National Green Tribunal
Bishnupada Pakhira vs Union Of India Through The Secretary ... on 2 May, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 134/2015/EZ
with
I.A. No. 147/2022/EZ I.A. No. 148/2022/EZ I.A. No. 149/2022/EZ I.A.
No. 150/2022/EZ I.A. No. 151/2022/EZ I.A. No. 152/2022/EZ
I.A. No. 153/2022/EZ I.A. No. 154/2022/EZ
I.A. No. 155/2022/EZ
Bishnu Pada Pakhira Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 02.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Somnath Roy Chowdhury, Advocate
Respondent(s): Mr. Soumitra Mukherjee, Advocate for R-1 & 2,
Mr. Sibojyoti Chakraborty, Advocate for R-3-10, 12, 15, 16, 21,
23, 25 & 26,
Mr. Priyabrata Thakur, Advocate for R-27, 31-33, 35, 42, 45, 46,
48, 51, 53-59, 61, 63, 64, 70, 75-80, 83, 86, 88, 89, 91, 93 & 96
Mr. Ashok Prasad, Advocate for R-13,
Mr. Dipanjan Ghosh, Advocate for R-14,
Ms. Paushali Banerjee, Advocate for R-47 & 97,
Mr. Arup Bhattacharya, Advocate for R-82
Mr. Anant Kr. Shaw, Advocate and Mr. Mainak Ganguly, Advocate
for Hotel Dreamland
Mr. Kishor Dutta, Sr. Advocate in I.A. No.147/2022/EZ and I.A.
No.155/2022/EZ
ORDER
[ The issue
1. Present case shows utter violation of law on continuous basis to the detriment of coastal and marine ecology and environment in Digha-
1Shankarpur coastal area in West Bengal. The State Coastal Zone Management Authority has failed to enforce binding norms under the Coastal Regulation Zone (CRZ) Notification by not taking any action against large scale illegal constructions in 'No Development Zone' (NDZ) on the specious plea that its record does not have approved maps, which are otherwise easily available in public domain. Further untenable excuse is that process of revision of Coastal Zone Management Plan (CZMP) is yet to be completed which cannot be a ground not to enforce the existing CZMP.
There is also gross failure on the part of West Bengal Pollution Control Board (WBPCB) in not taking action against Hotels, Resorts, Restaurants illegally operating in NDZ, and also violating provisions of the Water (Prevention and Control of Pollution) Act, 1974, in directly discharging untreated waste water in the sea.
2. We may now refer to the pleaded facts. According to the averments in the application, illegal constructions of hotels, resorts, restaurants has taken place in critically vulnerable 'No Development Zone' in coastal area of Mandarmani Sea Beach, in Digha-Shankarpur coastal area in District Midnapur, West Bengal, in violation of CRZ Notifications 1991 and 2011, issued by the MoEF&CC under the Environment (Protection) Act, 1986.
The applicant has also alleged violation of Water Act by discharge of untreated sewage from the said hotels, restaurants, resorts in the sea.
Further grievance is against indiscriminate diesel generated Generators in the hotels and frequent movement of vehicles through the shore of the sea at Mandarmani Area.
3. We may note that legal position on the issue is covered by judgements of the Hon'ble Supreme Court inter alia in Indian Council for Enviro Legal Action, (1996) 5 SCC 281, Piedade Filomina (2004) 3 SCC 2 445, Vaamika Island (2013) 8 SCC 760 and Kerala State Coastal Zone Management Authority vs. State of Kerala, Maradu Municipality (2019) 7 SCC 248 (Maradu case). In Piedade, it was observed that the CRZ Notifications have been issued for protection of environment and ecology of the coastal areas and any construction in violation thereof cannot be condoned. Uncontrolled constructions in such areas have disastrous effect and result in natural calamities. CZMP of the area is to be strictly followed.
In respect of West Bengal, CZMP was first approved on 27.9.1996 which was revised on 24.10.2018 and there is a proposal for further revision but till such revision, already finalised CZMP is operative and has to be strictly enforced. No construction is permitted within 200 meters from High Tide Line (HTL) and construction upto 500 meters has to be by permissions.
Procedural History
4. Application was filed on 18.12.2015 and was first considered on 14.01.2016. It was admitted and notice issued. A status report was required to be filed by the statutory regulators to specify whether consents had been granted for the constructions in question. List of any other such hotels/restaurants operating without consent were also required to be filed. The Tribunal restrained construction of any hotels, resorts etc. in prohibitory zone as per CRZ Notification, 2011 which was required to be enforced by the Chief Secretary, West Bengal. Respondents originally impleaded are MoEF&CC, State of West Bengal, NCZMA, WBZMA, WBPCB, District Magistrate, Midnapore and private respondents, The Sana Beach Resort and The Hotel Sonar Bangla. Subsequently, 74 more hotels, restaurants, resorts were added as party vide order dated 31.05.2016, on receiving information that they were also functioning 3 illegally. Contesting official respondents and private resorts/hotels/ restaurants have filed their respective responses.
5. The matter has been considered thereafter on several occasions but reference to some of the orders will suffice. Vide order dated 06.12.2016, the District Level Committee took the stand that it was not in a position to decide whether the hotels are falling in 'No Development Zone'. However, the State Coastal Zone Management Authority, (WBSCZMA), stated that the hotels are either in CRZ-I or CRZ-III and some of them are on the beach itself, affecting high tide. The said part of the order is reproduced below "On the other hand, the State Coastal Zone Management Authority, in their affidavit, have clearly indicated that most of the hotels are located within the Coastal Regulation Zone either CRZ-I or CRZ-III categories. It is stated that for further details, hotel-wise survey and mapping would be necessary for which necessity of time and fund has been expressed. It is also stated that a large number of hotels are located on the beach itself and are affected by high tide."
6. Accordingly, the Tribunal directed the hoteliers to approach the WBSCZMA for requisite clearance which was to be decided within one month. Vide order dated 09.08.2017, the Tribunal noted the stand of the authorities that CZMP was not clear in absence of which CRZ Notification could not be enforced. Vide order dated 17.11.2021, the Tribunal considered the reply filed by the MoEF&CC on 12.11.2021 and deferred the matter to consider whether the CZMA has taken further action with regard to approval of CRZ Notification, 2019. Finally, vide order dated 10.01.2022, the Tribunal considered the affidavit of the State PCB dated 07.01.2022 finding that some hotels/resorts had installed ETPs which were not functional while many others had no pollution control device and untreated water was being discharged directly into the sea. The Tribunal accordingly observed:-
4"9. Prima facie, we are of the firm view that hotels/resorts which claim to have been established in the CRZ area before the issuance of the current CRZ Notification 2019 being enforced, cannot be allowed to function or to run its hotel/resort business if it is in violation of the Environment (Protection) Act, 1986, or Air (Prevention and Control of Pollution) Act, 1981 or Water (Prevention and Control of Pollution) Act 1974. Therefore, the question of grant of Consent to Establish or Consent to Operate subsequently does not arise.
10. In the affidavit of West Bengal Coastal Zone Management Authority dated 06.01.2022, it has been stated that the coastal line has suffered heavily due to cyclone Amphan, Yaas, Bulbul etc. in the last years. It is further stated that the precise delineation of High Tide Line (HTL), Low Tide Line (LTL) and Ecologically Sensitive Areas (ESA), latest imageries have been procured and work of geo-rectification is going on since August, 2021. To complete the entire process, the West Bengal Coastal Zone Management Authority has sought time till December, 2022.
11. We grant West Bengal Coastal Zone Management Authority time till 30th April, 2022 to complete the geo-rectification of all the areas and file an affidavit of compliance.
12. We also direct the West Bengal Pollution Control Board to file its affidavit with regard to the directions given in paragraphs 7 & 8 of this order."
Latest versions of the authorities on factual aspects
7. We may now refer to latest stand of the authorities. Relevant extracts from the affidavit of the MoEF&CC are:-
"5. It is humbly submitted that in compliance of the order dated 22.11.2017 in 0.A No. 424 of 2016, in the matter of Mehdad and Anr. Vs. Union of India and Ors before the Hon'ble NGT(PB), all the states and UTs except the state of Goa have submitted their respective CZMPs as per CRZ notification, 2011, to this answering respondent(no.1&2) and have been approved. List of approved CZMPs/ICRZ Plans of the all the States and UTs as per CRZ Notification, 2011 are as follows:
S. No. States/UTs Date of Approval
1. Andhra Pradesh 28.02.2019
2. Daman & Diu 24.10.2018
3. Goa Not Received
4. Gujarat 10.01.2019, 28.02%2019,
07.02.2019 & 02.12.2019
5. Karnataka 07.08.2018
5
6. Kerala 28.02.2019
7. Maharashtra 16.08.2018 & 28.02.2019
8. Odisha 07.08.2018
9. Puducherry 24.10.2018
10. Tamil Nadu 24.10.2018
11. West Bengal 24.10.2018
12. Andaman & Nicobar 21.12.2018 &
19.07.2019
13. Lakshadweep 23.10.2015, 14.01.2019 &
19.07.2019
A copy of the approval letter of CZMPs/ICRZ Plans and IIMPs has been annexed and marked as Annexure R1/2
6. That, the answering Ministry have been continuously following up with the State of Goa for expeditious submission of CZMP as per CRZ Notification 311 to this Ministry for its approval. The Hon'ble NGT in MA No.65/2021 in 0.A No.426 of 2016, vide Order dated 07/10/2021 directed that "if CZMP is not completed even upto 31/12/2021, the concerned Secretary of State of Goa will not be entitled to Salary from 01/01/2022 till the default continues"
7. That, it is further submitted that in supersession of the CRZ Notification, 2011, the Coastal Regulation Zone Notification, 2019 was notified on 18th January, 2019, having specific focus on conservation and management plans of Ecologically Sensitive Areas (ESAs) which did not feature in the CRZ Notification, 2011. A copy of CRZ Notification, 2019, in compliance of the order dated 09.08.2021 of this Hon'ble court in the present matter is annexed herewith and marked as Annexure-R1/3.
