National Green Tribunal
Paribesh Academy vs The State Of West Bengal on 30 January, 2026
Item N0. 13 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
ORIGINAL APPLICATION NO.159/2025/EZ
IN THE MATTER OF:
Paribesh Academy
A Society duly registered
under the West Bengal Societies Registration Act, 1971
before the Registrar of Firms and Societies and
Non-trading Corporation, West Bengal,
having its office at Barabazaar, Chandannagar,
P.O. and P.S. Chandannagar, District Hooghly,
PIN 712 136, being represented by its President,
Sri Biswajit Mukherjee
Versus
1. The State of West Bengal
through the Chief Secretary,
Government of West Bengal,
having his office at Nabanna, 13th Floor, 325,
Sarat Chatterjee Road, Shibpur, Howrah-711102
Email Id: [email protected] Respondent no.1
2. The District Magistrate
Hooghly, Government of West Bengal,
office of the District Magistrate, Hooghly,
New Administrative Building,
Chinsurah, P.O. and P.S. Chinsurah,
District Hooghly- 712 101
Email Id: [email protected] Respondent no.2
3. The Additional District Magistrate
and District Land and Land Reforms Officer,
Hooghly, Jiban Paul's Garden, Kapasdanga, Chinsurah
RS, P.O. and P.S. Chinsurah, District Hooghly-712103
Email Id: [email protected] Respondent no.3
4. The Block Land & Land Reforms Officer
Haripal, Hooghly, P.S. Haripal, P.O. Khamarchandi,
District Hooghly PIN 712405.
Email Id: [email protected] Respondent no.4
5. The Sub-Divisional Officer
Chandannagore Sub-Division,
Laxmiganj Bazar, Barabazar,
Chandannagar, West Bengal 712136.
Email Id: [email protected] Respondent no.5
6. The Chairman, West Bengal Pollution Control Board
having its office at Paribesh Bhawan, 10A,
Block LA, Sector III, Salt Lake City, Kolkata-700 098.
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Email Id: [email protected] Respondent no.6
7. The Divisional Forest Officer
Howrah-Hooghly Division, No. 5,
First Floor, Stadium Complex, Grand Trunk Road,
M.G. Road, Dalmia Park, Howrah Railway Station,
Shibpur, Howrah 711101
Email Id: [email protected] Respondent no.7
8. The Director of Fisheries
Government of West Bengal, Meen Bhawan,
31, G. N. Block, Sector-V, Salt Lake City,
Kolkata-700091
Email Id: [email protected] Respondent no.8
9. The Officer in Charge, Haripal Police Station
Aminpur, P.O. Haripal, District Hooghly, PIN-712405
Email Id:[email protected] Respondent no.9
10. The Prodhan, Ilaripalashutosh Gram Panchayat
Village and P.Ο. Haripal, Ashutosh,
District- Hooghly, Pin-712403
E-mail Id: [email protected] Respondent no.10
11. Sri Asish Ghosh
Son of Late Mukul Ghosh, Aminpur, P.O.
Khamarchandi, P.S. Haripal,
District Hooghly-712405 Respondent no.11
For the Applicant:
Mr. Bikash Shaw, Advocate for the applicant (through VC).
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
_______________________________________________________________________________
Order reserved on:- 21.11.2025
Order pronounced on:- 30.01.2026
_______________________________________________________________________________
ORDER
PRONOUNCED BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant-Paribesh Academy, a society registered under the West Bengal Societies Registration Act, 1971, has filed the present Original Application under Section 18(1) read with Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking the following reliefs:-
"a. An order commanding the respondents, each one of them and their men/agents/servants to forthwith restrain the private respondent no. 11 from filling up the said water 2 and/or from making any construction of permanent and temporary nature in respect of the said water body/pond lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub-Division, J.L. No. 71, L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly and also cutting of trees in the adjacent area; b. An order commanding the respondents, each one of them and/or their man/agents /servants to forthwith restore the said water body/pond lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub- Division, J.L. No. 71, L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly and also by planting of trees in the adjacent area in its original condition, shape and size; c. An order commanding the respondents, each one of them and/or their man / agents /servants to forthwith demolish any construction work, made by the private respondent over the said water body/pond lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub- Division, J.L. No. 71, L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly;
d. An order commanding the respondents, each one of them and/or their man / agents /servants to forthwith take all steps to ensure the preservation of the said water body/pond lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub- Division, J.L. No. 71, L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly and plantation of trees in the adjacent area;
e. An order commanding the respondents, each one of them and/or their man / agents /servants to forthwith take appropriate legal actions against the private respondent for illegally filling up the said water body/pond lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub-Division, J.L. No. 71, L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly and also for illegal cutting of trees in the adjacent area;
f. An order do issue directing the respondent authorities to forthwith restore the said water body in its original shape and size, lying and situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub-Division, J.L. No. 71, 3 L.R. Dag No. 301 and 302 in Khatian No. 817, District Hooghly and also planting of trees in the adjacent аreа; g. An order do issue directing the respondents and/or their men/agents/ servants to forthwith take step for excavating the filled up portion of the said water body and for demolition of the unauthorized construction made by the private respondent over the said water bodies;
h. Ad-interim orders in terms of prayers (f) and (g) as above.
