National Green Tribunal
Sunil Mondal vs Member Secy Wbpcb on 19 May, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 125/2017/EZ
IN THE MATTER OF:
Sunil Mondal,
S/o Late Gangadhar Mondal,
R/o Village-Saloon, P.O.-Saloon,
P.S. Khandkosh, District-Burdwan,
Pin - 713103,
....Applicant(s)
Versus
1. West Bengal Pollution Control Board,
Through Member Secretary,
Paribesh Bhavan, 10A, Block-LA, Salt Lake,
Kolkata - 700098,
2. The Chairman,
West Bengal Pollution Control Board,
Paribesh Bhavan, 10A, Block-LA, Salt Lake,
Kolkata - 700098,
3. The Officer-in-Charge, Burdwan Police Station,
Burdwan - 713101,
4. The General Manager, West Bengal Pollution Control Board,
District Industries Centre, Purba Bhaban, 5th Floor,
Sadarghat, Burdwan,
Pin - 713101,
5. The Chairman, Burdwan Municipality,
G.T. Road, Burdwan,
Pin - 713101,
1
6. Gour Chandra Sen,
Owner of Hotel namely, Jyoti Hotel and Boarding,
B.B. Ghosh Road, Station Bazar,
Burdwan - 713101,
....Respondent(s)
COUNSEL FOR APPLICANT:
None
COUNSEL FOR RESPONDENTS :
Dipanjan Ghosh, Advocate for R-1,
Ms. Malabika Roy Dey, Advocate for R-6,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 5th May, 2022 Pronounce On:-19th May, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant alleging therein that the Respondent No.6, Jyoti Hotel and Boarding, Burdwan, is operating for the last 30 years in a congested area without having any valid licence. This Hotel has 12 rooms for lodging, one kitchen and one hall room used for eating purpose. It 2 is stated that no pollution certificate has been issued in favour of the Respondent No.6 by the General Manager, District Industries Centre, Burdwan. Neither the Consent to Establish nor Consent to Operate has been issued by the West Bengal Pollution Control Board. The Hotel is under 'Green' category as per the list of categories of units issued by the West Bengal Pollution Control Board, copy of which has been filed as Annexure P-3 (page no. 20 of the paper book). It is also alleged that the Environmental Clearance is mandatory followed by Consent to Establish and Consent to Operate in respect of Green category units but the Respondent No.6 does not even have the Environmental Clearance as required under the Ministry of Environment, Forests and Climate Change (MoEF&CC) Environment Impact Assessment Notification dated 14.09.2006. It is stated that Respondent No.6 Hotel having upto 20 rooms without boilers or with electrical and/or gas fired boiler and/or heater and/or oven etc. having less than or equal to 10 KLD waste water generation and only restaurants with capital investment of land, building, plant and machinery upto 30 lakhs is categorized as 'Green' category.
3. Notices were issued to the Respondents in response to which the Respondent No.1, West Bengal Pollution Control Board, has filed an affidavit dated 06.09.2017, stating therein that the Respondent No.6 Hotel was inspected but it could not produce Consent to Establish or Consent to Operate and, therefore, a direction was issued to install suitable Emission Control Systems at all the ovens and to install Effluent Treatment Plant. The Unit was 3 also directed to operate only after satisfactory compliance of the aforesaid directions given under letter dated 05.09.2017 (Annexure- R page no. 58 of the paper book), to the affidavit of the West Bengal Pollution Control Board.
4. The Respondent No.6, in its affidavit dated 10.10.2017 has, however, only stated that though it was called for a hearing by the State Pollution Control Board but no hearing was held. It is also stated that the application for obtaining 'No Objection Certificate' was submitted a number of times but no order has been passed. The application form of Consent to Establish dated 03.05.2017 has also been filed as Annexure-A (page no. 62 of the paper book) to this affidavit.
5. Thereafter an affidavit dated 15.12.2017 has been filed on behalf of the Respondent No.6, stating therein that suitable Emission Control Systems at all ovens and Effluent Treatment Plant had been installed. Photographs have also been filed to that effect along with this affidavit.
