National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of West Bengal Through Department ... on 23 December, 2021
Item No. 05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 110/2021/EZ
Tribunal on its own Motion
Re: Unrestricted construction of Hotels,
Resorts in Jayanti Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 23.12.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo motu
For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for State Respondents
ORDER
1. Matter taken up.
2. Mr. Sibojyoti Chakraborty, learned Counsel is present for State Respondents and files vakalatnama on behalf of the State Respondents which is taken on record.
3. An affidavit dated 22.12.2021 has been filed by Respondent No.4, District Magistrate, Alipurduar; same is taken on record.
4. It is stated in the affidavit that an inspection was carried out at the site and it was found that illegal constructions mentioned in Newspaper "Uttarbanga Sambad" have been identified to be under the ownership of one Sri Niki Thapa, Sri Kancha Mangar and Sri Umashankar Dubey. Notices have been issued by the Range Officer, Jayanti Range to the said persons on 13.05.2020 and 17.01.2021. The notices have also been served on Sri Niki Thapa, Sri Kancha Managar and Sri Umashankar Dubey on 16.11.2021.
5. It is further stated that on 26.11.2021 a team of forest officials including the Assistant Field Director, Buxa Tiger Reserve (East) Division, Range Officer, Jayanti Range along with other forest staff and Police personnel tried to demolish the illegal structures but could not complete the same 1 due to resistance from the local people, whereupon a First Information Report (FIR) has been lodged in the Kalchini Police Station regarding the incident which occurred on 26.11.2021 vide Memo No.454/JNT-15, copy which has been filed as Annexure R-4.
6. It is further stated that ultimately the forest officials with the assistance of local people carried out demolition of 3 illegal structures on 30.11.2021 led by team of Chief Conservator of Forests & Field Director, Deputy Field Director and Assistant Field Director, Assistant Divisional Forest Officer, Buxa Tiger Reserve and Police personnel on 08.12.2021; photographs have been filed as Annexure R-5.
7. Mr. Sibojyoti Chakraborty, learned Counsel prays that he may be granted two weeks further time to file a fresh affidavit with regard to action taken in respect of removal of the other illegal structures and removal of muck and malba and restoring the area to its original form.
8. We also direct the Chief Conservator of Forests & Field Director, Buxa Tiger Reserve to ensure removal of all illegal structures and restore the area to its original form by the next date of listing and file affidavit of compliance.
9. List on 25.01.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM December 23, 2021 Original Application No. 110/2021/EZ MN 2