National Green Tribunal
Md Alauddin Gazi vs The State Of West Bengal on 29 November, 2024
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.226/2024/EZ
In the matter of:
1. Md. Alauddin Gazi
S/o Md. Akbar Ali Gazi
Resident of Vill: Pifa Raghabpur
P.O. - Pifa,
P.S. - Hasnabad,
Dist: North 24 Parganas,
Pin - 743422
Carrying on business in the name and style of
Gazi Brick Field
At Mouza - Bhowanipur,
J.L. No.20, P.S. - Hasnabad,
Dist.: North 24 Parganas
2. Md. Akbar Ali Gazi
S/o late Hazi Rahim Box Gazi
Resident of Vill: Pifa Raghabpur
P.O. - Pifa,
P.S. - Hasnabad,
Dist: North 24 Parganas,
Pin - 743422
Carrying on business in the name and style of
Gazi Brick Field
At Mouza - Bhowanipur,
J.L. No.20, P.S. - Hasnabad,
Dist.: North 24 Parganas
3. Abdar Gazi
S/o Late Amchaddin Gazi
Resident of Vill: Pifa Raghabpur
P.O. - Pifa,
P.S. - Hasnabad,
Dist: North 24 Parganas,
Pin - 743422
Carrying on business in the name and style of
Gazi Brick Field
At Mouza - Bhowanipur,
J.L. No.20, P.S. - Hasnabad,
Dist.: North 24 Parganas
4. Jahangir Gazi
S/o Late Amchaddin Gazi
Resident of Vill: Pifa Raghabpur
P.O. - Pifa,
P.S. - Hasnabad,
1
Dist: North 24 Parganas,
Pin - 743422
Carrying on business in the name and style of
Gazi Brick Field
At Mouza - Bhowanipur,
J.L. No.20, P.S. - Hasnabad,
Dist.: North 24 Parganas
5. Md. Abdul Haque Gazi
S/o Abdar Rahaman Gazi
Resident of Vill: Pifa Raghabpur
P.O. - Pifa,
P.S. - Hasnabad,
Dist: North 24 Parganas,
Pin - 743422
Carrying on business in the name and style of
Gazi Brick Field
At Mouza - Bhowanipur,
J.L. No.20, P.S. - Hasnabad,
Dist.: North 24 Parganas
.... Applicant(s)
Versus
1. The State of West Bengal
By the Additional Chief Secretary L & LR Dept.
Govt. of West Bengal, Nabanna,
6th Floor, 325, Sarat Chatterjee Road,
Mandirtala, Shibpur,
Howrah - 711102
2. West Bengal Industry Commerce and Enterprises Department,
Represented by the Principal Secretary,
4, Camac Street, Kankaria Estate,
Park Street Area,
Kolkata - 700016
3. The West Bengal Pollution Control Board
Service upon the Chairman, Paribesh Bhawan,
10A, Block-LA, Sector III, Salt Lake,
Kolkata - 700106
4. The Principal Secretary,
Irrigation and Waterways Department.
Government of West Bengal,
Jalsampad Bhawan, 1st Floor,
Bidhannagar, Salt Lake,
Kolkata - 700091
5. District Magistrate Barasat, North 24 Parganas
Kalgola, Banamalipur,
P.O. & P.S. Barasat,
Pin - 700124
6. Superintendent of Police
North 24 Parganas, Barasat,
2
P.O. & P.S. Barasat,
Pin - 700124
7. Additional District Magistrate and
District Land and Land Reforms Officer,
North 24 Parganas, Barasat,
P.O. & P.S. Barasat,
Pin - 700124
8. Sub Divisional Officer, Basirhat
P.O. & P.S. - Basirhat,
Dist: North 24 Parganas,
Pin - 743411
9. Sub Divisional Land and Land Reforms Officer, Basirhat
P.O. & P.S. - Basirhat,
P.O. & P.S. - Basirhat,
Dist: North 24 Parganas,
Pin - 743411
10. Block Land and Land Reforms Officer
Hasnabad, North 24 Parganas,
P.O. & P.S. - Hasnabad,
Pin - 743426
11. Officer in Charge, Police Station- Hasnabad
North 24 Parganas,
P.O. & P.S. - Hasnabad,
Pin - 743426
12. Executive Engineer, Irrigation Department,
Government of Wet Bengal,
Basirhat Badartala,
P.O. : Badartala, P.S. - Basirhat,
Dist.: North 24 Parganas,
Pin - 743413
13. Jamsed Mondal
S/o Late Jamat Ali Mondal,
Vill.: Banipur, P.O. : Chimta Kachari,
P.S. : Hasnabad,
District: North 24 Parganas,
Pin - 743436
Carrying on Brick Field in the name and style of
India Brick Field on the land of 'Gazi Brick Field'
At Mouza - Bhowanipur,
J.L. No.20, P.O. Chimta Kanchari,
P.S. : Hasnabad,
Dist.: North 24 Parganas,
Pin - 743456
14. Hasan Mondal
S/o Jamsed Mondal,
Vill.: Banipur, P.O. : Chimta Kachari,
P.S. : Hasnabad,
3
District: North 24 Parganas,
Pin - 743436
Carrying on Brick Field in the name and style of
India Brick Field on the land of 'Gazi Brick Field'
At Mouza - Bhowanipur,
J.L. No.20, P.O. Chimta Kanchari,
P.S. : Hasnabad,
Dist.: North 24 Parganas,
Pin - 743456
.... Respondent(s)
Date of hearing: 29.11.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Dipankar Thakur, Adv.