6. This Tribunal vide its order dated 12.10.2017 had directed the State Pollution Control Board to identify all the non-compliant Hotels and submit a list along with the names of owners and addresses.
7. In compliance thereof, the West Bengal Pollution Control Board has filed an affidavit dated 18.07.2018 and annexures attached thereto are the record of proceedings held on 03.05.2018 4 in respect of a large number of Hotels in respect of whom various findings have been recorded either that they do not have Consent to Operate or Consent to Establish or Fume Extraction System has not been established at the kitchen or Effluent Treatment Plant has not been installed. List of such Hotels has been filed at page no. 112-114 of the paper book. It is further stated in the affidavit that the Board after inspection of all Hotels in Burdwan have issued notices to non-compliant Hotels.
8. Another affidavit dated 13.12.2021 has been filed on behalf of the West Bengal Pollution Control Board, stating therein that State Board officials inspected 31 Hotels located in Bardhaman. List of such hotels has been filed from pages 119 to 157 of the paper book. Documents have also been filed which are the directions issued by the Chief Engineer, Operation and Execution Cell, West Bengal Pollution Control Board. Notices of closure have also been filed as annexurs in respect of non-compliant Hotels. However, the Tribunal directed the West Bengal Pollution Control Board to file on affidavit the Action Taken Report giving details of all Hotels/Resorts which are compliant or non-compliant of environmental conditions with regard to having CTO, functional ETP/STP, etc. along with the detailed report a summary (At a Glance) of all the Hotels/Resorts of compliance & non-compliance and action taken thereof may also be given in a tabular form.
9. One affidavit dated 23.02.2022 has been filed on behalf of the West Bengal Pollution Control Board, bringing on record the Status 5 Report of 31 Hotels in Bardhaman (from page nos. 195 to 198 of the paper book), showing notice of closure being issued to some of them and showing names of Hotels which are otherwise compliant. This chart reads as under:-
Status report of hotels in Bardhaman.
STATUS REPORT OF HOTELS IN BARDHAMAN SI Name of Address Date of Whether Only If If Restaurant whether Action Taken Remarks No. unit of the Inspection Boarding/Only Boarding present vaild Unit Restaurant/Bot present whether Consent h Boarding & whether Facility to Restaurant Septic available for Operate Tank liquid waste present present treatment yes/No. yes/No. present yes/No. 1 Hotel G.T. Road, 13.09.2021 Only Boarding Yes Not Applicable No Direction issued by Nataraj Near WBPCB vide memo tinkonla bus No.863-
Stand, P.O.- 863/WPB/O&E/20
burdwan, 19 dated
P.S.- 10/12/2021
burdwan,
Purba
Bardhaman,
Pin-713101.
2 Hotel 54.G.T. 13.09.2021 Only Boarding Yes Not Applicable No Notice for Closure
Nishidin Road, issued by WBPCB
pvt ltd. tinkonla bus vide Memo
Stand, P.O.- No.870-
burdwan, 274/WPB/O&E/20
P.S.- 19 dated
burdwan, 10/12/2021
Purba
Bardhaman,
Pin-713101.
