National Green Tribunal
Subhas Datta S/O Late Baneswar Datta vs State Of West Bengal Through Chief ... on 1 August, 2017
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BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
O.A. No. 06/2016/EZ
With
M.A. 946/2016/EZ
M.A. 296/2017/EZ
M.A. 297/2017/EZ
SUBHASH DATTA
VS
STATE OF WEST BENGAL & ORS
CORAM: Hon'ble Mr. Justice S.P.Wangdi, Judicial Member
Hon'ble Prof. (Dr.) P. C. Mishra, Expert Member
PRESENT: Applicant : Mr. Subhas Datta in person
Respondents No.1, 2 & 4 : Mr. Bikas Kargupta, Advocate
Respondent No. 3 : Ms. Amrita Pandey, Advocate
Respondent No. 5 : Mr. Biswajit Samanta, Advocate
Mr. Molay Kr. Das, Advocate
Respondent No. 6 : Mr. Dipanjan Ghosh, Advocate
Respondent No. 7 : Mr. Arnab Chakraborty, Advocate
Respondents No. 8 to 10 :None
Applicant in MA 297/2017/EZ : Mr. Suman Shankar Chatterjee, Advocate
Mr. Imteaz Ahmed, Advocate
Orders of the Tribunal
Date & Remarks
Item No. 3
1st August, 2017.
Affidavit of the Commissioner, Howrah Municipal
Corporation, the respondent No. 3, in compliance to
our order dated 17.4.2017, filed by Ms. Amrita Pandey,
Ld. Advocate, is ordered to be taken on record. It is
stated that copies have been served on the other side.
Affidavit of the HMC filed on 30.5.2017 is taken up
for consideration.
We find that the affidavit simply places on record
the minutes of the meeting held on 12.4.2017 chaired
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by the Principal Secretary, Land & Land reforms and
Refugee Relief and Rehabilitation Deptt., & Land
Reforms Commissioner, Govt. West Bengal, with the
Commissioner, HMC, as Convener & Member and the
Divisional Railway Manager, S.E. Railway, Kharagpur, as
Member.
As per the minutes of the meeting which was also
attended by various authorities of the railways and M/s
Macintosh Burn Ltd., respondent No. 7, the following
decisions were taken :-
i) After acceptance of draft DPR by the
committee, DRM/Kharagpur, SE Railway
wrote a letter to the Principal Secretary, Land
to initiate a formal application from the side
of West Bengal State Govt. for Land Lease and
Way Leave Facility for the construction of the
STP. It was decided that Howrah municipal
Corporation shall take up with the Urban
Development & Municipal affairs Department
for moving a proposal to Railway for arranging
the said land in favour of HMC as per mutually
agreeable terms and conditions.
ii) S.E.Railway reiterated their stand of sharing
the project cost in proportion to the quantity
of sewage being generated by their
establishment. It was decided that as this
committee can deliberate only as per the
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directions of the Hon'ble NGT, SE Railway may
like to take up this issue at the appropriate
forum.
iii) For taking up the work in full fledged way the
respective agencies should take steps for
arranging the fund requirements of their part.
iv) Regarding creation of Silence Zone around
Santragachi Jheel, SE railway stated that
whistling in trains at approach to level
crossing, starting form station and during
shunting operation in station yards is done for
safety and operation purpose. Hence,
whistling cannot be totally done away with.
Moreover such sounds of trains and whistles
have existed for more than 100 years and
these sounds never appeared to have
disturbed the migratory birds since long. It
was felt that if feasible a sound barrier can be
made along the road so that sound level is
reduced in the Jheel area. It was decided that
the Railways may take up with the
Environment Deptt. for further action as
deemed fit.
v) It was decided that HMC shall take
appropriate action in respect of the
encroachment around the jheel.
vi) Railways acknowledged that cleaning work of
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solid garbage around the jheel is being
regularly done by the HMC. It was decided
that the clearing work must continue and all
out effort be make to keep the jheel clean all
throughout.
vii) It was decided that plantation of suitable
species should be carried out at appropriate
locations around the jheel during this rainy
season. Railways agreed to take up the
plantation work together with HMC."
As would appear from the minutes, the DPR
submitted by the respondent No. 7 was accepted and it
was recorded that the DRM/Kharagpur, SE Railway, had
written a letter to the Principal Secretary, Land & Land
reforms Deptt. Govt. of West Bengal, requesting
initiation of formal application from the Govt. of West
Bengal for lease of land and way leave facilities for
construction of STP. It was also decided that HMC will
take up with the Urban Development & Municipal
Deptt for moving a proposal with the Railways for
arranging the said land to be allotted in favour HMC as
per mutually agreeable terms and conditions. On the
stand of the Railways of sharing the project cost in
proportion to the quantity of sewage generated by the
railways, it was decided that could only be deliberated
as per directions of the Tribunal.