8. It is humbly submitted that as per paragraph 6(i) of the CRZ Notification, 2019, "All coastal States and Union territory administrations shall revise or update their respective coastal zone management plan (CZMP) framed under CRZ Notification, 2011 number S.0.19(E), dated 6th January, 2011, as per provisions of this notification and submit to the Ministry of Environment, Forest and Climate Change for approval at the earliest and all the project activities attracting the provisions of this notification shall be required to be appraised as per the updated CZMP under this notification and until and unless the CZMPs is so revised or updated, provisions of this notification shall not apply and the CZMP as per provisions of CRZ Notification, 2011 shall continue to be followed for appraisal and CRZ clearance to such projects."
9. That, in reference to the order dated 16.09.2021 of this Hon'ble Tribunal in the present case (0.A No 134/2015/EZ), this answering Ministry(Respondent no.1&2) has not received a revised/ updated CZMP of the state of West Bengal as per CRZ Notification, 2019, however, this respondent has approved the CZMP for State Government of West Bengal, 6 prepared as per provisions of the CRZ Notification, 2011 vide this Ministry's letter dated 24.10.2018, which is being followed for appraisal and CRZ clearance to projects within CRZ area. A copy of the approval letter for the state of West Bengal dated 24.10.2018 is annexed herewith and marked as Annexure-R1/2. A copy of the order dated 16.09.2021 of this Hon'ble Tribunal is annexed herein as Annexure-R1/4."
WBCZMA
8. We may also note the affidavit filed by the WBCZMA on 06.01.2022 as follows:-
"2. It is respectfully stated before this Tribunal that as per the affidavit filed by Ministry of Environment, Forest and Climate (MOEF &CC), Government of India, it transpires that the Coastal Zone Management Plan (CZMP) as per Coastal Regulation Zone (CRZ) Notification, 2011 for West Bengal was approved by the MOEF&CC on 24.10.2018. However, such communication/approval is not found in the office records of the West Bengal Coastal Zone Management Authority (WBSCZMA). The office records of WBCZMA reveal that the scanned copies of the 72 (seventy two) revised and approved CZMP maps of West Bengal (on scale 1:25000) were received on 22.06.2020 from National Centre for Sustainable Coastal Management (NCSCM), Chennai and the hard copies were received even later. Copy of e-mail of NCSCM dated 22.06.2020 conveying the approved CZMP maps for West Bengal is enclosed herewith and marked as Annexure R/1.
3. On 18.01.2019 the Coastal Regulation Zone Notification,2019 was notified by MoEF&CC. The approved Coastal Zone Management Plan prepared as per Coastal Regulation Zone Notification, 2011 was to be updated to align it with the new CRZ Notification, 2019.The Institute of Environmental Studies and Wetland Management (IESWM), has been entrusted with the work of updation.
4. It is humbly submitted before this Hon'ble Tribunal that the geomorphology of the coastline of West Bengal, being in alluvial delta, is peculiar in nature and different from other States, it has regularly witnessed significant coastline changes due to cyclones such as Amphan, Yaas, Bulbul etc. It has caused devastating soil erosion along the West Bengal coastline. The coastline has gone inland as much as 100-400 meters at several places, thus altering the High Tide Line(HTL), Low Tide Line(LTL) and Ecologically Sensitive Area(ESA) parameters. For precise delineation of the latest HTL,LTL,ESA, it was felt necessary to get the latest WV imageries because of the 7 CZMP,2011 was prepared by using the WV imageries of the year 2011.
5. Initially, NCSCM was approached for providing the latest satellite images but it could not supply the same. Thereafter, National Remote Sensing Centre, Hyderabad was requested for procurement of the Resourcesat satellite images (Resourcesat data (LISS-IV)} and High Resolution World View Satellite image in January, 2021.
6. After getting the Resourcesat data, the table top exercise was started for updation of the CZMP 2011. The High Resolution World View Satellite images have been received in the last week of July 2021. The geo-rectification is time-taking and highly painstaking exercise. The actual work of delineation and updation of HTL,LTL 8G ESA along with geo-rectification has been started from the month of August 2021.
7. In the meanwhile, the Coastal Regulation Zone categories for Purba Medinipur district, as per Coastal Zone Management Plan database of 2011 have already been aligned with Coastal Regulation Zone Notification, 2019. The identification of CRZ-IIIA and CRZ-IIIB matins based on Census data of 2011 has been completed for Purba Medinipur. Geo-rectification of the mangroves and mudflats, infrastructure layers (roads, road-cum- embankment, culvert, sluices, jetties etc. based on recently geo-rectified World View image is ongoing and is nearing completion for Purba Medinipur District.
8. Hereafter, the process forNorth 24 Parganas and South 24 Parganas will be taken up. Considering the significant changes suffered by the coastline especially due to Amphan and Yaas super cyclones in the last two years, and the need for drawing up the coastal maps based on the latest satellite imagery coupled with extensive ground trothing and following other due processes including public/stakeholder consultation, the finalization of the CZMP based on the CRZ Notification, 2019, is expected to be completed by the State authorities in the December, 2022."
9. Further affidavit has been field by WBCZMA on 29.04.2022 as follows:-
"3. It is humbly submitted before this Hon'ble Tribunal that the work of updation of Coastal Zone Management Plan (CZMP), 2011 to align it with Coastal Regulation Zone Notification, 2019 started in July, 2021 after procuring World View (total number of tiles are 53) satellite images and Resourcesat Liss
- IV (total number of tiles are 9) satellite images from National Remote Sensing Centre, Hyderabad, covering 800 mouzas of twenty nine (29) blocks and one (1) municipality of the three coastal districts of West Bengal i.e. Purba Medinipur, South 24 8 Parganas and North 24 Parganas. These satellite images cover a total of 11,242 sq km. (approx.) area of the coastal stretch of the West Bengal. Initially, the work of geo- rectification began for Purba Medinipur district thereafter, the work started for North 24 Parganas and South 24 Parganas districts.
4. The Deponent would like to submit that in compliance with the Order of this Hon'ble Tribunal dated 10.01.2022, the work of geo-rectification of the three coastal districts of the State i.e. Purba Medinipur, North 24 Parganas and South 24 Parganas has been completed. Image processing has been done for the recent satellite images by assigning a coordinate system so that the geo-rectified image has definite coordinate value for each point. During the process of geo-rectification, the recent satellite images were overlaid accurately on the existing satellite images based on which the approved CZMP, 2011 was prepared, to exactly match the geographical features. The approved High Tide Line, Low Tide Line, Ecological Sensitive Areas etc. were also overlaid on the recent satellite images accurately. The places where mismatch was found along the adjacent recent satellite images, Geo-referencing will be done to eliminate these in the next stage."
WBPCB
10. Vide affidavit of 07.01.2022, WBPCB stated as follows:-
"04. That, as per the order of the Hon'ble National Green Tribunal, the State Board caused inspection of the Hotels & Resorts at Mondermoni Sea Beach area, Vill.-Dadanpatrabarh, Selimpur, Kalindi, P.O.-Silampur & Kalindi, on 13.09.2021, 14.09.2021, 23.09.2021 and 24.09.2021. The status of Hotels and Resorts mentioned in the inspection report are as follows:
Annexure I reveals the status of Hotels & Resorts operating with valid Consent to Operate issued by the State Board.
Annexure II reveals the status of Hotels & Resorts operating without valid Consent to Operate of the State Board.
Annexure III reveals the status of Hotels & Resorts which applied for Consent to Operate to the State Board within the stipulated time frame.
Copy of the inspection report along with all the Annexures are enclosed herewith and collectively marked with the letter "R-1".
05. That, the State Board issued a show cause notice vide Memo dated 10.12.2021 to fifty (50) number of Hotels, directing them to explain as to why closure order with disconnection of electricity along with imposition of Environmental Compensation shall not be issued against 9 them, since they are operating without Consent to Operate of the State Board.
Copy of the show cause notice is enclosed herewith and marked with the letter "R-2".
06. That, in response to the show cause notice of the State Board Twenty Nine numbers of hotels submitted their reply which are summarized and enclosed as herewith and mark with Letter "R-3"."
11. The affidavit filed by the State PCB on 05.04.2022 is as follows:-
"4. That, the State Board called for hearing of twenty five number ofhotels/resorts vide memo dated 10.03.2022 and directed them to appear through their Managing Director / Director/ GeneralManager / Proprietor/ Partner accompanied by concerned technical person along with all statutory licenses on 22.03.2022 at,12.09 p.m.onwards, since noncompliance was observed during inspection asreveals from the insepction report dated. 05.16.2021 (Annexure 1).
Total number of hotels in Mandermani Sea Beach area who have obtained. CPO from the State Board is 54 (fifty four), instead o f fifty five:(55) as mentioned in the previous Affidavit-dated. 07.012022.
Consent to Operate was issued only to those hotels who had appliedbefore the State Board within the time period specified by the Hon'ble Tribunal vide 0.A. No. 134/2015/EZ dated 09.08:2017.
Copy of the list of hotels called for hearing on the said date is enclosed herewith and marked with the letter "R/1".
5. That, many hotels located in Mandermain Sea beach area, who have been applying for CFO online before the State Board but the State Board is not in a position to issue CFO to those hotels since they have established violating the Coastal Regulation Zone (CRZ) Notification.
6. That; Nineteen (19) number of hotels out of twenty five (25) number of hotels appeared in the hearing before the State Boardon 22.03.2022. The State Board is going to impose Environmental Compensation (EC) and Bank Guarantee (BG) against those hotels t of the Said 19 number of hotels) who either does not have installed Effluent- Treatment Plant (ETP) or ETP is in defunct/ non operative condition.
For the remaining six (6) number of hotels who did not appear before the State Board in the hearing on 22.03.2022, the State Board is going to give them another opportunity to appear in the hearing before the:State Board.
107. Thai, the State Board vide memo dated 22.03.2022 issued closure Order to fifty (50) number of Hotels/Resorts which are located atMondermoni Sea Beach area, Dist -Purba Medinipore. The saidclosure order was issued against the said fifty number of hotels as they failed to submit valid 'Consent to Operate' issued by the State Board in response to the show cause notice dated-10.12.2021."