3 Hotel Behind 13.09.2021 Only Restaurant Not No No Notice for Closure
Canteen Dhaldighi Applicable issued by WBPCB
Petrol vide Memo
Pump, P.O.- No.870-
Burdwan, 274/WPB/O&E/20
P.S- 19 dated
Burdwan, 10/12/2021
Purba
Bardhaman-
713101
4 Mainak G.T. Road, 13.09.2021 Both Boarding & Yes No No Notice for Closure
Hotel & Patal Bazar, Restaurant issued by WBPCB
Restaurant P.O.- vide Memo
Burdwan, No.870-
P.S- 274/WPB/O&E/20
Burdwan, 19 dated
Purba 10/12/2021
Bardhaman-
713101
5 Uttarayan B.C. Road, 03.09.2021 Only Boarding Yes Not Applicable No Direction issued by possess
Lodge P.O-Burdean, WBPCB vide memo valid CFO
P.S-Burdwan, No.878- vide Memo
Purba 374/WPB/O&E/201 No.665/DIC
Bardhaman- 9 dated 10/12/2021 /Pur-BDN-
713101 2021-22
dated
24/02/2022
6 Hotel B.C. Road, 03.09.2021 Only Boarding Yes Not Applicable No Notice for Closure possess
Purnashai P.O-Burdean, issued by WBPCB valid CFO
P.S-Burdwan, vide Memo No.870- vide Memo
Purba 374/WPB/O&E/201 No.666/DIC
Bardhaman- 9 dated 10/12/2021 /Pur-BDN-
713101 2021-22
dated
24/02/2022
6
7 Hotel Anita Cinema 03.09.2021 Only Boarding Yes Not Applicable yes, At present
kalyani lane, 64, B C validity up the unit has
Road, P.O- to not valid
Burdean, P.S- 31/12/20 CFO
Burdwan, 21
Purba
Bardhaman-
71310
8 Hotel Anita Cinema 03.09.2021 Only Boarding Yes Not Applicable No Notice for Closure
Koner lane. B.C. issued by WBPCB
road, P.S.- vide Memo No.870-
burdwan, 374/WPB/O&E/201
P.O.- 9 dated 10/12/2021
Burdwan,
Dist-Purba
Bardhaman,
Pin-713101
9 Adi Doi 242, Mehedi 14.09.2021 Only Boarding with Yes No No Notice for Closure
House Bagan,P.S.- Sweet meat and tea issued by WBPCB
(Formerly burdwan, shop vide Memo No.870-
, M/s. P.O.- 374/WPB/O&E/201
Ghosh Burdwan, 9 dated 10/12/2021
Hotel Dist-Purba
BardhamanPi
n-713101
10 Hotel J.B. Mira 14.09.2021 Only Boarding Yes Not Applicable No Notice for Closure
Anandalk Road, issued by WBPCB
Barabazar, vide Memo No.869-
P.o.- 274/WPB/O&E/201
Burdwan, 9 dated 10/12/2021
P.S.-
Burdwan,
Dist-Purba
Bardhaman,
Pin-713101
11 Ashirbad B.C. Road, 14.09.2021 Only Boarding Yes Not Applicable Yes, valid
Lodge Raniganj up to
Bazar, P.O.- 16.05.202
Burdwan, 5
P.S.-
Burdwan,
Dist- Purba
Bardhaman,
pin-713101
12 Hotel 75,B.L. Hati 03.09.2021 Only Boarding Yes Not Applicable No Notice for Closure Possess
Mrigaya Road, P.O.- issued by WBPCB valid CFO
Burdwan, vide Memo No.869- vide memo
P.S.- 274/WPB/O&E/201 no.367/WP
Burdwan, 9 dated 10/12/2021 BD-
Dist-Purba Cont(7301)
Bardhaman, /17dated
Pin-713101 11/01/2022
13 Uttarayan 21. B.C. 03.09.2021 Only Restaurant Not Present but No Possess
Hotel & Road, Curzon Applicable defunct valid CFO
Restauran Gate, P.O.- vide memo
t Burdwan, no.367/WP
P.S-Burdwan, BD-
Dist-Purba Cont(5303)
Bardhaman, /17dated
Pin-713101 11/01/2022
14 Annapurn 51, B.B. 10.09.2021 Only Restaurant Not No No Notice for Closure
a Grand Ghosh Road, Applicable issued by WBPCB
Hindu P.S.- vide Memo No.865-
Hotel Burdwan, 374/WPB/O&E/201
Dist.-Purba 9 dated 10/12/2021
Bardhaman,
Pin-713101
15 Hotel B.L. Hati 03.09.2021 Both boarding & Yes Present But No Notice for Closure Possess
Neelam Road, P.O.- Restaurant Defunct issued by WBPCB valid CFO
burdwan, vide Memo No.876- vide memo
P.S.- 374/WPB/O&E/201 no.
