National Green Tribunal
Subhas Datta Applicant In Person vs State Of West Bengal Through Chief ... on 27 May, 2019
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 32/2019 (EZ)
Subhas Datta Applicant
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 27.05.2019
CORAM : HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) : Mr. Subhash Datta (in person)
For Respondent (s) : -
ORDER
1. By filling this application, the applicant has expressed deep concern with which the East Kolkata Wetland, a Ramsar site in the city of Kolkata, is being exploited to the detriment of the environment and ecology. It is stated that the East Kolkata Wetland which is spread to about 12,500 hectares of which 4,000 hectares is constituted by water bodies, provides for natural sewage treatment for the city of Kolkata and means of livelihood for a large number of farmers who are engaged in agriculture and fishery. In view of the immense ecological role that the wetlands play, the East Kolkata Wetland (Conservation and Management) Act, 2006 was enacted and published on 31.03.2006. Under section 4(k) of the Act, power to enforce land use control in the substantially water body oriented areas and other lands in the East Kolkata Wetland areas, has been conferred upon the East Kolkata Wetland Management Authority (EKWMA). Under Section 4(r) the power has been vested upon the Authority to impose absolute or reasonable 1 restriction on the use of East Kolkata Wetland area. Although, persons own land within the wetlands area, no construction activity would be permitted without the permission/clearance of the Wetland Authority.
2. It is contended that a survey conducted by the applicant has revealed large number of constructions that have sprung up within the said area for different purposes which includes commercial/ industrial and other activities that are deleterious to the water body in violation of the East Kolkata Wetland (Conservation and Management) Act, 2006 and rules framed thereunder.
3. The applicant has highlighted that although numerous criminal complaints have been lodged in respect of illegal constructions between the years 2007 to 2014, only in 154 cases, charge sheets have been filed. The applicant contends that the number of cases revealed is only the tip of the iceberg as the facts of other complaints have not come to light. In such circumstances, according to the applicant, process of illegal conversion of East Kolkata Wetland has continued unabated and is continuing in full swing even today and, the concerned authorities have remained mute spectators without taking any action for reasons best known to them. The applicant emphasises that no boundary has been laid around the East Kolkata Wetland area, although decision to that effect had been taken periodically.
4. The other aspect which the applicant contends would require serious consideration, is the dumping of solid waste within the East Kolkata Wetland area. Specific instance has been mentioned of the waste dumping ground at P.C. Chandra's Garden stretch said to have been abandoned as well as the lifting/digging of soil 2 therefrom. Question has also been raised with regard to raising of 7 structures within the area questioning as to how such building plans could have been sanctioned by the Kolkata Municipal Corporation. According to the applicant, on 09.12.2011, it was decided that no new NoC would be granted and the NOC granted as on that date would stand revoked but, this decision was revoked on 14.07.2017 for no apparent reason.
5. The third aspect which the applicant has highlighted is the setting up of a large number of plastic reprocessing units in the Bantala, Basanti High Way Road side areas, in violation of the Plastic Waste Management Rules, 2016 and the Plastic Waste Management (Amendment) Rules, 2018. Leather industries have also been found to have been set up which are being operated with brick built ovens and other make-shift structures under the open sky causing heavy air as well as water pollution. The Bidhannagar Municipal Corporation has also been dumping its solid waste on the wetlands at Mollar Bheri.
6. The applicant contends that if the dumping ground is not shifted out from the area, it will result in severe contamination of the water apart from the air pollution that will be caused. As an immediate step, the applicant suggests fencing of the area to prevent the leachate and slurry from entering into the wetland, preferably before the onset of the monsoon.
7. Without going further in to the details of the case, from the facts and circumstances narrated above, in our view, we are satisfied that substantial question of environment arises in this case for our consideration.
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8. Issue notice returnable in three weeks.
9. The Applicant to furnish requisites within one week from hence.
10. For expeditious disposal of the case, we direct the applicant to serve notices dasti upon the respondents along with copies of the entire set of papers and this order.
11. Considering that the case involves serious questions in respect of East Kolkata Wetland which is a declared Ramsar site, we deem it appropriate to implead the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Central Wetland Authorities as Respondent Nos. 8 and 9 to the original application. Registry shall ensure that the cause title is amended accordingly.
12. Let notice be issued upon the newly respondents. The applicant shall provide necessary requisites for the purpose within a week from hence.
13. So far as the interim prayer for putting up protective fencing around the Mollar Bheri where the Bidhannagar Municipal Corporation has been dumping municipal solid waste is concerned, we direct the East Kolkata Wetland Authority, the Respondent No. 5 and the Bidhannagar Municipal Corporation to take urgent steps to put up fencing around the dumping area to prevent leachate and slurry as done on other side of dumping ground as demonstrated by the photographs taken on 05.05.2019 at page 64 of the application.
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14. This is an interim measure which we are suggesting that should be immediately undertaken. So far as the other aspects are concerned, we direct constitution of a Committee comprising of:
1) Senior Officer of the Regional Office of the MoEF&CC.
2) Senior Scientist/Officer of the CPCB (Chairman, CPCB is an ex-officio member of the National Wetland Committee under the rules).
3) Senior Member, East Kolkata Wetland Management Authority.
4) District Magistrates, South & North 24 Parganas.
5) Senior Scientist/Officer, West Bengal Pollution Control Board.
The nodal agency shall be the East Kolkata Wetland Authority, for co-ordinating with rest of the Members and for providing the logistic support.
15. The Committee shall consider the various aspects set out by the applicant for which purpose physical inspection of the entire Kolkata Wetland Area shall be carried out to verify on the present situation prevailing in the wetlands. While so verifying, the Committee shall examine the relevant revenue records of the area, the satellite imaginary of the wetlands for at least 15 years prior to the date of inspection as well as the current one and, highlight the extent of encroachments giving details of the specific plots and areas with reference to its geographical locations in the wetlands.
16. Considering the magnitude of the task, we grant three months time for the purpose of completing the entire exercise and submission of report.
17. For consideration of report on this aspect, list of 27.08.2019. 5
18. We emphasise that the other task of fencing referred to earlier shall be undertaken and competed by 15.06.2019. A compliance report shall be transmitted to this Tribunal by the Bidhannagar Municipal Corporation through e-mail at [email protected], within one month for which purpose the case is listed on 05.07.2019.
S. P. Wangdi, JM K. Ramakrishnan, JM Dr. Satyawan Singh Garbyal, EM 27th May, 2019 O.A. 32/2019 (EZ) avt&ag 6