National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of West Bengal And Others on 8 December, 2021
Item No. 02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 107/2021/EZ
Tribunal on its Own Motion
Re: Stubble Burning across New Town Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 08.12.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s): Mr. Sibojyoti Chakraborty, Advocate for R-1&2,
Mr. Dipanjan Ghosh, Advocate for R-3,
Mr. Rajib Ray, Advocate for R-5,
Mr. Bikas Kargupta, Advocate for NKDA,
ORDER
1. Mr. Sibojyoti Chakraborty, learned Counsel is present for Respondent NSO. 1 & 2, State Respondents, Govt. of West Bengal, Mr. Dipanjan Ghosh, learned Counsel is present for Respondent No.3, West Bengal Pollution Control Board, Mr. Rajib Ray, learned Counsel is present for Respondent No.5, Central Pollution Control Board, and Mr. Bikas Kargupta, learned Counsel is present for New Town Kolkata Development Authority (NKDA).
2. An affidavit dated 07.12.2021 has been filed on behalf of the West Bengal Pollution Control Board; the same is taken on record.
3. Another affidavit dated 07.12.2021 has been filed on behalf of the New Town Kolkata Development Authority; the same is taken on record.
4. In the affidavit which has been filed by the West Bengal Pollution Control Board, there is an inspection report (at page no. 33 of the paper book), of an inspection which was carried out on 01.12.2021 1 by the Officers of the West Bengal Pollution Control Board as well as the New Town Kolkata Development Authority. The relevant observations and the remarks of inspection report are reproduced herein below:-
"Observation:-
A joint inspection involving the mentioned WBPCB & NKDA officials has been conducted on 01.12.2021 in response to the above referred order of Hon'ble NGT for observing the incidents of stubble/dried vegetation burning within the Action Area I, II & III under NKDA.
Following is the summary of the inspection as conducted:
1. Seven sites were visited as locations for such burning of dried vegetation that includes (a) site near Ram Mandir and Hanuman Statue, Action Area II (b) site on street no. 781, Action Area II (c) site adjacent to Bengal Silicon Valley (d) site near Acharya Tulsi Academy Orchids International School, Action Area-III (e) back side of Elita Garden Vista (f) backside of Sukhobristi Housing Complex (g) backside of Mother's Wax Museum.
2. During inspection visible fire & burning of dried vegetation & municipal solid waste was noticed at two sites (a) one site near Ram Mandir and Hanuman statue and (b) a site near Acharya Orchids International School. For both these cases, NKDA Fire Tenders were immediately engage for dousing fire by water sprinkling.
3. Remains of burnt vegetation on a vast area adjacent to Street No. 781, Action Area II was observed during inspection. NJDA representative informed that fire took place at this sport ohn 29.11.2021. Burnt remains of such dried vegetation was also noticed at the backside of Mother's Wax Museum.
4. Furthermore, NKDA representatives submitted that such firing of dry vegetation had occurred on 8th November, 2021 at sites near Bengal Silicon Valley which was extinguished accordingly by engaging fire tenders. However, no fresh or visible case of such fire have been noted near Bengal Silicon Valley, Elita Garden Vista or Sukhobristi Housing Complex during the inspection.2
It may be further noted that all these sites have vast areas with dense wild vegetation and thus without much approachability which created difficulty for inspection. Remarks:
1. NKDA has taken some steps for combating such open burning of dry vegetation. Such steps include:
a) provisions for departmental mobile team with two wheelers for attending such cases whenever reported.
b) Dedicated firefighting teams equipped with water tanker
c) Arrangement of drones for monitoring such cases of fire
d) Awareness drives for public
e) Notice displays for public guidance at several spots.
2. West Bengal Pollution Control Board has put forward guidelines to all concerned District Administrative authorities regarding the same matter vide Memo No. 2448/1K- 5/2020(Prt-1) dated 30.11.2021.
3. All relevant supporting documents for the matter and photographs taken during inspection are enclosed herewith.
A.Das Gupta R. Sinha
Env. Engineer, Salt Lake RO Env. Engineer, Salt Lake RO
WBPCB WBPCB"
5. Learned Counsel for the State Respondent seeks two weeks time to file affidavit.
6. Time as prayed is granted. Let such affidavit be filed within two weeks.
7. List on 05.01.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM December 08, 2021 Original Application No. 107/2021/EZ AK 3