ORDER
1. Heard Mr. Dipankar Thakur, learned Counsel appearing for the Applicants.
2. The Original Application has been filed by the Applicant alleging that they started operation of brickfields in the year 1983 by obtaining lease from the local Raiyats in the name of its partners Md. Akbar Ali Gazi and others; operated the brickfield in the name and style of Gazi Brick Field represented by its partners Md. Akbar Ali Gazi after obtaining Quarry permit from the State Government. It is stated that the Applicants are the owners of Plot No.633, 637, 639, 640, 642, 645, 646, 648, 640/691, 652/852, 652/853 and 639/833 under Mouza: Bhowanipur, J.L. No.20 by purchasing from the original Raiyat by virtue of registered Deed No.1545 of the year 2001, Deed No.3991 of 1992, Deed No.5117 of 1992, Deed No.293 of 1991, Deed No.692 of 2001, Deed No.701 of 1997 all of which is within the are of the Gazi Brick Field.
3. It is also stated that in the year 2016, the Applicants did not obtain NOC from the West Bengal Pollution Control Board and therefore, have moved the National Green Tribunal, Eastern Zone Bench at Kolkata vide Original Application No.131/2015/EZ in which the 4 order was passed on 19.04.2016 accepting their proposal to pay penalty/compensation amounting to Rs.1.50 lakh (Rupees one lakh fifty thousand only) and allowed to deposit the same with the West Bengal Pollution Control Board and thereafter the West Bengal Pollution Control Board was directed to consider the Application of the Applicants for grant of Consent to Operate (CTO). It is stated that the lease deed of the Applicant was further renewed for a term of ten years through Registered Deed. It is stated that in the year 2022, the Applicant could not receive the NOC from the West Bengal Pollution Control Board and therefore, to avoid litigation, they stopped production from the brickfield in question for the year 2022 to 2023.
4. It is further alleged that taking advantage of the closure of the brickfield, the Respondent Nos.13 and 14 forcibly entered into the brickfield on 16.11.2023 and started operation of the same unauthorizedly in the name and style of 'India Brick Field' in the land of the Gazi Brick Field at Mouza: Bhowanipur, J.L. No.20, P.S.: Hasnabad, Dist.: North 24 Parganas. It is also stated in respect of the order passed by the National Green Tribunal in Original Application No.41/2014/EZ dated 08.04.2015 directing that all unauthorized brickfield should be stopped but India Brick Field continued its operation whereupon the Applicant met the local B.L.& L.R.O., Hasnabad as well as the Hasnabad Police Station with a request to stop the unauthorized brickfield in the name of 'India Brick Field'. It is alleged that no action has been taken by the B.L.& L.R.O., North 24 Parganas or by the Police authority in spite of representation filed by the Applicants before the A.D.M.& L.R.O., North 24 Parganas on 07.09.2024. 5
5. The Applicants in the Original Application have prayed that the operation of the unauthorized brickfield in the name of 'India Brick Field' be stopped and the Respondent Nos.13 and 14 be prevented from causing from damage to agricultural land or from degradation of the environment.
6. The present Original Application appears to be a purely personal dispute between the Applicants and the alleged encroachers Respondent Nos.13 and 14 who are said to be operating the brickfield in question in the name of 'India Brick Field'. There is not a single averment in any paragraph of the affidavit that the Applicant took steps to lodge criminal proceedings for eviction of the Respondent Nos.13 and 14 or has made any complaint to the State Pollution Control Board.
7. Mr. Dipankar Thakur, learned Counsel prays that he may be permitted to withdraw the Application to enable him to approach the competent authority.
8. Accordingly, the Original Application is dismissed as withdrawn.
9. There shall be no order as to costs.
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 29, 2024, Original Application No.226/2024/EZ SKB 6