National Green Tribunal
Debasis Das vs 1. The State Of West Bengal on 27 March, 2025
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.231/2024/EZ
Sri Debasis Das Applicant(s)
Versus
The State of West Bengal & Ors. Respondent(s)
Date of hearing: 27.03.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Vikram Ojha, Adv, a/w
Ms. Susama Roy, Adv.
For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1,4,6,8 & 11,
Mr. Ashok Prasad, Adv. for R-3 (in Virtual Mode),
Mr. Ayush Kumar Dadhich, Adv. for R-5 (in Virtual Mode),
Ms. Amrita Pandey, Adv. for R-7 (in Virtual Mode),
Mr. Phiroze Edulje, Sr. Adv. a/w
Mr. Sandipan Das, Adv. for R-9,
Ms. Sonal Sinha, Adv. a/w
Ms. Shabnam Farooqui, Adv. for R-10
ORDER
1. Mr. Vikram Ojha assisted by Ms. Susama Roy, learned Counsel is present on behalf of the Applicant.
2. Ms. Sonal Sinha assisted by Ms. Shabnam Farooqui, learned Counsel appearing on behalf of the Respondent No.10, M/s PS Group Realty Pvt. Ltd. states that counter affidavit has been filed. Office of the Tribunal informs that the same has been put to defect as the requisite fees have not been deposited.
3. Let the requisite fees be deposited within the course of the day.
4. Ms. Sonal Sinha, learned Counsel states that in spite of efforts being made by her to deposit the requisite fees, she has been informed by the office of the Tribunal that the Portal is not functional.
1
5. We therefore accept the hard copy of the affidavit dated 25.03.2025 on record.
6. Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.7, Howrah Municipal Corporation states that she has instructions that Howrah Municipal Corporation will adopt the Joint Committee Report and therefore separate affidavit is not required.
7. Heard learned Counsel for the parties.
(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper) .....................................
B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
March 27, 2025,
Original Application No.231/2024/EZ
SKB
2
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.231/2024/EZ In the matter of:
Debasis Das Son of Sri Jawhar Das Residing at 115, G. T. Road (N), Salkia, Post Office - Salkia, Police Station - Golabari, District - Howrah - 711106 .... Applicant(s) Versus
1. The State of West Bengal Represented by the Chief Secretary, Government of West Bengal, Having its office at Nabanna (13th Floor), 325, Sarat Chatterjee Road, Shibpur, Howrah - 711 102
2. Ministry of Environment, Forests and Climate Change Government of India, Service through its Deputy Director General, Integrated Regional Office, Kolkata, IB-198, Sector - III, Salt Lake City, Kolkata - 700 106
3. Central Pollution Control Board Represented by its Member Secretary, Having its office at Parivesh Bhavan, East Arjun Nagar, Delhi - 100032
4. Department of Environment, Government of West Bengal, Through its Principal Secretary, Having office at Pranisampad Bhawan, Block (5th Floor), IB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata - 700106
5. West Bengal Pollution Control Board Represented by its Member Secretary, Having office at Paribesh Bhavan, 10A, Block-1A, Sector-III, Salt Lake City, Kolkata - 700106 3
6. District Magistrate, District - Howrah Having its office at 6, Rishi Bankim Chandra Road, Post & PS - Howrah, District - Howrah - 711 101
7. The Commissioner of Howrah Municipal Corporation Having its office at 4, Mahatma Ganghi Road, Post & PS - Howrah, District - Howrah - 711 101
8. Principal Chief Conservator of Forests & HoFF, West Bengal Having its office at Aranya Bhawan, LA-10A Block, Sector - III, Salt Lake, Kolkata - 700106
9. The Chief Project Manager of Rail Land Development Authority, Having its office at Unit No.702-B, 7th Floor, Konnectus Tower-II, DMRC Building Ajmeri Gate, New Delhi - 110002
10. M/s PS Group Realty Pvt. Ltd.
Represented through its Chairman Prashant Chopra, and Its Managing Director Gaurav Dugar, Having their registered office at 1002 E M Bypass, Kolkata, West Bengal - 700105
11. The Divisional Forest Officer, Howrah Division Having office at 5, M. G. Road, Dalmia Park, Stadium Complex, 1st Floor, Howrah - 711 101 .... Respondent(s) Date of hearing: 27.03.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Vikram Ojha, Adv, a/w Ms. Susama Roy, Adv.
