National Green Tribunal
Banibrata Mukherjee vs State Of West Bengal & Ors on 8 January, 2025
Item No.07 Court No. 3
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 122/2024
In
Original Application No. 258/2024
Banibrata Mukherjee Applicant
Versus
State of West Bengal & Ors. Respondents
Date of hearing: 08.01.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for the applicant
Respondent: Mr. Sibojyoti Chakrabarti, Advocate for District Magistrate and
KMC (through VC)
ORDER
1. Mr. Banibrata Mukherjee had sent a letter petition to this Tribunal, which was treated and registered as O.A No. 258 of 2024, complaining about encroachment over pond existing in land measuring 15 kathas.
2. The above said O.A was disposed of by this Tribunal vide order dated 16.05.2024. The relevant part of the order reads as under:-
"2. In our view, the above complaint at the first instance can be looked into by District Administration and concerned authorities hence, we constitute a Joint Committee comprising District Magistrate, Kolkata, Commissioner, Municipal Corporation, Kolkata and representative of West Bengal Pollution Control Board.
3. District Magistrate, Kolkata shall be the Nodal Agency for compliance and co-ordination.1
4. The said Committee shall visit the site, collect relevant information and submit factual Report. If it finds that pond is existing which is being filled in illegally, the said Committee shall take appropriate steps for preventing such activities and for restoration of the pond area to its original condition within three months.
5. The above Committee shall submit Compliance Report to Registrar General of this Tribunal within 15 days after expiry of three months and Registrar, if finds necessary, shall place the matter before the Bench for further orders."
3. Since the report was not filed within the specified period, the matter was listed before the Bench for further directions.
4. Vide order dated 29.11.2024, this Tribunal granted one more opportunity for compliance with the order.
5. In compliance thereof, compliance report dated 06.01.2025 has been filed by Additional District Magistrate & District Land & Land Reforms Officer, South 24 Parganas, West Bengal. Report dated 07.01.2025 has been filed by Executive Engineer (Civil) Environment and Heritage Department, Kolkata Municipal Corporation.
6. The relevant part of the report dated 06.01.2025 filed by Additional District Magistrate & District Land & Land Reforms Officer, South 24 Parganas, West Bengal reads as under:-
"COMPLIANCE REPORT IN THE FORM OF AFFIDAVIT ON BEHALF OF THE DISTRICT MAGISTRATE & COLLECTOR, SOUTH 24 PARGANAS DISTRICT.
X X X X
3. That in compliance and obedience to the above mentioned order it is submitted that the Environment & Heritage department and Building Department of the Kolkata Municipal Corporation respectively had submitted an Action Taken Report regarding restoration of L.R. Plot No. 13845, in Mouza- Behala, J. L. No. 102, classified as Pukur (Pond), which is situated at 321, Diamond Harbour Road, near to Behala Diamond Club, Ward Number 119, Borough Number XIII.2
4. That in the Action Taken Report submitted by the Environment & Heritage department, Kolkata Municipal Corporation the following observations have been made:
(i). The site in question i.e. 321, Diamond Harbour Road, near to Behala Diamond Club, Ward Number 119, Borough Number XIII was inspected on 09.07.2024 by the officials of the Environment & Heritage department, Building department of Borough 13, Kolkata Municipal Corporation, Municipal Commissioner, Kolkata Municipal Corporation and representative of the West Bengal Pollution Control Board.
(ii) After receiving the complaint of illegal filling of the above mentioned water body this department inspected the site on 03.08.2021 and it was found that a portion of the water body filled up in comparison with NRSA (Aerial) map. As per the NRSA Aerial map the area of the water body is 875.6399 sq. mt. out of which approximately 5 sq. mt. in southern portion has been filled up.
(iii) Accordingly notice under section 53 of the West Bengal Town and Country (Planning & Development) Act, 1979 was issued vide E & H/27/2021-22 dated 03.09.2021 and an F.I.R was lodged in Behala Police Station vide E&H/FIR/42/2021-22 dated 08.10.2021.
(iv.) Then as per Solemn Order passed by Hon'ble High Court, Calcutta in WPA (P) 230/2022 Smt Sumitra Mondal & Ors Versus Kolkata Municipal Corporation & Ors dated 28.11.2023 this department again issued notice for restoration of the water body at 139, Diamond Harbour Road, under section 53 of the of the West Bengal Town and Country (Planning & Development) Act, 1979.
(v) As the Owners namely Banibrata Mukherjee and Parthobrata Mukherjee did not restore the water body another F.I.R has been lodged by the E & H, Department, KMC vide E & H, FIR/66/2023-24 dated 21.03.2024 against its owners.
Photocopy of the Action Taken Report submitted by the Environment & Heritage department, Kolkata Municipal Corporation along with written complaints vide E&H/FIR/42/2021-22 dated 08.10.2021 and E & H, FIR/66/2023-24 dated 21.03.2024 and Notices issued by the E & H, Department under section 53 of the West Bengal Town and Country (Planning & Development) Act, 1979 are collectively annexed herewith and marked with the letter 'R-1'.
35. That the Building department of the Kolkata Municipal Corporation has also inspected the site in question and has made the following observations:
(i) During inspection it was observed that there exists a two storied residential building at the Eastern Side and another two storied residential buildings at the Southern Side of the pond at 321, Diamond Harbour Road, Ward number 119, Borough-XIII.
(ii) That on the Southern Side of the pond in a small portion of a vacant land by the side of the road there is Behala Diamond Club in a ramshackle condition with 4 iron posts in 4 corners and few rusted tins and already Building department of Kolkata Municipal Corporation has issued notice Under section 400(1) of Kolkata Municipal Corporation Act, 1980 against Behala Diamond Club.
