National Green Tribunal
Malay Rudra vs Bengal Peerless Housing Development ... on 29 October, 2021
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 87/2021/EZ
Malay Rudra Applicant(s)
Versus
Bengal Peerless Housing Development Company
Ltd. & Ors. Respondent(s)
Date of hearing: 29.10.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) :Ms. Paushali Banerjee, Advocate
For Respondent(s) :Mr. Sibojyoti Chakraborty, Advocate for R-2, 4 & 8,
Mr. Dipanjan Ghosh, Advocate for R-3 & 6,
Mr. Surendra Kumar, Advocate for R-7
ORDER
1. Heard Ms. Paushali Banerjee, learned Counsel for the Applicant.
2. The allegation in this original application is that the certain colonies which have been mentioned in paragraph 4-R and it is stated that these colonies have not been provided drinking water through pipes by the Kolkata Municipal Corporation and therefore, these colonies are utilizing groundwater through bore-wells. According to the applicant, this is seriously depleting groundwater. Reference has been made to a report contained in the Groundwater Information Booklet Kolkata Municipal Corporation, West Bengal filed as Annexure-E to the original application and it mentions that in the last 45 years i.e. 1958 to 2003 the depletion of groundwater level has been to the alarming extent of 7 to 11 meters and the declining trend of water level is 0.33 meters per year at the core of the trough and 0.11 meters per year at the periphery. 1
3. It is also stated that there is presence of Chloride and Arsenic in few places which is extremely deleterious to human and animal health.
4. The learned Counsel also submitted that none of these colonies have provided for rain harvesting and it is not known as to how Kolkata Municipal Corporation has even given permission to these colonies to be set up or to expand their area of construction without first providing mechanism for rain harvesting.
5. The learned Counsel further submits that it is not known as to how the State Water Investigation Directorate (SWID) has given permission to these colonies for extraction of groundwater and what efforts shall be made by SWID to restrain and put a check on all these colonies against excess extraction of groundwater.
6. In our opinion, matter requires consideration.
7. Issue notice to the Respondents, returnable within four weeks.
8. The learned Counsel for the Applicant is directed to implead State Water Investigation Directorate (SWID), West Bengal in the array of Respondents as Respondent No.8.
9. Mr. Sibojyoti Chakraborty, learned Counsel states that he shall appear for Respondent Nos.2, 4 & 8, West Bengal Housing Board, Kolkata Municipal Corporation and State Water Investigation Directorate.
10. Mr. Dipanjan Ghosh, learned Counsel accepts notice on behalf of the Respondent Nos.3 & 6, West Bengal Pollution Control Board and State Environment Impact Assessment Authority (SEIAA), West Bengal.
2
11. Mr. Surendra Kumar, learned Counsel is present, therefore, we direct him to take notice on behalf of the Respondent No.7, Central Pollution Control Board.
12. All the Respondents may file their counter affidavits within four weeks and shall exchange the same among themselves and the Applicant before the next date of listing.
13. The Applicant shall provide e-copy/soft copy of the original application along with its annexures to all the learned Counsel for the Respondents within 24 hours.
14. List on 10.12.2021.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM October 29, 2021 Original Application No. 87/2021/EZ MN 3