National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of West Bengal And Others on 25 November, 2021
Item No. 03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 114/2021/EZ
Tribunal on its Own Motion
(Re: Dead Fish Spotted in Lake Rabindra Sarobar) Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 25.11.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo-Motu
ORDER
1. This matter is being taken up in view of an article published in the 'Times of India' on 24.11.2021, mentioning therein an incident of dead fish being spotted in the Rabindra Sarobar Lake, Kolkata due to lack of dissolved oxygen in the water. The article mentions that the Kolkata Metropolitan Development Authority (in short 'KMDA') had dismantled three fountains which had been set-up in the lake to increase aeration after protests were raised by rowing clubs to that effect that the fountains posed a threat to the safety of the rowers and their equipment. It is stated that the KMDA officials had proposed to inject dissolved oxygen into the lake's water through the services of an agency that will conduct a feasibility study. It is also mentioned that the technology for the purpose is an advanced one that has not been carried out anywhere in the country so far and it has been put into practice only at a few places outside the country. The article further mentions that the officials of the KMDA have informed that if it is found feasible and viable, it would plan out whether the said technology can be used only for three-four months of the year i.e., from November to February during which period depletion of oxygen level occurs in the Rabindra Sarobar Lake.
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2. In our opinion, matter requires consideration as it relates to the Rabindra Sarobar Lake which is a pristine water body in the heart of the City of Kolkata.
3. We accordingly direct notices be issued to:-
i) Chief Executive Officer, Kolkata Metropolitan Development Authority, Govt. of West Bengal; and
ii) Member Secretary, West Bengal State Pollution Control Board.
Returnable within three weeks.
4. We also direct the KMDA and WBPCB to submit a report on affidavit regarding water quality of the Lake and remedial measures proposed by the KMDA as well as the WBSPCB within three weeks as the critical period for oxygen depletion is only from November to February.
5. Ms. Paushali Banerjee, learned Counsel who is present in the Court states that she is the Counsel for KMDA and she accepts notice on behalf of Respondent No.1.
6. We are informed that Mr. Dipanjan Ghosh is the Counsel representing the West Bengal Pollution Control Board; we, therefore, direct Mr. Dipanjan Ghosh to take notice of this case.
7. Let the Kolkata Metropolitan Development Authority and the West Bengal Pollution Control Board be shown in the array of Respondents as Respondent Nos. 1 & 2 respectively.
8. List on 22.12.2021.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM November 25, 2021 Original Application No. 114/2021/EZ AK 2