burdwan, 9 dated 10/12/2021 744/DIC/P
Dist-Purba UR-
Bardhawan, BDN/2021-
Pin-713101 22 dated
15/02/2022
7
16 Hotel Fancy 14.09.2021 Only Boarding Present Not applicable Yes, valid
Siddharth Market, 4th up to
a and 5th 30.09.202
Floor, G.T. 3
Road, P.O.-
burdwan,
P.S.-
Burdwan,
Dist-Purba
Bardhamahn
, Pin-713101
17 Kailash 117,GT Road, 14.09.2021 Only Restaurant Not No No Notice for Closure
Hotel .P.O.- Applicable issued by WBPCB
burdwan, vide Memo No.866-
P.S.- 374/WPB/O&E/201
Burdwan, 9 dated 10/12/2021
Dist-Purba
Bardhamahn
, Pin-713101
18 Ma 116, GT 14.09.2021 Only Restaurant Not No No
Shyama Road, .P.O.- Applicable
Hotel burdwan,
P.S.-
Burdwan,
Dist-Purba
Bardhamahn
, Pin-713101
19 Prakash Mehedi 14.09.2021 Lodging and
Room Bagan, .P.O.- fooding activity
Stay burdwan, does not exist
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
20 Suruchi 79,R.B. 14.09.2021 Both boarding & Yes No Yes, valid
Hotel Ghosh Road, Restaurant up to
Restauran P.O.- 31.01.202
t& Burdwan, 8
Boarding P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
21 Hotel Anita cinema 14.09.2021 unit closed
Monohar lane, B.C.
Inn Road, P.O.-
Burdwan,
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
22 Banerjee 109,GT. 26.08.2021 Only restaurant, Yes Not Applicable Yes, valid
Hotel Road, ward but no kitchen. up to
(Fooding no.7,Burdwa Food is supplied 31.03.202
Only) n, P.S.- from Hotel Kandari 2
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
23 Hotel 19,G.T.Road 26.08.2021 Both Boarding and Yes Yes Yes, valid
Kandari Ward No.-3, Restaurant up to
P.O.- 31.06.202
Burdwan, 2
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
24 Gopal 23, P.C. 10.09.2021 Only Boarding Yes Not Applicable Yes, valid
Bhawan Mitra lane, up to
Ward No.7, 31.06.202
P.O. & P.S.- 2
Burdwan,
Dist.Purba
Bardhaman,
Pin-713101
25 Lodge 101, 26.08.2021 Only Boarding Yes Not Applicable Yes, valid
Shalimar G.T.Road, up to
Warid No.-7, 31.11.202
P.O. & P.S.- 2
8
Burdwan,
Dist.Purba
Bardhaman,
Pin-713101
26 Joy Ma 49, B.B. 10.09.2021 Only Restaurant. Not No. No. Notice for Closure
Tara Ghosh Road, Applicable issued by WBPCB
Hindu Warod No.- vide Memo no.877-
Hotel 3, P.O.- 374/WPB/O&E/201
Burdwan, 9 dated 10/12/2021
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
27 Annapurn B.B. Ghosh 10.09.2021 Only Boarding Yes Not Applicable No.
a Hotel & Road, Ward
Lodging No.-3, P.O.-
Burdwan,
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
28 Jyoti 50. B.B. 10.09.2021 Both Boarding and Yes No. No. Notice for Closure
Hotel & Ghosh Road, Restaurant issued by WBPCB
Boarding Ward No.-3, vide Memo no.864-
P.O.- 374/WPB/O&E/201
Burdwan, 9 dated 10/12/2021
P.S.-
Burdwan,sad
ar, Dist-
Purba
Bardhamahn
, Pin-713101
,
29 Hotel 4th & 5th 10.09.2021 Only Boarding yes Not applicable No
Samrat Floor Palika
Bazar, G.T.
Road, Ward
No-7, P.O.-
Burdwan,
P.S.-
Burdwan,
Sadar, Dist-
Purba
Bardhaman,
Pin-713101
30 Relax 66.PC Mitra 26.08.2021 Only Boarding Yes Not applicable Yes, Valid Direction issued by
Lodge lane, Ward up to WBPCB vide Memo
No.-7, P.O.- 31.05.202 No.879-
Burdwan, 3 374/WPB/O&E/201
P.S.-Burdwan 9 dated 10/12/2021
Sadar, Dist.
