca Cola Beverages Pvt. Ltd., Mehdiganj Rajatalab, Varanasi) and other connected Original Applications. It is further prayed that the slaughter houses be demolished as they are causing pollution to the water of Hooghly river and also raising stink and stench causing air pollution. The Applicant is one of the owners of Metiaburuj Slaughter House Family business since 1912 set-up in the Premises No. Q-605, 2 Slaughter House Road, KMC Ward No.-139, P.S. Rajabagan, Kolkata - 700024, comprising of about 72 Cottahs of land of which the Applicant is the owner of 48 Cottahs and the balance 24 Cottahs is stated to be owned by other co-owners. It is stated that the slaughter house is located at Mouza-Garden Reach Sheet No. 87, J.L. No. 687, Police Station as per the Record of Rights Metiaburuj, Presently Rajabagan, L.R. Dag Nos. 110, 111, 112, 113, 116, 119, 127 & 167, measuring total area of about 72 Cottahs.
3. Reference has been made to the directions given by the Hon'ble Supreme Court in (2015) 12 SCC 764 (M.C. Mehta Vs. Union of India & Ors.), where a reference is made to highly polluting industrial units of which 'Slaughter House' has been referred to as being one of them.
4. The Hon'ble Supreme Court while disposing of the Civil Writ Petition No. 3727 of 1985, observed that since the National Green Tribunal has been established under the National Green Tribunal Act, 2010, the Tribunal has the power to take stock of the situation and pass necessary orders on the subject and thereafter a direction was issued for the Tribunal to look into the relevant aspects and to pass appropriate directions against those found to be violating the law and the matter was referred to the National Green Tribunal.
5. The matter was taken up before the National Green Tribunal, Principal Bench, New Delhi, and the Tribunal noted that the industries in the States carrying on activities of Tannery, Paper and Pulp, Sugar stand alone, Sugar-cum-Distillery, Dyeing, Printing and Slaughter Houses are highly polluting units. The Tribunal, 3 therefore, gave directions vide its order dated 17.11.2014 which are being reproduced herein below:-
"12. All industries in these States, carrying on the activities of Tannery, Paper and Pulp, Sugar stand alone, Sugar-cum- Distillery, Dyeing, Printing and Slaughter Houses, which are;
(a) Discharging their untreated industrial/trade effluents directly or indirectly into the River Ganga and/or any of its tributaries;
(b) Operating without consent of the concerned Boards; and
(c) Have not installed any ETP or any requisite pollution control devices;
Shall be directed to stop their business/industrial activity forthwith and not permitted to operate, in any manner whatsoever, except with the specific order of this Tribunal which shall be complied with without delay and default. If necessary, the Committees, Boards and all other concerned authorities shall seal the premises of such units. The police authorities are hereby directed to provide the required held pt the concerned Committees for implementation of this order.
The units so closed, shall be at liberty to move the Central/State Pollution Control Boards, for obtaining consent within two weeks from today. if such application is filed, the same shall be dealt with expeditiously and the consent order should be declined and/or issued with such conditions as the concerned Board may deem fit and proper in the facts of the case. The concerned industry shall install ETP or such anti-pollution devices as may be directed by these Boards, in order to ensure that the effluents discharged by it, is within the prescribed limits. After grant of such consent by the Board, the concerned unit can restart its operation in accordance with law."
6. We are informed by the learned Counsel for the Applicant that the Civil Writ Petition No. 3727 of 1985 including Original Application No. 196/2014 and other connected Original Applications have been 4 finally disposed of by the Principal Bench, New Delhi, vide its judgment dated 15.12.2015.
7. It is also informed by the learned Counsel for the Applicant that the Applicant was also operating a slaughter house which was closed down by the West Bengal Pollution Control Board vide its closure order dated 31.12.2014, copy of which has been filed as Annexure A-2 (page no.47 of the paper book). It is also stated that an area measuring 0.6000 decimal (approximately 36 kottahs) located at Dag No. 111 is presently being used as a slaughter house though it was a water body but now it is being used as a dumping ground for waste matter extracted after slaughter of animals. It is also stated that illegal slaughtering is still continuing in the area.
8. In para 12 of the Original Application, it is stated that even after the closure order was passed by the National Green Tribunal, slaughtering was still continuing in the area by some other persons after dispossession of the Applicant from the land in question whose names are given in para 12 of the Original Application which are as under:-
(i) Md. Zakaria (JK),
(ii) Hazi Md. Mushtaque Qurashi,
(iii) Abdul Hafiz Qurashi,
(iv) Niyaz Ahmad,
(v) Md. Washid Qurashi,
(vi) Sajjad Quarashi,
(vii) Md. Muslim,
(viii) Ballu Kalia,
(ix) Rajjan Qurashi,
(x) Akram Qurashi,
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(xi) Siraj Ahmed,
(xii) Moti Qurashi,
(xiii) Md. Kallu (Rajasaheb),
(xiv) Md. Salim Qurashi & others.