(iii) That with regard to the other two residential houses the owner of the Southern side house submitted sanctioned building plan and the owner of the Eastern Side did not submit relevant documents and Building department, Kolkata Municipal Corporation issued notice to submit same but it returned back and during inspection it was found that the premises was constructed 20 (Twenty) years back.
Photocopies of the Sketch map and Inspection Report of the Building department, Kolkata Municipal Corporation are collectively annexed herewith and marked with the letter 'R-2'.
6. That recently as on 23.11.2024 photographs and sketch map have been submitted to the office of the District Magistrate, South (24) Parganas showing that the filled up portion of the pond in question has been removed and the same has been restored by the Kolkata Municipal Corporation.
Coloured Photographs along with sketch Map showing the condition of the pond before and after restoration are collectively annexed herewith and marked with the letter 'R-3'."
7. The relevant part of the report dated 07.01.2025 filed by Executive Engineer (Civil) Environment and Heritage Department, Kolkata Municipal Corporation is reproduced below:-
"COMPLIANCE REPORT IN THE FORM OF AFFIDAVIT ON BEHALF OF THE, RESPONDENT NO. 02 KOLKATTA MUNICIPAL CORPORATION 4 X X X X
4. That in obedience and compliance to the above mentioned order it is submitted that the Environment and Heritage department and Building Department of the Kolkata Municipal Corporation respectively had submitted an Action Taken Report regarding restoration of waterbody which is situated at 139, Diamond Harbour Road near 321, Diamond Harbour Road, near to Behala Diamond Harbour Club, Ward Number 119, Borough Number XIII. That in the Action Taken Report submitted by the Environment & Heritage department, Kolkata Municipal Corporation the following observations have been made:
(i) The site in question i.e. 139, Diamond Harbour Road near 321, Diamond Harbour Road, near to Behala Diamond Club, Ward Number 119, Borough Number XIII was inspected on 09.07.2024 by the officials of the Environment & Heritage Department, Building department of Borough 13, Kolkata Municipal Corporation, Municipal Commissioner, KMC and representative of the West Bengal Pollution Control Board.
(ii) After receiving the complaint of illegal filling of the above mentioned waterbody this department inspected the site on 03.08.2021 and it was found that a portion of the water body filled up in comparison with NRSA (Aerial) map. As per the NRSA Aerial map the area of the water body is 850sqm out of which small portion in southern side has been filled up.
(iii) Accordingly notice Under section 53 of the West Bengal Town and Country (Planning & Development) Act, 1979 was issued vide E & H/27/2021-22 dated 03.09.2021 and an F.I.R was lodged in Behala Police Station vide E&H/FIR/42/2021-22 dated 08.10.2021.
(iv) Then as per Solemn Order passed by Hon'ble High Court, Calcutta in WPA (P) 230/2022 Smt Sumitra Mondal & Ors dated 28.11.2023 this department again issued notice for restoration of the water body at 139, Diamond Harbour Road, under section 53 of the of the West Bengal Town and Country (Planning & Development) Act,1979.
(v ) As the Owners namely Banibrata Mukherjee and Parthobrata Mukherjee did not restore the waterbody another F.I.R has been lodged by the E & H, Department, KMC vide E & H, FIR/66/2023-24 dated 21.03.2024 against its owners. Photocopy of the Action Taken Report submitted by the Environment & Heritage department, Kolkata Municipal Corporation along with written complaints vide E&H/FIR/42/2021-22 dated 08.10.2021 and E & H, FIR/66/2023-24 dated 21.03.2024 and Notices issued by the E & H, Department under section 53 of the West Bengal Town and Country (Planning & Development) Act, 1979 are collectively annexed herewith and marked with the letter `R-1'.
5. That the Building department of the Kolkata Municipal Corporation has also inspected the site in question and has made the following observations :
(i) During inspection it was observed that there exists a two storied residential building at the Eastern Side and another two storied residential building situated at the Southern Side of the pond near 321, Diamond Harbour Road, Ward number 119, Borough-XIII.5
(ii) That on the Southern Side of the pond in a small portion of a vacant land by the side of the road there is Behala Diamond Club in a ramshakled condition with 4 iron posts in 4 corners and few rusted tins and already Building department of KMC has issued notice Under section 400(1) of KMC Act, 1980 against Behala Diamond Club.
(iii) That with regard to the other two residential houses the owner of the Southern side house submitted sanctioned building plan and the owner of the Eastern Side did not submit relevant documents and Building department, issued notice to submit the same but it returned back and during the occupants of the resident informed that the building was constructed approx. 20 years back.
Photocopies of the Sketch map and Inspection Report of the Building department, are collectively annexed herewith and marked with the letter `R-2'.
6. That recently as on 23.11.2024 photographs and sketch map have been submitted to the office of the District Magistrate, South (24) Parganas showing that the filled up portion of the pond in question has been removed the same has been restored by the Kolkata Municipal Corporation.
Coloured Photographs showing the condition of the pond before and after restoration are collectively annexed herewith and marked with the letter R-3.
7. As the owner did not pay any heed to the notice/FIR, the E&H Department restored the filled up portion (attached in map) at its cost.
Photograph before & after may be seen for reference. It is evident from the sketch that "Diamond Club Behala" is away from the water body. Moreover, at present Diamond Club has been dismantled."
8. None has appeared for the applicant and correctness of the reports is not challenged. As per the reports, encroachment on portion of land of the pond filled with sand has been removed and the pond has been restored.
9. In view of the compliance reports, no further directions are required to be given on the present Miscellaneous Application which is disposed of accordingly.
10. However, the applicant will at liberty to move this Tribunal again in case any grievance survives or arises in future.
611. A copy of this order be sent to the applicant by post for information.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 08th, 2025 Misc Application in Disposed of Cases No. 122/2024 In Original Application No. 258/2024 AB 7