National Green Tribunal
Tribunal On Its Own Motion In Re Kestopur ... vs State Of West Bengal on 4 September, 2023
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.110/2023/EZ
In Re: News Item published in Times of India,
Kolkata edition dated 29.08.2023 titled
"Kestopur neighbourhood raises a stink
over open vat, Kolkata" Applicant(s)
Date of hearing: 04.09.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) :Suo Motu
ORDER
1. This matter is being taken-up suo motu in view of a newspaper report published in 'The Times of India, Kolkata' on 29.08.2023 which reads as under:-
"Kolkata: An open garbage dump at Kestopur's Nazrul Park area on the canal side in Bidhannagar Municipal Corporation ward no. 18 has become a nightmare for local high-rise residents who have had to put up with the stench for several months now. Residents alleged the civic authorities are reluctant to look into repeated requests to clean up the area and they have been intimidated by the local councilor when they approach him.
"The place used to be relatively clean even a few years ago. But now the daily generated waste from nearby areas of New Town, Jagatpur Bazar and Mridha market are dumped here and not being removed properly. The entire neighbourhood stinks. Residents are forced to keep their windows shut all day. This place has also become a mosquito-breeding ground," said Parimal Karmakar, a local.
Last December, residents had submitted a memorandum to local councilor Indranath Bagui with over a hundred signatures, urging the civic authorities to clean up the spot and remove the dump. But residents said their plea has fallen on deaf ears. An 1 elderly resident who did not want to be named alleged that he was intimidated by Bagui when he tried to pursue the matter. Bagui, however, claimed the garbage was being cleaned regularly. "If the garbage was not cleaned on a daily basis, there would have been multiple garbage heaps there by now. The daily accumulated garbage is picked up on a regular basis", Bagui said."
2. In the newspaper report, it is also mentioned that the residents had submitted a memorandum to the local authorities in this regard but no action has been taken.
3. In our opinion, matter requires consideration.
4. We, therefore, direct notices to be issued to the following, who shall be impleaded as Respondents in the present Original Application:-
(1) Bidhannagar Municipal Corporation through its Municipal Commissioner, (2) West Bengal Pollution Control Board, through its Member Secretary, (3) Urban Development and Municipal Affairs Department, through its Principal Secretary, and (4) Commissioner of Police, Bidhannnagar Police Commissionerate,
5. Mr. Prithwish Basu, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.2, West Bengal Pollution Control Board.
6. Mr. Sudip Kumar Dutta, learned Counsel who is present in Court, accepts notice on behalf of the Respondent Nos.3 & 4, State Respondents, Government of West Bengal.
7. Issue notice to the Respondent No.1, Bidhannagar Municipal Corporation, returnable within two weeks. 2
8. Considering the urgency of the matter, we direct the Respondents to file their counter-affidavits within two weeks.
9. Copy of the Original Application along with the newspaper report shall be served by the office of the Tribunal upon the Counsel for the Respondents within 24 hours.
10. List on 20.09.2023.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM September 04, 2023, Original Application No.110/2023/EZ AK 3