9. There is also a reference made to a Writ Petition 28776(W) of 2015 (Md. Idris Mallick & Ors. Vs. The State of West Bengal & Ors.), in which an order was passed by the Hon'ble Calcutta High Court on 18.07.2016 directing the West Bengal Pollution Control Board to restrain the petitioners therein or anybody representing him from allowing any animal to be slaughtered on any plot of land belonging to him (petitioner) in the vicinity. Kolkata Municipal Corporation was also directed to maintain a strict vigil to ensure that the order of closure is not flouted. Relevant extract of the Hon'ble High Court order dated 18.07.2016 reads as under:-
"The Chief Valuer and Surveyor, Kolkata Municipal Corporation, i.e. the respondent no.2 herein is directed to file a report in the form of an affidavit on the next date of hearing in response to the allegations made by the petitioners. The report shall specifically disclose whether any vacant plot of land belonging to the petitioners is sought to be taken by the Corporation for installation of Effluent Treatment Plant. In the meantime, pursuant to the order passed by the West Bengal Pollution Control Board in compliance with the direction given by the National Green Tribunal, Principal Bench, New Delhi the concerned slaughtered house appearing at serial number 9 of Annexure P/4 to the writ petition, shall remain closed and shall not be re-started without the leave of the Court. This order of closure shall also restrain the petitioners or anybody representing him from allowing any animal to be slaughtered on any plot of land belonging to him in the vicinity."
10. The submission of the learned Counsel for the Applicant is that in spite of the order of closure issued by the West Bengal Pollution 6 Control Board as well as the order of the Hon'ble Calcutta High Court and the National Green Tribunal, the business of slaughter house is being carried on on the plot of the petitioner and in the vicinity by certain unauthorized persons including the persons whose names are mentioned in para 12 of the Original Application.
11. In para 16 of the Original Application it is mentioned that certain FIRs against some persons have been lodged but in spite of the same, the business of illegal slaughtering is going on in the area which is causing extreme pollution to the river Hooghly as well as the surrounding area due to discharge of untreated blood of slaughtered animals and waste materials being drained into the river Hooghly and also the pond situated at Dag No. 111.
12. Certain allegations have also been made in para 20 of the Original Application which read as under:-
"20. That the applicant most humbly and respectfully states that even though the applicant has stopped slaughtering, however as on date all the trespassers/illegal encroachers and the unauthorized butchers who had forcibly entered into his slaughter house after the closure order being passed, are flouting all orders and still carrying on with the illegal activity of slaughtering with the due authorization of the Veterinary Doctors duly appointed by the Kolkata Municipal Corporation, on the Application for Certificate for slaughtering of Animals, West Bengal in Form-1 passed under Animal Slaughter Control Act, 1950 and under Rule 4 of the West Bengal Animal Slaughter Control Rules, 1950 without installing any ETP till date thereby causing a serious environmental pollution threat including water pollution and air pollution by discharging/draining the blood of the slaughtered animals directly into the river Hooghly through untreated drains and also to the pond in Dag No. 111 whose classification has been changed from water body to a dumping ground of the waste material generated during the course of slaughtering the animals. The applicant in order to corroborate the above 7 mentioned fact, most humbly and respectfully is filing certain photographs of the slaughter house, with current dates, of the applicant who had been dispossessed by the unauthorized butchers with the assistance of the antisocial local muscle men where slaughtering activities are still being carried on in gross violation of all the orders passed by the Hon'ble Supreme Court, Hon'ble Calcutta High Court and the Hon'ble National Green Tribunal, Principal Bench in broad day light under nose of the Statutory authorities including the West Bengal Pollution Control Board."
13. Considering the nature of the allegations made in the Original Application, we deem it appropriate that the matter should be examined by the West Bengal Pollution Control Board for implementation of the orders of the Hon'ble Principal Bench, New Delhi viz., 17.11.2014 and the order of the Hon'ble Calcutta High Court dated 18.07.2016 and to ensure that no illegal slaughter house should operate in the area in question and all environmental norms are strictly followed.
14. If the West Bengal Pollution Control Board finds that environmental norms are being violated by any of the slaughter houses or the persons are involved in the business of slaughter house or carrying individual business of slaughtering animals in violation of environmental norms, due action shall be taken by the West Bengal Pollution Control Board in accordance with law.
15. Needless to say that the Pollution Control Board has been created as a Regulatory Body under the Water (Prevention and Control of Pollution) Act, 1974 and, therefore, it is the duty of the Board to ensure compliance of the environmental norms and take appropriate action against the violators following the due process of law. An action taken report in this regard shall be filed by the West Bengal Pollution Control by 01.08.2022.
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16. With the aforesaid directions, the Original Application No. 48/2022/EZ is accordingly disposed of.
17. There shall be no order as to costs.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM April 21, 2022, Original Application No. 48/2022/EZ AK 9