i. Orders as to costs.
j. Such other order and/or direction as Your Lordships may
deem fit and proper."
2. The Applicant Society has submitted that the Applicant Society, being seriously concerned and interested in protecting water bodies as well as environment of the locality, is aggrieved by the illegal attempts made by respondent no. 11 to fill up water body/pond situated at Village and Mouja Aminpur, P.O. Khamarchandi under Ashutosh Gram Panchayat, P.S. Haripal under Chandannagore Sub-Division, J.L. no. 71, L.R. Dag no. 301 and 302 in Khatian no. 817, District Hooghly and also cutting of trees in the adjacent area. The Applicant Society made complaints dated 04.08.2024, 30.09.2024, 07.10.2024 and 16.12.2024 before the concerned authorities requesting them to take necessary action for the restoration of the water body and for the protection of the greenery. Respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly made detailed field investigation on 17.01.2024 and submitted report dated 20.01.2025 to respondent no. 5-Sub-Divisonal Officer, Chandannagore. In the investigation report, respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly clearly mentioned that the Google Earth Satellite Imagery dated February 2021, 16.01.2022 and 28.02.2022 clearly shows a large pond and dense vegetation at the specific latitude and longitude corresponding to Dag no. 301 and 302 which suggested that the area had a well-defined water body and substantial greenery as in 2022. In his report, respondent no. 4 also mentioned that 4 these images taken in the year 2021 and 2022 provide concrete evidence that the land historically featured a substantial water body and greenery, which have since been altered or removed. A copy of the report was forwarded to the Applicant Society. The Applicant Society made representation dated 20.01.2025 to the concerned authorities but no action has been taken on the same.
3. The Applicant Society was granted four weeks' time to produce copies of the relevant revenue record. The Applicant Society filed supplementary affidavit dated 20.11.2025 with copies of the revenue record and satellite images from 26.03.2012 to 05.03.2025.
4. We have heard learned Counsel for the Applicant Society and we have gone through the material placed on record carefully.
5. In his arguments learned Counsel for the applicant has reiterated factual and legal submissions made in the original application with reference to the material on record.
6. As per revenue record (Copy at pages no. 57-58 of the paper book), Nabin Sarkar Byakti, Samir Sarkar Byakti and Shailendra Natl Byakti are recorded as raiter of Dag no. 302 and as per revenue record (copy at page 59-60 of the paper book), Nabin Sarkar Byakti, Samir Sarkar Byakti, Mithu Ghosh Byakti and Pampa Dutta are recorded as raiter of Dag no. 301 and they were necessary parties required to be impleaded as respondents in the present Original Application. The Applicant Society has not impleaded them as respondents in the present application which is bad for non- joinder of necessary parties and liable to be dismissed on this ground.
7. Even otherwise, the Applicant Society has not produced any cogent material in support of its claim as to the land in question being water body with greenery surrounding the same.
8. In support of his submission as to the land in question being waterbody/pond having greenery around it, learned Counsel for the Applicant Society has relied on report dated 20.01.2025 submitted by 5 respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly to respondent no. 5-Sub-Divisonal Officer, Chandannagore (Copy at pages no. 38 to 40 of the paper book) and satellite images from 26.03.2012 to 05.03.2025 which are stated to depict presence of large pond and vegetation.
9. It may be observed here that in his report dated 20.01.2025, respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly recorded his findings with respect to land classification as per L.R. record as under:-
"Subject: Investigation Report Regarding Complaints by "Save Trees Save World" and "Paribesh Academy"
Concerning Alleged Filling of Water Body and Cutting of Trees at Mouza Aminpur, J.L. No. 71, Dag Nos. 301 & 302 X X X X Findings:
1. Land Classification as per L.R. Records:
• Dag No. 301: Classified as Suna (agricultural land). During the field investigation, the area was observed as open land with a partially demolished house. The records indicate that it was traditionally agricultural land, though the current state does not reflect active cultivation. • Dag No. 302: Classified as Bastu (residential land). A minor portion was found waterlogged due to earlier soil excavation for elevating nearby land. This classification suggests the land was earmarked for residential purposes, though evidence of prior excavation indicates deviation from its intended use.
