National Green Tribunal
Subhash Datta vs State Of West Bengal on 5 January, 2023
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.151/2022/EZ
Subhas Dutta Applicant(s)
Versus
State of West Bengal &Ors. Respondent(s)
Date of hearing: 05.01.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Subhas Datta, in person
For Respondent(s) :Mr. Rajib Ray, Advocate for R-1, 2, 3, 6, 7, 8 & 11,
Mr. PrithwishBasu, Advocate a/w
Mr. Sibojyoti Chakraborty, Advocate (in Virtual Mode) for R-4,
Mr. Nayan Chand Bihani, Advocate for R-5 (in Virtual Mode),
Mr. Survapriya Mukherjee, Advocate a/w
Mr. AritraBasu, Advocate and
Mr. Saaqib Siddiqui, Advocate for R-10,
Mr. Dipanjan Ghosh, Advocate for R-12 (in Virtual Mode),
Mr. Ashok Prasad, Advocate for R-13
ORDER
1. Mr. Subhas Datta, the Applicant in person, is present
2. Affidavit dated 03.01.2023 has been filed by the Respondent No.2, Urban Development & Municipal Affairs Department, Government of West Bengal; the same is taken on record.
3. Affidavit dated 03.01.2023 has been filed by the Respondent No.9, State Level Ground Water Authority; the same is taken on record.
4. Affidavit dated 04.01.2023 has been filed by the Respondent Nos.3 & 11; the same is taken on record.
5. Mr. Rajib Ray, learned Counsel files Vakalatnama on behalf of the Respondent Nos.1,2,3,6,7,8 & 11; the same is taken on record. When the case is next listed, the name of Mr. Rajib Ray shall be printed in the cause-list as Counsel for Respondent Nos.1,2,3,6,7,8 & 11.
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6. Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of the Respondent No.12; the same is taken on record. When the case is next listed, the name of Mr. Dipanjan Ghosh shall be printed in the cause-list as Counsel for Respondent No.12.
7. Ms. Soumya Mukherjee, learned Counsel files Vakalatnama on behalf of the Respondent No.5, DighaSankarpur Development Authority; the same is taken on record.
8. Mr. Survapriya Mukherjee, learned Counsel and Mr. AritraBasu, learned Counsel, state that they have instruction to appear in this case on behalf of the Respondent No.10, West Bengal Housing Infrastructure Development (HIDCO).
9. Let Vakalatnama be filed in the office today itself.
10. Mr. Survapriya Mukherjee, learned Counsel states that he has filed counter-affidavit wrongly mentioning I.A. instead of O.A.
11. Let the defect be corrected and counter-affidavit be filed in the O.A. in the course of the day.
12. Mr. Rajib Ray, learned Counsel for Respondent No.7, prays for and is granted four weeks time for filing counter-affidavit.
13. Mr. Nayan Chand Bihani, learned Counsel appearing (in Virtual Mode) for the Respondent No.5, prays for and is granted four weeks time for filing counter-affidavit.
14. Mr. PrithwishBasu, learned Counsel and Mr. Sibojyoti Chakraborty, learned Counsel for Respondent No.4, pray for and are granted four weeks time for filing counter-affidavit.
15. Let counter-affidavit and Vakalatnama be filed within four weeks.
16. Issue notice to Respondent No.13, National Centre for Sustainable Coastal Management, Chennai, returnable within four weeks. 2
17. The Respondent No.13 may file his counter-affidavit by the next date of listing.
18. Mr. Subhas Datta, states that the document dated 07.07.2022 filed with the affidavit of the Respondent Nos.3 & 11 mentions that the CRZ Report has been prepared by the Institute of Environmental Studies and Wetland Management which is not the Competent Authority and in fact the CRZ Report has to be prepared by the National Centre for Sustainable Coastal Management, Chennai and approved by Ministry of Environment, Forests and Climate Change.
19. Mr. Rajib Ray, learned Counsel shall serve e-copy/soft copy of the affidavit upon Mr. PrithwishBasu as well as Mr. Dipanjan Ghosh today itself who shall submit their reply specifically with reference to the averments made in paragraph-5 of the affidavit and the annexures appended thereto.
20. All the Counsel shall ensure that all the affidavits are exchange among themselves before the next date of listing.
21. List on 14.02.2023.
..................................... B. Amit Sthalekar, JM ....................................
Prof. A. Senthil Vel, EM January 05, 2023 Original Application No.151/2022/EZ MN 3