12. Annexures give the status of environmental compliance as follows:-
"ANNEXURE - I WBPCB granted Consent to Operate (CFO) to 55 nos. of hotels situated at Mandarmani Sea Beach area (P.O. Silampur & Kalindi, P.S. Manadrmani & Ramnagar, Purba Medinipur) within a stretch of about 10 krn. Date of issuance of CFO, validity of CFO along with present status of the 55 nos. of hotels which was inspected on 13.09.21, 14.09.21, 23.09.21 and 24.09.21 by Board officials is furnished below:
Sl. # Name of unit Consent status Environmental compliance
1. M/s Anutri BeachResort (P) Ltd., Obtained CFO Unit is a hotel having 39 nos. rooms Silampur,Mandarmani, Purba from WBPCB with restaurant which was inspected Medinipur on 12.02.18 on 13.09.21. Unit had installed ETP which is valid which was found non-operational.
upto 30.09.21 Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stack in each case.
2. M/s Mohana Guest House, Obtained CFO Unit is a hotel having 30 rooms Silampur, Mandarmani, Purba on 22.02.18 withrestaurant which was inspected Medinipur from WBPCB on 13.09.21. No ETP was observed which is valid during inspection.
upto 30.09.22. Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
3. M/s Marino Beach Resort, Obtained CFO Unit is a hotel having 37 nos. rooms Silampur, Mandarmani, Purba on 14.0218 with restaurant which was inspected Medinipur from WBPCB on 13.09.21. Unit had installed which is valid ETP which was found non-
upto 30.09.22. operational. Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stack in each case.
4. M/s Viceroy Beach & Spa Resort, Obtained CFO Unit is a hotel having 55 rooms Silampur, Mandarmani, Purba on 28.02.18 with restaurant which was inspected Medinipur from WBPCB on 13.09.21. No ETP was observed which is valid during inspection. Wastewater is upto 30.09.22 being discharged without treatment. Unit had installed green DG sets with proper stacks at each case.
115. M/s Sher Bengal Beach Resort, Obtained CFO Unit is a hotel having 40 rooms with Silampur, Mandarmani, Purba on 12.03.18 restaurant which was inspected on Medinipur from WBPCB 13.09.21. Unit had installed ETP which which is valid was found in operation partially. Unit upto 30.09.22. had installed green DG sets with proper stack in each case.
6. M/s Sea Star Resort, ObtainedCFO Unit is a hotel having 40 nos. rooms Silampur, Mandarmani, Purba on 09.02.18 with restaurant which was inspected Medinipur from WBPCB on 13.09.21. Unit had installed which is valid ETP which was found non-
upto30.09.24. functional. Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stack in each case.
7. M/s ADB Kanvas, ObtainedCFO Unit is a hotel having 34 nos. rooms Silampur, Mandarmani, Purba on 28.02.18 with restaurant which was inspected Medinipur from WBPCB on 13.09.21. No ETP was observed which is valid during inspection.
upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stacks in each case.
8. M/s Debraj Beach Resort, ObtainedCFO Unit is a hotel having 51 rooms with Silampur, Mandarmani, on 13.02.18 restaurant which was inspected on Purba Medinipur from WBPCB 13.09.21. No ETP was observed which is valid during inspection.
upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
9. M/s The Sana Beach, ObtainedCFO Unit is a hotel having 85 rooms with Silampur, Mandarmani, on 16.01.18 restaurant which was inspected on Purba Medinipur from WBPCB 13.09.21. Unit had installed ETP which isvalid which was found in operation upto partially.
31.08.22. Unit had installed green DG sets with proper stack in each case.
10. M/s Dolphin Beach Resort, ObtainedCFO Unit is a hotel having Silampur, Mandarmani, on 21.03.18 28 rooms with restaurant which Purba Medinipur from WBPCB was inspected on 13.09.21. No ETP which isvalid was observed during inspection. upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stacks in each case.
11. M/s Victoria Beach Resort, ObtainedCFO Unit is a hotel having Silampur, Mandarmani, on 28.02.18 46 rooms with restaurant which Purba Medinipur from WBPCB was inspected on 13.09.21.
which is valid Unit's ETP was found under
upto defunct condition. Wastewater is
30.09.22. being discharged without
treatment.
Unit had installed green DG sets with
proper stack in each case.
12
12. M/s The Golden Beach Resort, ObtainedCFO Unit is a hotel having 13 nos. rooms
Silampur, Mandarmani, on 06.02.18 with restaurant which was inspected
Purba Medinipur from WBPCB on 13.09.21. No ETP was observed which is valid during inspection.
upto Wastewater is being discharged 30.09.24. without treatment.
Unit had installed green DG sets with proper stacks in each case.
13. M/s Hotel Sonar Bangla, ObtainedCFO Unit is a hotel having 86 nos. rooms Silampur, Mandarmani, on 06.02.18 with restaurant which was inspected Purba Medinipur from WBPCB on 13.09.21. Unit's ETP was found which is valid partially functional. Unit had installed upto green DG sets with proper stacks in 31.10.22. each case.
14. M/s The Candle Wood Park ObtainedCFO Unit is a hotel having Beach Resort, Dadanpatrabarh, on 12.02.18 25 rooms with restaurant which Kaindi, Ramnagar, Purba from WBPCB was inspected on 13.09.21. Unit had Medinipur which is valid installed ETP which was found non-
upto functional. Wastewater is being 30.09.22. discharged without treatment. On repeated request by unit representative, its ETP was re-
inspected on 24.09.21 and it was observed that the unit had made its ETP partially functional.
Unit had installed green DG sets with proper stacks in each case.
15. M/s Resort The Blue Lagoon, ObtainedCFO Unit is a hotel having 13 nos. rooms Dadanpatrabarh, Kaindi, on 07.03.18 with restaurant which was inspected Ramnagar, Purba Medinipur from WBPCB on 13.09.21. No ETP was observed which is valid during inspection.
upto Wastewater is being discharged
30.09.22. without treatment.
Unit had installed green DG set with
proper stack.
16. M/s Hotel Sea Sand, ObtainedCFO Unit is a hotel having 20 nos. rooms
Dadanpatrabarh, Kaindi, on 12.03.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 14.09.21. No ETP was observed with validity during inspection.
upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
17. M/s Hotel Sankha Bela, ObtainedCFO Unit is a hotel having 22 nos. rooms Dadanpatrabarh, Kaindi, on 28.02.18 with restaurant which was inspected Ramnagar, Purba Medinipur from WBPCB on 14.09.21.
which is valid Unit's ETP was found non-
upto 30.09.24 functional.
Wastewater is being discharged
without treatment.
Unit had installed green DG set with
proper stack.
18. M/s Dream Hut Resort, ObtainedCFO Unit is a hotel having 40 nos. rooms
Dadanpatrabarh, Kaindi, on 14.02.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 14.09.21.
which is valid Unit's ETP was found non-functional. upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG sets with proper stacks in each case.
1319. M/s Hotel Zaika Inn, ObtainedCFO Unit is a hotel having 27 nos. rooms Dadanpatrabarh, Kaindi, on 12.03.18 with restaurant which was inspected Ramnagar, Purba Medinipur from WBPCB on 14.09.21.
which is valid Unit's ETP was found under
upto 30.09.22 defunct condition. Wastewater is
being discharged without
treatment.
Unit had installed green DG set with
proper stack.
20. M/s Aqua Marine Drive Inn, ObtainedCFO Unit is a hotel having 35 nos. rooms
Dadanpatrabarh, Kaindi, on 09.02.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 14.09.21. No ETP was observed which is valid during inspection.
upto Wastewater is being discharged
30.09.22. without treatment.
Unit had installed green DG set with
proper stack.
21. M/s Hotels Diamond Glory (P) ObtainedCFO Unit is a hotel having 30 nos. rooms
Ltd., on 18.07.18 with restaurant facility.
Dadanpatrabarh, Kaindi, from WBPCB At the time of inspection on 14.09.21,
Ramnagar, Purba Medinipur which is valid the unit representative did not
upto 31.03.23 assist to observe the present
status of its ETP.
22. M/s Resort Panthatirtha, ObtainedCFO Unit is a hotel having 35 nos. rooms
Dadanpatrabarh, Kaindi, on 16.01.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 14.09.21.
which is valid No ETP was observed during
upto 30.09.21 inspection.
Wastewater is being discharged
without treatment.
Unit had installed green DG sets with
proper stacks in each case.
23. M/s Royal Heritage, ObtainedCFO Unit is a hotel having 25 nos. rooms
Dadanpatrabarh, Kaindi, on 16.01.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 14.09.21. No ETP was observed which is valid during inspection.
upto 30.09.22 Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
24. M/s Liv Sea Valley, Obtained CFO Unit is a hotel having 26 nos. rooms with Dadanpatrabarh, Kaindi, on 13.02.18 restaurant which was inspected on Ramnagar,Purba Medinipur from WBPCB 14.09.21. No ETP was observed during which is valid inspection. Wastewater is being upto 31.10.22. discharged without treatment.
Unit had installed green DG set with proper stack.
25. M/s Resort Garden Retreat, Obtained CFO Unit is a hotel having 24 nos. rooms with Dadanpatrabarh, Kaindi, on 24.05.18 restaurant which was inspected on Ramnagar, Purba Medinipur from WBPCB 14.09.21. Unit's ETP was found under which is valid defunct condition. Wastewater is upto 31.01.23 being discharged without treatment.
Unit had installed green DG sets with proper stacks in each case.
1426. M/s Sonargaon Beach Resort, Obtained CFO Unit is a hotel having 16 nos. rooms with Dadanpatrabarh, Kaindi, on 31.07.18 restaurant which was inspected on Ramnagar, Purba Medinipur from WBPCB 14.09.21.
which is valid upto 30.09.24 No ETP was observed during inspection.
Wastewater is being discharged without treatment.
Unit had installed DG set (not green one) without acoustic enclosure and proper stack
27. Unit is a hotel having 43 nos. rooms with restaurant which was inspected Obtained CFO on 14.09.21.
on 16.01.18 M/s Oyezterbay Hotel & Resort, from WBPCB No ETP was observed during Dadanpatrabarh, Kaindi, which is valid inspection. Wastewater is being Ramnagar, Purba Medinipur upto 30.01.22 discharged without treatment.