In so far as the question of declaration of "Silence
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Zone" around the jheel area is concerned, we find a
strange opinion of the railways having been recorded
as can be seen from the records of proceedings
reproduced above. It has remarkably noted that the
"sounds of trains and whistles have existed for more
than 100 years and these sounds never appeared to
have disturbed the migratory birds since long." We fail
to understand as to how such an opinion could have
been formed when scientific findings indicate
otherwise. We reiterate our direction to declare
Santragachi Jheel area as a "Silence Zone" and direct
the railways to take appropriate measures to reduce
the sound emitted both by the trains and loudspeakers
in the railway station.
We are informed that there are scientifically
evolved methods of reducing sound emission which the
railways shall explore.
A report on this shall be filed by the railways on the
next date.
Mr. S.K.Duby, Dy. CE (Works) places before us a
letter dated 5.4.2017 written by the Chief Planning and
Design Engineer, SE Railway to the Principal Secretary,
Deptt. of Environment, Govt. of West Bengal, by which
certain suggestions have been offered. He submits that
this letter has been reflected in the minutes of the
meeting. Whatever may be the case, we stand by what
we have already observed. However, we direct the
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State respondents to consider the suggestions of the
railways offered them in the letter dt. 5.4.2017.
Mr. Bikas Kargupta, ld. Govt. advocate, submits that
the suggestions have already been taken into
consideration and proposal has been made for
declaring the south side of the road between
Santragachi station yard and upto a certain distance of
the Jheel as "Silence Zone" which shall be subject to the
permission of the Tribunal.
We clarify that this Tribunal has not issued any
direction requiring the authorities to seek such
permission. In fact, it is their responsibility and is
expected of them to issue appropriate notification
declaring the "Silence Zone". We, therefore, leave it
upon the State Government and the Railways to decide
on this. Let such decision be taken immediately and
action taken report be filed on the next date.
In so far as the cost of the project and the claim of
the railway towards land lease and way leave facility for
construction of STP is concerned, it is submitted by Mr.
Dubey, Dy. CE (Woks) SE Rly. appearing with Mr. Moloy
Kr. Das, Ld. advocate for the railways, that it had been
worked out based on the rate provided by the Land
Revenue Deptt. This gives us an impression that the
Land Revenue Deptt. while forwarding the rates did not
take into consideration the fact that the land in
question is required for a public purpose and not for
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commercial activity. We are certain that there are
different rates for land dependant on the purpose of
acquisition. Letter dated 27.2.17 written to the
Managing Director of respondent No. 7 by the railway
authorities clearly states that the project cost had been
arrived at on the actual cost of land and the lease fee
and way leave facility charges had been calculated as
per present commercial value of the land in accordance
with the policy of the Railway Board. As this appears to
be in conflict with what Mr. Dubey had submitted
earlier, we direct the Railways and the Land Revenue
Deptt. of Govt. of West Bengal to clarify on this.
Considering that the work is in public interest, we
expect that a reasonable rate will be arrived at and
agreed upon.
Let affidavits as directed be filed before the next
date.
List on 15.9.2017.
M.A. NO. 946/2016/EZ : This MA has been filed by the
HMC seeking for two reliefs viz., (a) for a direction upon
the Forest Deptt. for cleaning and proper disposal of
hyacinth from the water body including the Island in
the middle of it and (b), for a direction upon the SE
Railway to reimburse and compensate the HMC for the
expenditure incurred by them in the process of cleaning
and beautification of the water body.
We have perused the application and heard the ld.
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counsel for the parties and we find that prayer (a) has
already been taken care of, as appropriate direction
had been issued upon the Department of Forest which
in due compliance have removed all hydrophytes from
the jheel except the island, which is the habitat of
migratory birds a task which they are carrying out
periodically. Under such circumstances, no order need
be passed on this.
So far as the second prayer is concerned, we do not
find that it to be reasonable considering the fact that
disposal of waste is the responsibility of the HMC.
In view of the above, the MA stands disposed of.
M.A. NO. 296/2017/EZ : This application is by the
railway authorities seeking for a direction towards
sharing of cost of STP project in proportion of the
sewage generated by the HMC and the Railways.
Since this matter is under consideration in the
main OA and is covered by our order passed today, this
application would be redundant and, therefore, the MA
is accordingly disposed off.
M.A. 297/2017/EZ : This is an application for
addition of applicants as parties to the OA.
Heard.
Notice stand dispensed with as all the respondents
are represented by their respective ld. advocates.
Let replies be filed before the next date.
Ld. Counsel for the applicants in the MA is directed
to serve copies of the application upon all the ld.
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advocates of the respondents in course of this day.
List on 15.9.2017.
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Justice S.P.Wangdi, JM 1-8-2017 ................................................... Prof. (Dr.) P. C. Mishra, EM 1-8-2017 10