Purba
Bardhaman,
Pin-713101
31 Banerjee G.T. road, 26.08.2021 Both Boarding & yes Not applicable, yes, valid
Hotel Tinkonla bus Restaurant since unit has no up to
(fooding Stand, Ward kitchen of its's 31.02.202
& No.-7, P.O.- own 3
Lodging) Burdwan,
P.S.-Burdwan
Sadar,
Dist.Purba
BardhamanPi
n-713101
10. One more affidavit dated 30.04.2022 has been filed on behalf of the West Bengal Pollution Control Board and in para 4 thereof it is stated that 17 non-compliant Hotels were called for hearing. Out of 17 Hotels, notice of closure was issued with respect to 15 Hotels with a direction to submit the copy of Consent to Operate. Out of 9 these 15 Hotels, 6 Hotels have valid Consent to Operate. A list of these Hotels has been filed as Annexure-I, Annexure-II & Annexure-
III, (from page nos. 203 to 206 of the paper book).
11. Reference has also been made to the directions given by the Tribunal in Original Application No. 30/2014/EZ (Joydeep Mukherjee Vs. Chief Secretary, Govt. of West Bengal), wherein the Tribunal had directed that in the matter of environmental breach committed by the Hotels in the operation of their Hotel business, appropriate penalty should be imposed upon them. The Tribunal, therefore, directed that a sum of Rs. 1 lakh in respect of each of the non-compliant Hotels be imposed and the penalty amount shall be deposited by such Hotels with the Pollution Control Board within a period of one month. Those Hotels which were operating either with Consent to Establish or with Consent to Operate but the Consent to Operate granted to them had expired, such Hotels were directed to pay an amount of Rs. 50,000/- (Rupees Fifty Thousands only) per Hotel by way of penalty with the Pollution Control Board within a period of one month under the 'Polluter Pays Principle'.
12. We are, however, of the view that the violation of environmental norms can neither be overlooked nor ignored nor excused since every case of violation of environmental norms is a violation of the basic rights and basic necessities of the people at large to clean air, clean water and clean earth and in such matters there can hardly be any scope for compromise. The breach of environmental norms is a violation of the Water (Prevention and 10 Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and, therefore, the Hotels which are operating without Consent to Operate or Consent to Establish or without adequate Effluent Treatment Plants would, in our opinion, be liable for payment of Environmental Compensation amounting to Rs. 2 Lakhs each, which shall be deposited by them with the West Bengal Pollution Control Board.
13. So far as the Respondent No.6 is concerned, we are informed that its name has wrongly been mentioned in Annexure-III (page 206 of the paper book), since it was given Consent to Operate on 07.03.2022. Be that as it may, this Original Application has been pending before the Tribunal since 2017 and the Respondent No.6 Hotel is operating without valid Consent to Operate since then till the same was granted on 07.03.2022 and, therefore, it is a violator of environmental norms and conditions laid down in the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and, therefore, on the principle of 'Polluter Pays' the Respondent No.6 cannot escape from his liability to pay compensation
14. The Respondent No.6 Hotel along with all other defaulting/non-compliance Hotels as noted above are, therefore, directed to deposit a sum of Rs. 2 lakhs each which shall be deposited by them with the West Bengal Pollution Control Board 11 within two months failing which the Board shall proceed to recover the same in accordance with law.
15. Though the other Hotels/Units are not party in the present Original Application other than the Respondent No.6, nevertheless from the documents on record we find that adequate opportunity of hearing and notices have been given to them and, therefore, it is not necessary to give any further opportunity of hearing to such Hotels.
16. We further direct the West Bengal Pollution Control Board to regularly monitor the Hotels in the town of Burdwan and if any non-compliance with regard to environmental norms including violation of Consent to Operate is observed then the Board shall taken action in accordance with law.
17. With the aforesaid directions, the Original Application No. 125/2017/E is accordingly disposed of.
18. There shall be no order as to costs.
.......................................
B. AMIT STHALEKAR, JM ....................................
SAIBAL DASGUPTA, EM Kolkata, May 19th, 2022, Original Application No.125/2017/EZ AK 12