Unit had installed green DG set with proper stack.
28. M/s United 21 Beach View, Obtained CFO Unit is a hotel having 48 nos. rooms Dadanpatrabarh, Kaindi, on 06.02.18 with restaurant which was inspected Ramnagar, Purba Medinipur from WBPCB on 14.09.21. Unit's ETP was found which is valid non-functional. Wastewater is being upto 30.09.22. discharged without treatment.
Unit had installed green DG set with proper stack.
29. M/s The Sea Horse, Obtained CFO Unit is a hotel having 48 nos. rooms Dadanpatrabarh, Kaindi, on 14.02.18 with restaurant which was inspected Ramnagar,Purba Medinipur from WBPCB on 14.09.21. Unit's ETP was found which is valid non-functional. Wastewater is being upto 30.09.24 discharged without treatment.
Unit had installed green DG set with proper stack.
30. M/s Majumder Resort & Hotels Obtained CFO Unit is a hotel having 41 nos. rooms (P) Ltd., Dadanpatrabarh, on 15.01.18 with restaurant facility which was Klaindi, Ramnagar, Purba from WBPCB inspected on 14.09.21.
Medinipur which is valid
upto 31.10.22 Unit's ETP was found non-functional.
Wastewater is being discharged
without
treatment.
Unit had installed green DG set with
proper stack.
31. M/s Hotel Prince, Silampur, ObtainedCFO Unit is a hotel having 10 nos. rooms
Mandarmani, Purba on 24.05.18 with restaurant facility which was
Medinipur from WBPCB inspected on 23.09.21. Construction of which is valid additional rooms was going on as upto 30.09.22. expansion project of the hotel. Unit's ETP was found in defunct condition.
Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
32. M/s Digante Resorts & Tourism Obtained CFO Unit is a hotel having 28 nos. rooms Pvt. Ltd., on 28.02.18 with restaurant facility which was Silampur, Mandarmani, Purba from inspected on Medinipur WBPCB which 23.09.21. During inspection, the is valid upto unit was 30.09.22. found not in operation.
It's ETP was found non-functional.
1533. M/s Hotel Tarangamala, Obtained CFO Unit is a hotel having 50 nos. rooms Silampur, Mandarmani, Purba on 21.03.18 with restaurant facility which was Medinipur from inspected on 23.09.21.
WBPCB which Unit's ETP was partially functional. is valid upto Unit had installed green DG set with 31.03.23. proper stack.
34. M/s Mandaar Quin (Reshme Obtained CFO Unit is a hotel having 36 nos. rooms Plaza), Silampur, Mandarmani, on 25.07.18 with restaurant facility which was Purba Medinipur from inspected on 23.09.21.
WBPCB which No ETP was observed during
is valid upto inspection.
30.09.22. Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
35. M/s Santiniketan Hotel & Resort, Obtained CFO Unit is a hotel having 30 nos. rooms Silampur, Mandarmani, Purba on 09.02.18 with restaurant facility which was Medinipur from inspected on 23.09.21. Unit's ETP WBPCB which was found in defunct condition. is valid upto Wastewater is being discharged 30.09.22. without treatment.
Unit had installed green DG set with proper stack.
36. M/s Calypso Hotel & Resort, Obtained CFO Unit is a hotel having G + 1 storied Dadanpatrabarh, Klaindi, on 24.04.18 building which was closed from Ramnagar, Purba Medinipur from WBPCB outside as observed during inspection which is valid (from outside of the unit premises) on upto 23.09.21.
30.09.24.
37. M/s Hotel Mainak, ObtainedCFO Unit is a hotel having 15 nos. rooms Dadanpatrabarh, Sonamui, on 06.04.18 with restaurant facility which was Ramnagar, Purba Medinipur from inspected on 23.09.21.
WBPCB No ETP was observed during
which is inspection.
valid upto Wastewater is being discharged
28.02.23. without treatment.
Unit had installed green DG set with
proper stack.
38. M/s Neel Nirjaney, ObtainedCFO Unit is a hotel having 30 nos. rooms
Dadanpatrabarh, Klaindi, on 24.02.18 with restaurant facility which was
Ramnagar, Purba Medinipur from inspected on 23.09.21. No ETP was WBPCB observed during inspection.
which is Wastewater is being discharged
valid upto without treatment.
30.09.22. Unit had installed green DG set with proper stack.
39. M/s Monsoon Resort, Obtained Unit is a hotel having 16 nos. rooms Dadanpatrabarh, Klaindi, CFO with restaurant which was inspected Ramnagar, Purba Medinipur on 06.02.18 on 23.09.21. Unit's ETP was found from non functional.
WBPCB Wastewater is being discharge
which is dwithout treatment.
valid upto Unit had installed green DG set with
30.09.24. proper stack.
16
40. M/s Sun View Resort, Obtained CFO Unit is a hotel having 18 nos. rooms
Dadanpatrabarh, Kaindi, on 09.02.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 23.09.21. No ETP was observed which is valid during inspection.
upto Wastewater is being discharged
30.09.24. without treatment.
Unit had installed green DG set with
proper stack.
41. M/s Resort Priyajit Pvt. Ltd., Obtained CFO Unit is a hotel having 8 nos. rooms
Dadanpatrabarh, Kaindi, on 12.03.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 24.09.21. Unit's ETP was found in which is valid defunct condition.
upto Wastewater is being 30.09.24. discharged without treatment.
Unit had installed green DG set with proper stack.
42. M/s Belabhumi, Obtained CFO Unit is a hotel having 14 nos. rooms Dadanpatrabarh, Kaindi, on 28.02.18 with restaurant facility which was Ramnagar, Purba Medinipur from WBPCB inspected on 24.09.21.
which is valid Unit's ETP was found non-
upto functional.
30.09.24. Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
43. (a) M/s Hotel Samudra Obtained CFO (a) Unit is a hotel having 14 nos.
Sakshi (Land side), on 27.03.18 rooms with restaurant facility which Dadanpatrabarh, Kaindi, from was inspected on 24.09.21.
Ramnagar, Purba Medinipur WBPCB No ETP was observed during
which is inspection.
(b)M/s Hotel Samudra Sakshi valid upto Wastewater is being discharged
(sea side), Dadanpatrabarh, 30.09.24. without treatment. Kaindi, Ramnagar, Unit had installed DG set (not green Purba Medinipur one) without acoustic enclosure and proper stack.
(b) Unit is a hotel having 24 nos. rooms without restaurant facility whichwas inspected on 24.09.21.
Unit had installed green DG set with proper stack.
44. M/s Ma Saradamoyee Resort, ObtainedCFO This is a hotel having G + 1 storied Dadanpatrabarh, Kaindi, on 24.05.18 building which was not in operation Ramnagar, Purba Medinipur from as its renovation work was going on WBPCB observed during inspection on which is 24.09.21.
valid upto 31.12.22.
45. M/s Star Inn Resort, ObtainedCFO Unit is a hotel having 20 nos. rooms Dadanpatrabarh, Kaindi, on 24.05.18 with restaurant which was inspected Ramnagar, Purba Medinipur from on 24.09.21. Unit's ETP was found in WBPCB defunct condition.
which is Wastewater is being discharged
valid upto without treatment.
31.03.25. Unit had installed DG set (not green one) without acoustic enclosure and proper stack.
1746. M/s Blooming Star Guest House, Obtained Unit is a hotel having 12 nos. rooms Dadanpatrabarh, Kaindi, CFO with restaurant facility which was Ramnagar, Purba Medinipur on 06.02.18 inspected on 24.09.21. Unit's ETP from was found non-functional.
WBPCB Wastewater is being
which is discharged without treatment.
valid upto Unit had installed green DG set with
30.09.24. proper stack.
47. M/s Bombay Beach Resort, ObtainedCFO Unit is a hotel having 30 nos. rooms
Dadanpatrabarh, Kaindi, on 18.07.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 24.09.21. Unit's ETP was found in which is valid dismantle condition.
upto Wastewater is being discharged
30.09.22. without treatment.
Unit had installed green DG set with
proper stack.
48. M/s Star Inn Resort, ObtainedCFO Unit is a hotel having 8 nos. rooms
Dadanpatrabarh, Kaindi, on 24.05.18 with restaurant which was inspected
Ramnagar, Purba Medinipur from WBPCB on 24.09.21. No ETP was observed which is valid during inspection.
upto Wastewater is being discharged
31.03.25. without treatment.
Unit had installed DG set (not green
one) without acoustic enclosure and
proper stack.
49 M/s A B P Hotels & Resort Pvt. ObtainedCFO Unit is a hotel having 34 nos. rooms
Ltd. (Massara Beach Resort) on24.04.2018 with restaurant which was inspected
Sonamui, Ramnagar, Purba from WBPCB on 23.09.21. No ETP was observed Medinipur which is valid during inspection.
upto Wastewater is being
31.08.2022 discharged without treatment.
Unit had installed green DG set with
proper stack.
50 M/s Hotel Landmark ObtainedCFO No one was present to assist the
Dadanpatrabarh,Ramnagar, on16.02.2018 inspecting team.
Purba Medinipore from WBPCB
which is valid
upto
30.09.2022
51 M/s Samrat Holiday Inn. ObtainedCFO No one was present to assist the
Silampur, Ramnagar, Purba on18.07.2018 inspecting team.
Medinipur from WBPCB
which is valid
upto
30.09.2024
52 M/s Hotel Costal View Obtained CFO No one was present to assist the
Dadanpatrabar, Ramnagar, from WBPCB inspecting team.
Purba Medinipur on
12.07.2018
which is valid
upto
30.09.2022
18
53 M/s Eco Villa Resort Obtained CFO No one was present to assist the
Silampur, Ramnagar, Purba from WBPCB inspecting team.
Medinipur on
22.06.2018
which is valid
upto
30.09.2024
54 Sea And Resort Obtained No one was present to assist the
Mandarmoni, Ramnagar, Purba CFO from inspecting team.