X X X X"
10. It may be observed here that as per Section 4C of the West Bengal Land Reforms Act, 1955, permission from the Collector of the District is mandatory for change of area, character of land or conversion of the same for any purpose other than the purpose for which it was settled or was being previously used or for alteration in the mode of use of such land.
There is nothing on record to show change of the character of Dag no. 301 and 302 recorded in the revenue record as 'agricultural' and 'residential' respectively as water body with permission from Collector of the District and in the absence of any such permission, Dag no. 301 and 302 are liable to be treated as 'agricultural' and 'residential' respectively. 6
11. In his report dated 20.01.2025, respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly concluded that the area previously hosted a significant pond and dense vegetation which were integral to the lands, character and utility and that over-time, the pond and vegetation has been removed or altered due to human intervention, including soil excavation. Respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly reached the above said conclusion on the basis of detailed analysis of Google Earth Imagery and the relevant part of the report is reproduced as under:-
"2. Observations on Google Earth Imagery:
A detailed analysis of satellite imagery from multiple years highlights significant environmental changes: • 28/02/2022: Satellite imagery shows a large pond and dense vegetation at the specific latitude and longitude corresponding to Dag Nos. 301 and 302. This suggests that the area had a well-defined water body and substantial greenery as recently as 2022.
• 16/01/2022: The imagery continues to confirm the presence of water bodies and numerous trees, indicating minimal disturbance during that period.
• February 2021: Imagery reveals a dense concentration of trees and a well-defined pond in the area. The natural landscape was intact, with the pond serving as an essential environmental feature.
These images provide concrete evidence that the land historically featured a substantial water body and greenery, which have since been altered or removed."
12. The observations based on detailed analysis of Google Earth Imagery are not supported by other material on record. On the other hand, observations on the land use made by respondent no. 4-Block Land & Land Reforms Officer, Haripal, Hooghly as to Dag no. 302 being open land with some water logging attributed to earlier soil excavation activities contradicts the observations regarding the land in question being water body.
13. We are of the considered view that mere water logging due to soil excavation does not by itself convert agricultural or residential land to water body and mere natural growth of vegetation over agricultural or 7 residential land also does not convert the nature thereof to green belt/forest in the absence of dedicated plantation for the purpose.
14. It may be observed here that the Applicant Society has not claimed the land in question to be multi-ownership tank for pisciculture warranting applicability of Section 8 of the West Bengal Inland Fisheries Act, 1984 for taking over management and control thereof by the competent authority and transferring the same to some other persons for proper utilisation thereof.
15. In these facts and circumstances of the case, the land in question cannot be said to be water body with greenery so as to warrant passing of intervention orders by this Tribunal for restoration of the water body and protection of the greenery.
16. Section 4 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 mandates that except as provided in the above said Act, no person shall fell any tree in the non-forest area and cut, remove or otherwise dispose of any tree other than a tree which has felled without the aid of human agency. However, Section 21 thereof empowers the State Government to exempt in public interest by notification in the Official Gazette, any area or any species of tree or specified number of trees of any species from all or any provisions of the above said Act while Section 23 thereof empowers the State Government to declare in the interest of public by notification in the official gazette that any class or classes of trees shall not be felled for such period as is specified in that notification.
17. In the present case, the Applicant Society has not mentioned that the trees planted fell within prohibited category and were not covered by exempted category of trees so as to warrant issuance of intervention orders for punitive and remedial action regarding trees already felled and issuance of orders for protection of trees standing over the land in question.
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18. In view of the above, no action is required to be taken by this Tribunal on the present Original Application in the absence of impleading of the necessary parties and also production of the relevant material as to the land in question being water body with greenery around it and the present Original Application is disposed of accordingly.
19. However, nothing in this order shall be treated to bar filing of fresh Original Application by impleading necessary parties in accordance with law and nothing in this order shall be treated as expression of any final opinion on merits so as to adversely affect adjudication on merits in the eventuality of filing of any Original Application with impleadment of necessary parties and production of relevant material before this Tribunal regarding changed user of the land in question as water body with greenery.
Arun Kumar Tyagi, JM Ishwar Singh, EM January 30th 2026 Original Application No.159/2025/EZ R 9