For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1,4,6,8 & 11, Mr. Ashok Prasad, Adv. for R-3 (in Virtual Mode), Mr. Ayush Kumar Dadhich, Adv. for R-5 (in Virtual Mode), Ms. Amrita Pandey, Adv. for R-7 (in Virtual Mode), Mr. Phiroze Edulje, Sr. Adv. a/w Mr. Sandipan Das, Adv. for R-9, Ms. Sonal Sinha, Adv. a/w Ms. Shabnam Farooqui, Adv. for R-10 ORDER 4
1. The present Original Application has been filed by the Applicant alleging large scale illegal felling of trees at the property situated at premises No.1, Acharya Tulsi Marg, Police Station - Golabari, District - Howrah (also known as property situated at H8QV + WHP, Salt Golah, beside river Hooghly within the jurisdiction of Golabari Police Station, District - Howrah - 711106).
2. It is stated that the Respondent No.9, Rail Land Development Authority ('RLDA' for short) appointed a Developer firm, the Respondent No.10, M/s PS Group Realty Pvt. Ltd. and it is alleged that the Respondent No.10 is engaged in the illegal felling of trees within the said property.
3. It is stated that the Applicant had sought certain information under RTI Act 2005 which was responded by the Divisional Forest Officer, Howrah vide letter dated 15.07.2024 stating that there are only 75 trees present in the property even though the RLDA, the Respondent No.9 had through its application dated 20.03.2024 sought permission for cutting trees mentioning therein that there were nearly 235 trees present in the property. The Divisional Forest Officer, Howrah in his subsequent reply dated 15.07.2024 had stated that no permission had been granted to the Respondent No.9 for cutting and felling of trees in the property in question.
4. It is stated that subsequently the Divisional Forest Officer, Howrah on 29.04.2024 had given clearance to the Respondent No.9, Rail Land Development Authority (RLDA) without obtaining any concurrence from the West Bengal Pollution Control Board and without conducting any field enquiry.
5. The Applicant emphasized that the trees at the said property have been illegally cut and felled without any proper clearance or 5 permission and also without holding any proper inquiry of the said property and upon the objection by the Applicant in form of RTI through its Advocate, the Respondent and the authorities have tried their best to cover up their misdeeds and cover up the lapses. It is further alleged that more than 1000 trees have been cut and felled at the said property without having any permission from the concerned authorities and damages to the such number of trees cannot be overlooked keeping in mind the global warming which we are facing.
6. It is alleged that the private Respondents, M/s PS Group Realty Pvt.
Ltd. in connivance with the authorities have illegally cut and felled the trees giving false number of trees present in the said property so that they did not need to plant five times of the cut and felled trees at the said property.
7. It is stated that the said property originally belonged to the "Indian Railways" which was used to transport salt from one place to the other and hence the bank of Ganga just beside the said property was and is known as "Namak Gola Ghat" and the said property lay unused since Independence and since there was already existing greenery within the said property thus during course of time the said greenery expanded. It is further stated that the said property is fully closed and thousands of trees grew since Independence. It was not only a source of fresh air to the residents of North Howrah District but also a beautiful place for morning walkers. The Applicant has referred to several photographs of the said property to show that it was full of greenery and claimed the same can also be ascertained through the extract of the Google Map. 6
8. It is stated that the said "RLDA" being the Respondent No.10 engaged and appointed one developer firm being PS Group Realty Pvt. Ltd. having its registered office at 1002 EM Bypass, Kolkata, West Bengal for development of the said property. There had been thousands of trees existing since independence within the said property and the property was ignored and not in use. The Respondent No.10, in the month of April 2024 started cutting and felling the trees on a large scale at the said property on a large scale.
9. The Respondent No.6, District Magistrate, Howrah in its affidavit dated 12.02.2025 submitted that the site has been inspected by the Committee constituted by the Tribunal comprising of the following members :-
i) Shri Azar Zia, Additional District Magistrate (L 8s LR), Howrah
ii) ShriCBhim Tikader, Asst, Environmental Engineer, WBPCB, Howrah Regional Office
iii) Shri Sandeep Roy, Scientist-D, Regional Directorate, Kolkata, CPCB,
iv) Shri DipEd( Kumar ManclaL Divisional Forest Officer, Howrah Division, Apart from the above-named Committee Members the following officials were also present to facilitate the inspection by the Committee:
a) Shri Partha Pratim Sadhukhan, Officer-in•Charge, Environment Section, District Administration, Howrah,
b) Shri Kamal Saha, Assistant Divisional Forest Officer, Howrah Division, 7
c) Shri Shyamal Ganguly, OA/Expert, RLDA, Kolkata.
d) Shri Avisek Ghosh, Deputy Manager (Legal 8s Business Development), PS Group.