Medinipore WBPCB on
21.03.2018
which is
valid upto
30.09.2022
55 M/s Petrel Beach Resort (Balaji Obtained No one was present to assist the
Beach Resrt) CFO from inspecting team.
Sonamui, Kalindi, Ramnagar, WBPCB on
Purba Medinipur 15.11.2018
which is
valid upto
30.09.2024
ANNEXURE - II
Inspection was carried out on 13.09.21, 14.09.21, 23.09.21 and 24.09.21 by Board officials to 43 nos. of hotels situated at Mandarmani Sea Beach area (P.O. Silampur & Kalindi, P.S. Manadrmani & Ramnagar, Purba Medinipur) within a stretch of about 10 km and these hotels have either not yet obtained CFO from WBPCB or not produced CFO of WBPCB. Present status of the 43 nos. of hotels is furnished below:
SI. # Name of unit Consent status Environmental compliance
1. M/s Golden Sea Queen Beach Not produced Unit is a hotel having 25 rooms Resort, CFO of WBPCB with restaurant which was inspected Silampur, Mandarmani, Purba at the time of on 13.09.21. No ETP was observed Medinipur Inspection or during inspection.
within two days Wastewater is being discharged from inspection. without treatment.
Unit had installed green DG set with proper stack.
2. M/s Classic Beach Resort, Not produced Unit is a hotel having 20 nos. rooms Silampur, Mandarmani, Purba CFO of WBPCB with restaurant which was inspected Medinipur at the time of on 13.09.21. No ETP was observed Inspection or during inspection.
within two days Wastewater is being discharged
from inspection. without treatment.
Unit had installed DG set (not green
one) without any acoustic enclosure.
3. M/s Samudra Bilas Beach Resort, Not obtained Unit is a hotel having 22 nos. rooms
Silampur, Mandarmani, Purba CFO from with restaurant which was inspected
Medinipur WBPCB as on 13.09.21. No ETP was observed stated by unit during inspection.
representative Wastewater is being discharged
during without treatment.
inspection. Unit had installed green DG set with
proper stack.
Unit was running without CFO of
WBPCB.
19
4. M/s Grand Beach Resort, Not produced Unit is a hotel having 17 nos. rooms
Silampur, Mandarmani, Purba CFO of with restaurant which was inspected
Medinipur WBPCB at the on 13.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
5. M/s Hotel Dreamland (P) Ltd., Not produced Unit is a hotel having 27 nos. rooms
Silampur, Mandarmani, Purba CFO of with restaurant which was inspected
Medinipur WBPCB at the on 13.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
6. M/s Penguin Beach Resort Not produced Unit is a hotel having 24 rooms
Mandermoni, CFO of with restaurant which was inspected
Silampur, Mandarmani, Purba WBPCB at the on 13.09.21.
Medinipur time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
7. M/s Hotel Hindustan Inn, Not obtained Unit is a hotel having 22 rooms
Silampur, Mandarmani, Purba CFO of with restaurant which was inspected
Medinipur WBPCB as on 13.09.21. No ETP was observed stated by unit during inspection.
representative Wastewater is being discharged
during without treatment.
inspection.. Unit had installed green DG set with
proper stack.
8. M/s Arya Beach Resort, Not produced Unit is a hotel having 29 nos. rooms
Silampur, Mandarmani, Purba CFO of with restaurant which was inspected
Medinipur WBPCB at the on 13.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
9. M/s Bijoy Beach Resort, Not produced Unit is a hotel having 21 rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 13.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection, proper stack.
10. M/s Hotel Nilkantha, Not obtained Unit is a hotel having 38 nos. rooms
Dadanpatrabarh, Klaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB. on 13.09.21. No ETP was observed during inspection.
Wastewater is being discharged without treatment.
Unit had installed green DG set with proper stack.
Unit was running without CFO of WBPCB.
2011. M/s Resort Hirak Jayanti, Not produced Unit is a hotel having 28 nos. rooms Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected Ramnagar, Purba Medinipur WBPCB at the on 14.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
12. M/s Shetpari, Not produced Unit is a hotel having 21 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 14.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection, proper stack.
13. M/s Shinjini Resort, As per present Unit has lodging facility having 20 nos.
Dadanpatrabarh, Kaindi, categorization rooms without restaurant which was
Ramnagar, Purba Medinipur of industries inspected on 14.09.21.
by WBPCB,
unit falls
under
exempted
category
14. M/s Akankha Beach Resort, As per Unit is a lodge having 23 nos. rooms
Dadanpatrabarh, Kaindi, present without restaurant facility which was
Ramnagar, Purba Medinipur categorization inspected on 14.09.21.
of Unit had installed DG (not green one)
industries by set without acoustic enclosure and
WBPCB, unit proper stack.
falls under
exempted
category
15. M/s T. N. Resort, Not produced Unit is a hotel having 20 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 14.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
16. M/s Mandarmani Village Resort, Not produced During inspection on 23.09.21, it
Silampur, Mandarmani, CFO of was observed that the hotel was locked
Purba Medinipur WBPCB at the from outside and no one was present
time of within its premises as observed from
inspection or outside.
within two
days from
inspection.
17. M/s Resort Sagar Bristi, Not produced Unit is a hotel having 6 nos. rooms with
Silampur, Mandarmani, CFO of restaurant facility which was inspected
Purba Medinipur WBPCB at the on 23.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed DG set (not green
one) without acoustic enclosure and
proper stack.
21
18. M/s Sea Queen Beach Resort, Not produced Unit is a hotel having 9 nos. rooms with
Silampur, Mandarmani, CFO of restaurant facility which was inspected
Purba Medinipur WBPCB at the on 23.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
19. M/s Grand Mandermoni, Not produced Unit is a hotel having 18 nos. rooms
Silampur, Mandarmani, CFO of with restaurant facility which was
Purba Medinipur WBPCB at the inspected on 23.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
20. M/s Hotel Gloria, Not produced Unit is a hotel having 16 nos. rooms
Silampur, Mandarmani, CFO of with restaurant facility which was
Purba Medinipur WBPCB at the inspected on 23.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
21. M/s Suncity Resorts, Not produced Unit is a hotel having 40 nos. rooms
Silampur, Mandarmani, CFO of with restaurant facility which was
Purba Medinipur WBPCB at the inspected on 23.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being
days from discharged without
inspection. treatment.
Unit had installed green DG set with
proper stack.
22. M/s Monika Beach Resort, As per present Unit is a lodge having 14 nos. rooms
Silampur, Mandarmani, categorization without restaurant which was
Purba Medinipur of industries inspected on 23.09.21.
by WBPCB,
unit falls
under
exempted
category
23. M/s Aryans Sea sight Resort Not produced Unit is a hotel having 11 nos. rooms
(Oak Beach & Resort), CFO of with restaurant facility which was
Dadanpatrabarh, Klaindi, WBPCB at the inspected on 23.09.21.
Ramnagar, Purba Medinipur time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
24. M/s Resort Sunrise, Not produced Unit is a hotel having 16 nos. rooms
Dadanpatrabarh, Klaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 23.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed DG set (not green
inspection. one) without acoustic enclosure and
proper stack.
22
25. M/s Resort Mandermoni, Not produced Unit is a hotel having 16 nos. rooms
Dadanpatrabarh, Klaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 23.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
26. M/s Sathi Restaurant, Not produced Unit is a hotel having 5 nos. rooms with
Dadanpatrabarh, Klaindi, CFO of restaurant which was inspected on
Ramnagar, Purba Medinipur WBPCB at the 23.09.21. No ETP was observed during time of inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed DG set (not green
inspection. one) without acoustic enclosure and
proper stack.
27. M/s Hotel Spot Light, Not produced Unit is a hotel having 7 nos. rooms with
Sonamui, Ramnagar, Purba CFO of restaurant facility which was inspected
Medinipur WBPCB at the on 24.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection.
28. M/s Beach Walk Resort, Not produced Unit is a hotel having 9 nos. rooms with
Sonamui, Ramnagar, Purba CFO of restaurant facility which was inspected
Medinipur WBPCB at the on 24.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
29. M/s A B Resort, Not produced Unit is a hotel having 18 nos. rooms
Sonamui, Ramnagar, Purba CFO of with restaurant facility which was
Medinipur WBPCB at the inspected on 24.09.21.
time of Unit's ETP was found in defunct
inspection or condition.
within two Wastewater is being discharged
days from without treatment.
inspection.
30. M/s Deep Sea Beach Resort, Not produced Unit is a hotel having 10 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 24.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed DG set (not green
inspection. one) without acoustic enclosure and
proper stack.
31. M/s Hotel Sindhu Kanya, Not produced Unit is a hotel having 20 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, WBPCB at the on 24.09.21. No ETP was observed Purba Medinipur time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from
inspection.
23
32. M/s Swan Sea, Not produced This is a new hotel which was locked
Dadanpatrabarh, Kaindi, CFO of from outside as observed during
Ramnagar, Purba Medinipur WBPCB at the inspection (from outside of the unit
time of premises) on 24.09.21.
inspection or
within two
days from
inspection.
33. M/s Blue Stone, Not produced This is a new hotel which was locked
Dadanpatrabarh, Kaindi, CFO of from outside as observed during
Ramnagar, Purba Medinipur WBPCB at the inspection (from outside of the unit
time of premises) on 24.09.21.
inspection or
within two
days from
inspection.
34. M/s Sagar Hotel & Restaurant, Not produced Unit is a hotel having 5 nos. rooms with
Dadanpatrabarh, Kaindi, CFO of restaurant which was inspected on
Ramnagar, Purba Medinipur WBPCB at the 24.09.21. No ETP was observed during time of inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed DG set (not green
inspection. one) without acoustic enclosure and
proper stack.
35. M/s Hotel Samudra Saikat, Not produced Unit is a hotel having 6 nos. rooms with
Dadanpatrabarh, Kaindi, CFO of restaurant which was inspected on
Ramnagar, Purba Medinipur WBPCB at the 24.09.21. No ETP was observed during time of inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed DG set (not green
inspection. one) without acoustic enclosure and
proper stack.
