National Green Tribunal
Tribunal On Its Own Motion Re Monikhal vs State Of West Bengal Through Chief ... on 8 September, 2022
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.66/2021/EZ
Tribunal On its Own Motion In
(Re: Monikhal Canal) Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 08.09.2022.
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. Nayan Chand Bihani, Advocate (in Virtual Mode) a/w
Mr. Sibojyoti Chakraborty, Advocate for State Respondents & KMC,
Ms. Paushali Banerjee, Advocate for R.-3,
Mr. Soumitra Mukherjee, Advocate for R.-5, MoEF &CC,
Mr. Rajib Ray, Advocate for R.-6,
Mr. Pritwish Basu, Advocate for R.-7,
Mr. Indranil Biswas, Advocate a/w Ms. Rakhi Ghosh, Advocate for R.-8
ORDER
1. Affidavit dated 19.08.2022 has been filed by Respondent No.4, Kolkata Municipal Corporation; the same is taken on record.
2. Additional-supplementary-affidavit dated 05.09.2022 has been filed by Respondent No.8, Maheshtala Municipality; the same is taken on record.
3. Affidavit of compliance dated 02.09.2022 has been filed by Respondent No.3, Principal Secretary, Department of Urban Development & Municipal Affairs Department, Government of West Bengal; the same is taken on record.
4. In paragraph-3 of the affidavit dated 02.09.2022; a chart has been filed showing the funds received by the Maheshtala Municipality from the State Urban Development Agency (SUDA), which reads as under:-
1
"3) This Additional Supplementary Affidavit is being filed with the aim to categorically stating that this municipality has received funds from State Urban Development Agency (SUDA) under the UD & MA Department of the Govt. of West Bengal in connection with the SWM management as follows :-
Solid Waste Management Related Workforce Fund Sl.No. Work Allotment Annual GAP Remark Force Requirement s A.1 Nirmal Rs.5,28,14,112 Rs.7,83,85,616 Fund is Bandhu released in phase Rs.1,90,81,000/- wise A.2 Driver for vide memo Rs.10,39,896 Fund is BOT SUDA- released 1014/2022/143(120) in phase DT-23/02/2022 wise A.3 Driver for Rs.1,13,44,320 Fund is FOT release d in phase wise A.4 Helper Rs.56,72,160 Fund is for FOT released in phase wise A.5 Drain Rs.2,65,96,128 Cleaning & Road Sweeping A.(1+5) Total- Rs.9,74,66,616 Rs.7,83,85,616 B. Nirmal Rs.1,27,11,456 Rs.96,38,733 Fund is Sathi released in Quarterly phase A+B Total- Rs.11,01,78,072 Rs.8,80,24,349
5. Paragraphs-4,5,6 & 7 of the affidavit dated 02.09.2022 are also extracted hereinbelow for proper appreciation of the matter:-
4) The Urban Development & Municipal Affairs Department has assured that the balance payment will be allotted in phased manner. Accordingly, vide memo. SUDA-1014/2022/2040(82) dated 03-08-2022 of State Urban Development Agency (SUDA) an amount of Rs.1,90,81,000/- (Rupees One Crore Ninety Lakhs and Eighty One Thousand) has been released in second phase under West Bengal Urban Employment Scheme as 20% of annual requirement during financial year 2022-2023.
5) This municipality has received accessories from SUDA in connection with the Solid Waste Management in following manner:-2
Status of Solid Waste Management Accessories Requisition Received from SUDA GAP Household Bin (10 Lit) - 304624 nos 186792 117832 Community Bin (240 Lit) - 1400 nos 840 560 BOT - 70 nos 11 59 FOT - 109 nos 6 103 Tri Cycle Van - 762 nos 72 103 SWM-Instrument-Procured from 15th FC (Tied) In the case of accessories remaining part will be procured by the municipality.
6) Out of 2,30,000 MT legacy waste around 56000 MT has been processed by the agency engaged by KMDA and remaining waste will be processed within June, 2023.
7) The New Monikhal is under Irrigation Department of the Govt. of West Bengal. The said Department has already undertaken dredging work since January, 2022. This work is expected to solve the issue of water logging in the adjoining areas and the work is expected to be completed by October, 2022.
6. We find that till date no counter-affidavit has been filed by the State Respondent Nos.-1 & 2 and there is nothing on record to show what are the dimensions of the "Monikhal Canal" i.e., its place of origin; and its place and points where its meets with River Hooghly through Budge Budge. Only a few photographs have been filed by other Respondents showing drainage work. The length and width of the Monikhal Canal has also not been stated in any affidavit.
7. Mr. Sibojyoti Chakraborty states that he will be representing the State Government and Mr. Nayan Chand Bihani, learned Counsel will be representing Kolkata Municipal Corporation.
8. We, therefore, direct Mr. Sibojyoti Chakraborty to file counter-
affidavit of the State Respondents within three weeks particularly with regard to dredging and desilting of the Monikhal Canal and steps taken by the State Government to remove the encroachment. 3
9. List on 18.10.2022.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM September 08, 2022, Original Application No.66/2021/EZ BD 4