National Green Tribunal
Rajat Chowdhury vs The State Of West Bengal on 30 April, 2024
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.87/2024/EZ
Rajat Chowdhury Applicant(s)
Versus
The State of West Bengal & Ors. Respondent(s)
Date of hearing: 30.04.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Priyabrata Thakur, Advocate a/w
Mr. Dipankar Thakur, Advocate
ORDER
1. Heard Mr. Priyabrata Thakur assisted by Mr. Dipankar Thakur, learned Counsel appearing for the Applicant.
2. The present Original Application has been filed by the Applicant stating that he is a co-owner along with Respondent No.9 of the multi-storied residential building at premises No.105, Manik Bandyopadhyay Road (formerly known as Neogi Para Road, Kolkata-700036), P.S.-Baranagar, Kolkata.
3. It is stated that the Respondent No.9 on 15.01.2018 by a registered Deed of Conveyance purchased from the Developer-Respondent No.10, one shop room No.G-3A on the ground floor, North side of the building known as 105, Manik Bandyopadhyay Sarani, Kolkata. It is also stated that the property was sold to the Respondent No.9 only for purposes of selling his goods from the shop room and not to use the same as a manufacturing Unit by using grinder machines, drilling machines and using chemical hazardous substances more so since a condition was imposed upon him that he cannot carry out any trade or business of offensive and unethical nature pursuit which may create nuisance, annoyance or 1 danger to the owners or successor in title or to the owners or co- buyers of other flats.
4. It is alleged that the Respondent No.9 started the business in the name of 'Ayush Yaman Furniture' converting the shop into a manufacturing Unit without valid license. It is also alleged that the work in the shop is carried out about 09:00 a.m. to 11:00 p.m. at night using different types of grinding machines, drilling machines and wood cutting machines which is making enormous unbearable sound throughout the day and he and his co-workers are also using toxic chemicals for their product causing irritation in the eyes and nose of the residents of the said building and other persons coming to the building.
5. It is stated that the Applicant lodged the complaint before the Senior Scientist, West Bengal Pollution Control Board on 17.03.2023 but till date no action has been taken.
6. It is stated that in response to the Applicant's complaint dated 17.03.2023, the West Bengal Pollution Control Board directed the Officer-in-Charge, Baranagar Police Station, 47, Barrackpore Trunk Road, Dist.-North 24 Parganas, Kolkata vide its letter dated 31.05.2023 (Annexure-E to the Original Application) with a copy to its Regional Office, Barrackpore, to examine the matter but it is stated that thereafter also nothing has been done till date. Question is what action has been taken by the West Bengal Pollution Control Board with regard to its letter dated 31.05.2023 and whether any Report has been submitted by Officer-in-Charge, Baranagar Police Station or the Regional Office of West Bengal Pollution Control Board, though eleven months have passed.
7. Matter requires consideration.
8. Issue notice to the Respondents.
2
9. Mr. Sibojyoti Chakraborty, learned Counsel who is present in (Virtual Mode), accepts notice on behalf of the State Respondents.
10. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent Nos.2 & 3, West Bengal Pollution Control Board.
11. We direct the State Respondents and West Bengal Pollution Control Board to file their report by 06.05.2024 since almost 11 months have passed and the contention of the Applicant is that no action has been taken till date.
12. The Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sibojyoti Chakraborty and Mr. Dipanjan Ghosh, Counsel for the Respondents today itself.
13. List on 06.05.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM April 30, 2024, Original Application No.87/2024/EZ MN 3