36. M/s Resort Sonar Tani, Not produced Unit is a hotel having 15 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, WBPCB at the on 24.09.21. No ETP was observed Purba Medinipur time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
37. M/s Ajoy Minar Resort, Not produced Unit is a hotel having G + 2 storied
Dadanpatrabarh, Kaindi, CFO of building which was inspected on
Ramnagar, Purba Medinipur WBPCB at the 24.09.21. The hotel was not in time of operation and no one was present to inspection or assist the inspecting officer.
within two
days from
inspection.
38. M/s Sonar Bangla Resort, Not produced Unit is a hotel having 20 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant facility which was
Ramnagar, Purba Medinipur WBPCB at the inspected on 24.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed green DG set with
proper stack.
24
39. M/s Galaxy Beach Resort, Not produced Unit is a hotel having 15 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 24.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
40. M/s Alley Beach Resort, Not produced Unit is a hotel having 10 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 24.09.21. No ETP was observed time of during inspection.
inspection or Wastewater is being discharged
within two without treatment.
days from Unit had installed green DG set with
inspection. proper stack.
41. M/s Samriddha Beach Resort, Not produced This is a new hotel having ground floor
Dadanpatrabarh, Kaindi, CFO of only which was closed from outside as
Ramnagar, Purba Medinipur WBPCB at the observed during inspection (from
time of outside of the unit p remises) on
inspection or 24.09.21.
within two
days from
inspection.
42. M/s Mandarmoni Beach Resort, Not produced Unit is a hotel having 13 nos. rooms
Dadanpatrabarh, Kaindi, CFO of with restaurant which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 24.09.21. No ETP was observed time of during inspection. Unit has not yet inspection or started operation.
within two Unit had installed green DG set with
days from proper stack.
inspection.
43. M/s Resort Royal Beach, Not produced Unit is a hotel having 4 nos. rooms with
Dadanpatrabarh, Kaindi, CFO of restaurant facility which was inspected
Ramnagar, Purba Medinipur WBPCB at the on 24.09.21.
time of No ETP was observed during
inspection or inspection.
within two Wastewater is being discharged
days from without treatment.
inspection. Unit had installed DG set (not green
one) without acoustic enclosure and
proper stack.
Affidavits of hotels/restaurants/resorts
13. Affidavit of hotels/restaurants/resorts are identical and by way of sample, reference may be made to additional affidavit filed by Respondent No. 37 as follows:-
"3. By an order dated 28th February, 2017, this Hon'ble Tribunal was pleased to direct the parties to comply with the order dated 6th December, 2016.
4. Your respondent states that, thereafter, they continued to interact with the authorities to obtain the requisite documents clearance but on 25 every occasion they were informed that they are required to get the HTL, and LTL demarcated by the authorities approved by the Ministry' of Environment and Forest.
5. Finding no other alternative, to comply with the solemn order of this Hon'ble Tribunal we submitted the Form-11 being the Application Form for Environment Clearance with the documents available with us to Pollution Control Board.
6. On 13thApril 2017 when the said matter was taken up for hearing, the above facts were submitted on behalf of all the private respondents/Hoteliers , when the Hon'ble Tribunal was pleased to direct the authorities to consider the applications filed for environment clearance and to submit a report. By the said order the Hon'ble Tribunal was further pleased to direct the authorities to furnish the documents as may be required by the hoteliers.
I state, further during the continuance of the proceedings the said matter was taken up for hearing on 9th August 2017 by this Hon'ble Tribunal and after hearing all the parties the Hon'ble Tribunal was pleased to adjourned the matter sine die with inter alia following direction:
i) No new hotels- shall be permitted to be constructed' or started in the Mandarmoni Beach other than those which are presently operating.
ii) The present hotels being run shall apply for, consent to establish and consent to operate from the Pollution Control Board, if they have not applied thus far, within a period of four weeks from hence.
iii) Upon receipt of such applications, the State Pollution Control Board shall consider and dispose of the applications by either granting or refusing such consents on the merits of each case.
The applications which are pending before the Pollution Control Board shall also be disposed of by them.
iv) All applications shall be disposed of within a period of eight weeks from the dates of submission.
v) While considering the applications for consents submitted by the hotelier; the West Bengal State Pollution Control Board shall dispense with the requirement of clearance from the West Bengal Coastal Management Authority for the time being.
vi) If the hoteliers fail to file their applications within the time specified above or such further time as may be granted by the Pollution Control Board, they shall forfeit their rights to do so.
vii) The WBPCB shall ensure that all the hotels comply with the pollution norms having regard to the mandatory requirements of the Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974.
26viii) They shall also ensure that all other requirements prescribed by the MOEF in various notifications issued by them shall be complied with.
ix) In addition to above, the Pollution Control Board shall also ensure that the hoteliers do not use generators that do not conform to the regulatory norms which in the colloquial parlance is called "Black Generator".
x) The concerned District Magistrate and Superintendent of Police shall coordinate with the Pollution Control Board in enforcing such requirement.
A copy of the said order dated 9th August 2017 downloaded from the official website of the tribunal is annexed hereto and marked with the letter "A"
8. Your respondent states that the Hon'ble Tribunal has given liberty to all the hoteliers/respondents to file their affidavits in the meanwhile in the Registry.
9. The respondent submits that being an operating unit as on the dated of the said order and in compliance within the said order an application was made before the West Bengal Pollution Control Board following the check list supplied by the authority and said application was submitted before the authority for consideration.
10, Your respondent states that after filing of the said application the West Bengal Pollution Control Board by vide its Memo No. 6394- 2832/WPB(HRO)-nwc/12 dated 13/02/2018 issued the consent to establish with certain terms and conditions and by vide Memo No. 6395-hl-co-0/17/0437 also issued the on 13/02/2018 The Consent to operate U/S 27 86 26 of the Water (Prevention and Control of Pollution Act 1974) and the said Certificate is valid till 30/09/2022 The photocopy of the said consent to establish dated 13/2/2018 and consent to operate dated 13/02/2018, are anneexed herewith and collectively marked as annexure "B".
11. Your respondent submits that in compliance with the order of the Hon'ble Tribunal and to protect the environment an Effluent Treatment Plant also has been already installed in the premises and it is already functioning and using Green Generators.
I say that it is however pertinent to mention here that due to covid 19 pandemic the business of your respondent was totally collapsed and due to restriction imposed by Government one business of the Hotels at Mondermoni also almost closed alike other tourist places in India. Simultaneously due to natural calamity like Amphan and Yash severe damage was caused to the- premises as well as The Effluent Treatment Plant was damaged and for that reason due to repairing and maintenance that plant for some day was not functioning reason beyond control to your respondent. It is pertinent to mention here further the local administration also did not allow to take up any repairing work including repairing ETP or did 27 not allowed to repair the broken wall and ceased the building materials and also arrested the labour engaged in the said work. Subsequently after a joint meeting of local administration and hotel association the said problem was sorted out and accordingly after such reinstallation now the Effluent Treatment Plant could be repaired and is in full operation.
A copy of the current analysis report of solid and liquid wastage along with some photographs of the plant annexed herewith collectively marked with the letter "C" for identification."
Consideration, finding and directions
14. We have heard learned Counsel for the parties and considered the matter.
15. It appears to be clear from the record referred to above that all the hotels, restaurants, resorts in question are operating in utter disregard of law leading to irreversible damage to coastal environment. There does not appear to be enforcement of CRZ notification and its provisions including in No Development Zone. CZMP is said to be not even available with the WBCZMA, though as per record the same was duly approved in 1996 and is in public domain. It was further revised in 2018 which is also in public domain, as shown by affidavit of the MoEF&CC. Further, mere fact that there is a proposal to revise the CZMP can be no ground to enforce the same. It is difficult to understand how revision exercise is proceeding in absence of approved CZMP. There is thus gross violation not only of CRZ notification but also of repeated judgements of the Hon'ble Supreme Court inter alia in Maradu case, (Kerala State Coastal Zone Management Authority vs. State of Kerala, Maradu Municipality (2019) 7 SCC 248).
Therein constructions raised in violation of CRZ Notification dated 19.02.1991 including in CRZ-III area upto 200 mtrs. from the HTL were directed to be demolished. Reference was also made by the Hon'ble Supreme Court to the approved draft Notification CZMP, 1996 for the area in question which has to be operative till any modification.
2816. In the present context, we find that as per letter dated 27.09.1996 addressed by the MoEF&CC to the State of West Bengal, the CZMP of the State of West Bengal, submitted on 10.04.1996, was duly approved with modifications as follows:-
"The Coastal Zone Management Plan of West Bengal State submitted vide letter No. EN/437/IE-46/87(Pt. II) dated 10.04.96 and other letters in this regard has been examined.
2. I am directed to convey its approval in accordance with the powers vested in Central Government l under section 3 (3) (i) of CRZ Notification, 1991, subject to incorporating the following conditions/modifications:-
A. GENERAL CONDITIONS:-
(i) All the relevant provisions of the Central Regulation Zone (CRZ) Notification, 1991 as amended in 1994 (after incorporating directions given by the Hon'ble Supreme Court vide its judgment dated 18.04.1996) shall be strictly incorporated in the CZMP.
(ii) No activity that has been declared as prohibited, under Section 2 of the CRZ Notification, 1991 shall be carried out within the Coastal Regulation Zone.
(iii) The permissible activities shall be regulated in accordance with Section 3 and follow the norms for regulation as indicated in section 6 (2) of CRZ Notification, 1991, as amended in 1994.
(iv) The classification of Coastal Regulation Zone shall be in accordance with Annexure-I, Section 6 (1). For development of Beach Resorts/ Hotels in the designated areas of CRZ-III, the guidelines indicated under Annexure-II shall be followed.
(v) In addition to the information already available with Government of West Bengal, all ecologically important and sensitive areas shall be demarcated on the basis of the following sources of information and be classified as CRZ-I.
a) National Parks, Sanctuaries and Marine Parks - Information published, made available by Ministry of Environment & Forests (MOEF)
(b) All reserve and protected Forests --- As marked in the Forest Atlas updated through Biennial Forest Report Status published by Forest Survey of India (Scale 1:50,000).
(c) Mangroves, Mudflats, Coral reefs/Corals - Maps prepared on the basis of Satellite Imagery in the Scale of 1:25,000 by Space Application Centre, Ahmadabad and the information as published by MOEF.
29(d) Breeding grounds for turtles, horse shoe crabs -- Wildlife Institute, Dehradun.
(e) Historical and Heritage sites - As listed with Archaeological Survey of India, State Departments of Archaeology, Culture and Tourism in addition to the sites, if any, mentioned under specific conditions of this letter.
(f) Areas rich in genetic diversity - Information published/furnished by MOEF.
(g) Areas of outstanding natural beauty- State Government of West Bengal to decide keeping in view the generally recognized perception regarding such areas.
(h) Sea level rise due to global warming - National institute of Oceanography, Goa.
In case requisite information is not available from the sources mentioned above, information obtained from other sources may be used after approval of MOEF.
(vi) On the basis of further studies or in the event of any additional such information brought to the notice of State/Central Government, all reas that are ecologically sensitive and important (as per CRZ Notification) shall be classified as CRZ-I by the Government of West Bengal with the prior approval of MoEF.
vii) The State Governments which have prepared maps on 1:25,000 scale through Satellite Imagery for the purpose of delineating the HTL, shall submit these maps to the Chief Hydrographer, Govt. of India for the purpose of demarcation. Those State Governments which were not in a position to prepare the maps in this manner, should submit them to the Chief Hydrographer, Govt. of India for the purpose of vetting. It is advisable that whenever there is any doubt, any development activity should only be permitted after ground measurements from the HTL taking into consideration marks left by water, presence of mangroves, mudflats and beach.
(viii) Government of West Bengal shall delineate LTL, HTL, 200 metres, 500 metres lines and other relevant lines in respect of creeks, backwaters and rivers affected by tidal action so that distances can be measured whenever required.
(ix) An uninhabited islands would be classified as CRZ-I (subject to continuation of existing traditional rights, special rights and customary uses) except those islands which have been approved by MoEF as CRZ- IV. In case of uninhabited islands classified as CRZ-I, in exceptional cases should a carrying Capacity Study establish that the proposed development will not have adverse ecological impacts, those particular islands Could be re-classified as CRZ-IV, subject to prior approval of Ministry of Environment & Forests.
(x) Government of West Bengal shall ensure that all development and activities in CRZ areas take place within the 30 framework of the approved Coastal Zone Management Plan. Violations shall be subject to the provisions of Environmental (Protection) Act, 1988 and other relevant laws.
(xi) Government of West Bengal or any other Authority so designated shall be responsible for monitoring and enforcement of the provisions of CRZ Notifications and CZMP.
(xii) Approval of this CZMP would not imply approval of any proposed project such as roads, airports, jetties, ports and harbours, building etc.;, indicated in the plan/map.
(xiii) All mangroves with an area of 1000 sqare metres or more would be classified as CRZ-I with a buffer zone of at least 50 metres.
(xiv) Dradged material will not be disposed within the CRZ area.
(xv) Sand dunes are classified as CRZ-I. (xvi) Parks, Play grounds, regional parks, green zones and other non- buildable areas falling within CRZ-Il areas are categorized as CRZ-III.
(xvii) Government of West Bengal shall not make any changes in the approved categorization of CRZ areas without prior approval of Ministry of Environment & Forests, Government of India.
(xvii) Government of West Bengal will give wide publicity to CZMP and indicate the list of places where it is available /can be inspected.
B SPECIAL CONDITIONS/MODIFICATIONS/CLASSIFICATIONS
i) For Digha Development Area, sectors A-1, B-5, F-1 F-2, 1 & N are categorized as CRZ-III. The sectors B-1, B-2, B-3, B-4. B-7, C-5, E & E3 are categorized as CRZ-II.
(ii) In case of Haldia Development Area, the area proposed by the State Government which includes the Haldia Port Complex Area only is categorized as CRZ-II. The CRZ for Haldia shall be 100m from the HTL.
(iii) In case of river Hooghly. CRZ regulations will be applicable upto Southern Municipal limit of Diamond Harbour Municipally and not upstream of this limit.
iv) A CRZ of 500m throughout will be applicable for Hooghly river, except for the portion of Haldia area as shown in the approved map, where it will be reduced to 100m.
(v) In case of Haldi river, the CRZ will be applicable upto the confluence of river Haldi in Roop Narain Canal. The Coastal Regulation Zone will be 500m from HTL in the river Haldi, except for the portion of Haldia Development area for which the CRZ will be reduced to 100m, as shown in the approval map.
(vi) The Dunes/Runnels in CRZ areas are classified as CRZ-I. 31
(vii) Fraserganj is classified as CRZ-I.
(viii) For Digha/Shankarpur area, the portion upto sand dunes shall be classified as CRZ-I and are beyond dunes, if any, upto 500 m from HTL shall be CRZ=III or II as stated in condition No. 8 (i) above.
(ix) The following clarification/changes are to be made in the 1:25000 Scale Maps:
(i) All areas in the following maps are categorized as CRZ-I:
(ii) 79C/9 NE; 79 C/9 SE,; 79 F4 SW; 79 G/1 SW & NW; 79 G/2 NW&SW; 79 C/10 NW, NE, SE, SW; 79 C/13 SE, SW, NW, NE;
79 C/14 SE, NW, SW, NE.
(iii) Areas outside Dampler Hodges line are not be shown as CRZ.
(x) Gangasagar Island is categorized as CRZ-I subject to continuation of existing traditional rights, special rights and customary uses.
The plan submitted by Govt. of West Bengal vide letter No. EN/437/IE-46/87 (Pt. II) dated 10.04.96 is not in conformity with the conditions indicated above. These modifications may be made and the modified plan and the maps should be sent to this Ministry, within a period of two months for record."
17. It is thus clear that the CZMP for the State of West Bengal was duly approved by MoEF&CC in 1996. Thereafter, it was approved in 2018 as stated in the affidavit of the MoEF&CC. Thus, further ongoing exercise for revision of the plan does not affect enforceability of the original plan. Thus, the stand of the WBCZMA that the 2018 Plan was not traceable, when the same is a public document, is very surprising and untenable. WBCZMA has also not referred to approved 1996 Plan at all. In its stand before the Tribunal noted in the order dated 06.12.2016, it was stated by WBCZMA that all the hotels, restaurants, resorts in question are within CRZ-I & III, in prohibited zone, and are not permissible, in view of CRZ Notification, 1991/2011. However, no meaningful action has been taken even after taking this stand and later stand is in contradiction of the earlier stand.
Status of compliance shown by the State PCB, quoted above, shows that almost all the hotels, restaurants, resorts are non-compliant in terms of 32 functionality of Water Treatment Systems, resulting in untreated sewage being discharged into the sea in violation of Water Act, 1974. Out of 97 hotels, resorts or restaurants, 43 have no consent and the remaining 54 are otherwise non-compliant. 43 which do not have consent are also not shown to be compliant nor are shown to be outside the 'No Development Zone'. Even if consent has been granted or ETPs repaired, constructions in NDZ are not shown to be permissible as per applicable CZMP.
Subsequent claimed repair of ETPs by some units does not bring about change in legal status of constructions in NDZ nor does it exonerate such units for past liability for violations. The Hon'ble Supreme Court in Kerala State CZMA Case (Supra) observed as follows:-
"13. It is necessary for the local authority to follow the restrictions imposed by the notification, as amended from time to time. Thus, it was not open to the local authority i.e. Panchayat, in view of the notification of 1991 to grant any kind of permission without the concurrence of Kerala State Coastal Zone Management Authority. Admittedly, Panchayat has not forwarded any such applications for building permissions and there is no concurrence or permission granted by the Kerala State Coastal Zone Management Authority. As such, we find that once a due inquiry has been held by the Committee, there is no escape from the conclusion that the area fell within CRZ- III, it was a wholly impermissible and unauthorised construction within the prohibited area. We also take judicial notice of recent devastation in Kerala which had taken place due to heavy rains compounded by such unbridled construction activities resulting in colossal loss of human life and property due to such unauthorised activity.
14. This Court in Vaamika Island (Green Lagoon Resort) v. Union of India1 , has observed: (SCC pp. 767-68, paras 26-28) "26. The petitioner had effected the construction in violation of the provisions of 1991 and 2011 Notifications as well as Map No. 32-A, so found by the High Court2. The factual details of the same and where actually the portion of some of the properties of the petitioner in Vettila Thuruthu will fall, has been elaborately dealt with by the High Court in its judgment in paras 109 to 119. We notice that the High Court has dealt with the issue pointing out that so far as buildings which have been constructed by the petitioner during the currency of the Notification issued 1 (2013) 8 SCC 760 2 Ratheesh K.R. v. State of Kerala, 2013 SCC OnLine Ker 14359 : (2013) 3 KLT 840 33 in 1991 are concerned, they are clearly in violation of this notification, hence, action has to be taken for the removal of the same. The Director of Panchayat also vide letters dated 7-3-1995, 17-7-1996 directed all the Panchayats to strictly follow the provisions of CRZ notification which it was found not followed by granting permission. The High Court has also found on facts that reconstruction work appeared to have been done during the currency of the 2011 Notification and two buildings (193/D and193/E) were also constructed illegally. The High Court has also noticed another new construction underway. These all are factual findings which call for no interference by this Court. The High Court has clearly noticed that reconstruction work has been done contrary to the 1991 as well as 2011 Notifications and the report of the Expert Committee constituted by the Kerala State Council for Science, Technology and Environment (KSCSTE) was accepted.
27. We are of the considered view that the above direction was issued by the High Court taking into consideration the larger public interest and to save Vembanad Lake which is an ecologically sensitive area, so proclaimed nationally and internationally. Vembanad Lake is presently undergoing severe environmental degradation due to increased human intervention and, as already indicated, recognising the socio-economic importance of this waterbody, it has recently been scheduled under "vulnerable wetlands to be protected" and declared as CVCA. We are of the view that the directions given by the High Court are perfectly in order in the abovementioned perspective
28. Further, the directions given by the High Court in directing demolition of illegal construction effected during the currency of the 1991 and 2011 CRZ notifications are perfectly in tune with the decision of this Court in Piedade Filomena Gonsalves v. State of Goa3, wherein this Court has held that such notifications have been issued in the interest of protecting environment and ecology in the coastal area and the construction raised in violation of such regulations cannot be lightly condoned."
(emphasis supplied)
15. In Piedade Filomena Gon salve s v. State of Goa4, this Court has observed: (SCC pp. 446-47, paras 4-6) "4. We do not think that any fault can be found with the judgment of the High Court5 and the appellant can be allowed any relief in exercise of the jurisdiction conferred on this Court under Article 136 of the Constitution.
3(2004) 3 SCC 445 4 (2004) 3 SCC 445 5 Felix Menino Jesus Serrao v. State of Goa, 2000 SCC OnLine Bom 120: AIR 2001 Bom 294 34 Admittedly, the construction which the appellant has raised is without permission. Assuming it for moment that the construction, on demarcation and measurement afresh and on HTL being determined, is found to be beyond 200 m of HTL, it is writ large that the appellant has indulged in misadventure of raising a construction without securing permission from the competent authorities. That apart, the learned counsel for the respondents has rightly pointed out that the direction of the High Court in the matter of demarcation and determination of HTL is based on the amendment dated 18-8-1994 introduced in the Notification dated 19-2-1991 entitled the Coastal Regulation Zone Notification issued in exercise of the power conferred by Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act, 1986, while the appellant's construction was completed before the date of the amendment and therefore, the appellant cannot take benefit of the order dated 25-9-1996 passed in Goa Foundation v. State of Goa6.
5. It is pertinent to note that during the pendency of the writ petition, the appellant had moved two applications, one of which is dated 11-7-1995, for the purpose of regularisation of the construction in question. The Goa State Coastal Committee for Environment, the then competent body constituted a sub-committee which inspected the site and found that the entire construction raised by the appellant fell within 200 m of the HTL and the construction had been carried out on existing sand dunes. The Goa State Coastal Committee for Environment, in its meeting dated 20-10-1995, took a decision interalia holding that the entire construction put up by the appellant was in violation of the Coastal Regulation Zone Notification.
6. The Coastal Regulation Zone Notifications have been issued in the interest of protecting the environment and ecology in the coastal area. Construction raised in violation of such regulations cannot be lightly condoned. We do not think that the appellant is entitled to any relief. No fault can be found with the view taken by the High Court in is impugned judgment7.
(emphasis supplied)
16. Further, reference has also been made to a decision of the Kerala High Court in Ratheesh K.R. v. State of Kerala8. The same is extracted below: (SCC OnLine Ker paras 98 & 107-108) 6 Writ Petition No. 102 of 1996, order dated 25-09-1996 (Bom) 7 Felix Menino Jesus Serrao v. State of Goa, 2000 SCC OnLine Bom 120: AIR 2001 Bom 294 8 2013 SCC OnLine Ker 14359 : (2013) 3 KLT 840 35 "98. However, we would rather rest our decision without pronouncing on the validity of the permits as such. We have found that the Notification is applicable to the island, the island falls in CRZ-I and construction is impermissible. By merely getting a permit under the Building Rules, it cannot be in the region of any doubt that the company cannot arrogate to itself, the right to flout the terms of the Notification. We have already noticed Rule 23(4) of the Kerala Municipality Building Rules, 1999 and Rule 26(4) of the Kerala Panchayat Building Rules, 2011. In this case, we may also note that there is no permission sought from the authority.It is opposite to note that para 3(v) clearly mandates that for investment of Rs 5 crores and above, permission must be obtained from the Ministry of Environment and Forests. In this case, the investment of the company is far above Rs 5 crores. In respect of investments below Rs 5 crores, for activities which are not prohibited, permission must be obtained from the authority concerned in the State. The company has not made any such attempt at getting permission. That apart, this is a case where, even if permission had been applied for, the terms of the Notification would stand in the way of any such permission being granted insofar as the island is treated as falling in CRZ-I. Construction of buildings as has been done by the company was absolutely impermissible. The fact that in a situation where the construction activity was permissible under the Notification and if the company had obtained permit from the local body, would have made its activities legal, cannot avail the company for the reason that under the terms of the Notification, such permit obtained from the panchayat will be of little avail to it in the light of the nature of the restrictions brought about by the Regulations in respect of CRZ-I in which zone the island falls. According to the panchayat, no doubt, the conditions have been imposed also as recommended by the Assistant Engineer who is alleged to have even visited the island. Whatever that be, as observed by us, in the light of the view we have taken, namely, that the 1991 Notification applies to the island, it is squarely covered by the same being included in CRZ-I and the constructions were begun even during the currency of the 1991 Notification. The conclusion is inescapable that it is in the teeth of the prohibition contained in the 1991 Notification and, therefore, it is palpably illegal.
107. At this stage, we must deal with the argument raised before us by the company. It is submitted that a world class resort has been put up which will promote tourism in a State like Kerala which does not have any industries 36 as such and where tourism has immense potential and jobs will be created. It is submitted that the Court may bear in mind that the company is eco-friendly and if at all the Court is inclined to find against the company, the Court may, in the facts of this case, give direction to the company and the company will strictly abide by any safeguards essential for the preservation of environment.
108. We do not think that this Court should be detained by such an argument. The Notification issued under the Environment (Pro Section) Act is meant to protect the environment and bring about sustainable development. It is the law of the land. It is meant to be obeyed and enforced. As held by the Apex Court, construction in violation of the Coastal Regulation Zone Regulations are not to be viewed lightly and he who breaches its terms does so at his own peril. The fait accompli of constructions being made which are in the teeth of the Notification cannot present, but a highly vulnerable argument."
(emphasis supplied)
17. We find that the view9 taken by the Kerala High Court in the aforesaid decision is appropriate.
18. In the instant case, permission granted by the Panchayat was illegal and void. No such development activity could have taken place in prohibited zone. In view of the findings of the Enquiry Committee, let all the structures be removed forthwith within a period of one month from today and compliance be reported to this Court."
18. Contention raised on behalf of some of the hotels, restaurants, resorts is that they have made applications and thus, they have deemed the consent under the Water Act, 1974. This argument is futile in the present case in view of the fact that the hotels, restaurants, resorts are operating in violation of CRZ Notification and in violation of environmental norms prohibiting discharge of untreated sewage directly into the sea or having no facility for treatment or facility being non-functional.
Directions 9 Ratheesh K.R. v. State of Kerala, 2013 SCC OnLine Ker 14359 : (2013) 3 KLT 840 37
19. Thus, the closure orders issued by the State PCB cannot be faulted.
Any other hotels, restaurants, resorts violating CRZ Notification and the Water Act, 1974 have also to be dealt with in the same manner. The State PCB may issue appropriate closure orders, in accordance with law. The WBCZMA may also enforce the CRZ Notification and demolish all illegal constructions in violation of CZMP. The argument that the CZMP is not available cannot be accepted as the same is in public domain and can be accessed on the relevant website of the MoEF&CC, NCSCM/NCZMA.
20. In view of gross violations of mandate of law and non-compliance of the orders of the Hon'ble Supreme Court, as observed above, causing damage to the fragile coastal ecosystem such as to sand dunes & beaches, destruction of coastal vegetation, intertidal and coastal fauna, ground water aquifers etc., apart from closing illegal activities for future, liability needs to be fixed for damage already caused till date. Such damage has patently affected the coastal environment and coastal communities who depend on these precious resources for their livelihood. Having regard to period and extent of violations, all the private respondents, except those who are found to be compliant with the CRZ notification, the Water Act and other norms, are held liable to pay Environmental Compensation to be fixed by a joint Committee proposed in the later part of this order on polluter pays principle, based on restitution principle, considering the period of violation, nature of violation and financial capacity of the unit.
The Committee may consider law laid down inter-alia in M. C. Mehta & Anr. v. Union of India, (1987) 1 SCC 395, Sterlite Industries (India) Ltd. v.
Union of India, (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd.
v UOI (2018) 18 SCC 257. The same may be used for restoration of the coastal area. The amount be deposited with Regional Office of CPCB, Kolkata and shall be kept in a separate account, to be used for restoration 38 of the environment as per Integrated Coastal Management Plan for Digha-
Shankarpur prepared by MoEF&CC, NCSCM and Government of West Bengal published in September 2020. Deposit be made within two months and restoration plan executed within one year.
21. Inspite of clear violations noticed above, out of abundant caution, we provide further opportunity to the respondents hotels, restaurants or resorts claiming their existence and operation to be valid under CRZ notification and otherwise compliant, to put forward their claim with all relevant documents before a joint Committee of NCZMA, WBCZMA, CPCB Regional Office, Kolkata, and State PCB and District Magistrate, East Midnapore District with CPCB and State PCB being nodal agency, within two weeks. If such claim is accepted, a reasoned order may be passed within next two months. Subject to such claim and order based on verification thereof, all hotels, resorts, restaurants operating in coastal area of Mandarmani Sea Beach, in District Midnapur, West Bengal in NDZ or without valid CRZ clearance outside such zone in terms of approved CZMP as per CRZ Notifications, 1991 and 2011 are liable to be demolished to give effect to the law and will also be liable to pay compensation to be fixed as above by the same Committee.
22. The original application is allowed accordingly. The Senior Superintendent of Police, East Midnapore District, West Bengal may provide necessary police help and any other concerned authority may facilitate compliance. The entire exercise be completed within the outer limit of six months.
All pending I.A.s will also stand disposed of.
A copy of this order be forwarded to the Secretary, MoEF&CC, NCZMA, CPCB, NCSCM, Chief Secretary, State of West Bengal, WBCZMA, 39 WBPCB, District Magistrate and SSP, East Midnapore District by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM B. Amit Sthalekar, JM Saibal Dasgupta, EM Prof. A. Senthil Vel, EM May 02, 2022 Original Application No. 134/2015/EZ SN 40