10. The Respondent No.6 further submitted that inspection was conducted on 23.01.2025 and on the basis of the inspection and after scrutiny of the relevant documents it has been observed that there was no contradiction in the RTI reply made by the Divisional Forest Officer, Howrah. It has been noted that total number of trees present in the land were 235 ; number of trees retained by RLDA 160, in addition with number of proposed trees to be cut or felled is
75. Accordingly, the Divisional Forest Officer, Howrah mentioned in his RTI reply that only 75 number of trees have been proposed to be cut and felled.
11. The Applicant has also raised an issue of contradiction in the Clearance given by the Divisional Forest Officer, Howrah to the RLDA on 29.04.2024 vide its Memo allegedly issued without obtaining any concurrence from the WBPCB or conducting any field enquiry and the RTI reply dated 15.07.2024 wherein it is mentioned that "No permission regarding felling of trees has yet been given". District Magistrate, Howrah referred to the findings of the Inspection Committee related to these allegations are as follows:
i) Firstly, there is a difference between certificate of clearance and permission for tree felling. The certificate of clearance as per Section 9(4) of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 is required for approval of plantation plan on the basis of field enquiry, if necessary, and concurrence of WBPCB. Thereafter, the 8 applicant has to submit the certificate of clearance to the sanctioning authority of the building or construction plan as per Section 9(5) of the same Act. Finally, the tree felling permission needs to be obtained as per procedure laid down in Rule 5(2) read with Rule 4 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007 upon submission of the Clearance Certificate as well as the Sanctioned Building or Construction Plan from the appropriate authority. Therefore, the reply of DFO to the RTI query is justified, and it appears that the applicant has misunderstood the provisions of law and procedure as per rules in this regard as he failed to distinguish between clearance certificate and tree felling permission.
ii) Secondly, it has been alleged that the 1st clearance was given by DFO to RLDA on 29.04.2024 without obtaining any concurrence from the WBPCB. It is stated that there is a general concurrence of WBPCB for less than 15 Ha and separate concurrence of the WBPCB was not required in this case. The same fact has been confirmed and reiterated by the letter issued by the Chief Engineer (Planning), West Bengal Pollution Control Board to the Assistant Manager /Projects /BBS, RLDA vide Memo No. 362N-193/2004 (Vol-III) dated 10.07.2024.
iii) Thirdly, it has been argued that the 1st clearance was given without any field enquiry. In this regard, it may be noted that before issuing 1st Certificate of Clearance, a joint enquiry was conducted by a team comprising of RLDA representatives and Range Officer along with his staff of Howrah Urban S.F 9 Range on. 07.04.2024 under the direction of DFO/Howrah Division. The enquiry report was submitted by the Forest Range Officer, Howrah Urban S.F Range to the DFO/Howrah Division vide Memo No. 13/HU-17 dated 08.04.2024.
12. The Inspection Committee has given its findings as under :-
"Report of the Committee constituted by Hon'ble National Green Tribunal, Eastern Zone Bench gollcata vide order dated 02.01.2025 in connection with Q.A. No. 231/2024/EZ in the matter between Debasis Das - vs - the State of West Bengal & Ors. :-
In compliance of the solemn order passed by Honible NGT, Eastern Zone Bench Kolkata on 02.01.2025, an inspection on, the site in question was conducted on 23.01.2025 at 10.00 A.M. by the committee constituted by the Honible Tribunal comprising the following members:
1. Shri Azar Zia, Additional District Magistrate (I, & L,R), Howrah
2. Shri Shim Tikader, Asst. Environmental Engineer, VVBPC13, Howrah Regional Office
3. Shri Sandeep Roy, Scientist-D, Regional Directorate, Xolkata, CPCS.
4. Shri Dipak Kumar Mandal, Divisional Forest Officer, Howrah Division.
The following officials were also present to facilitate the inspection by the Committee:
1. Shri Partha Pratim Saclhulchan, Officer-in-Charge, Environment Section, District Atlinthistration, Howrah.
2. Shri Kemal Saha, Assistant Divisional Forest Officer, Howrah
3. Shri Shyamed Ganguly, OA/Expert, RUDA, Kolkata.
4. Shri Avisek Ghosh, Deputy Manager (Legal & Business Development), PS Group.
5. Shri Fluniayun Kai*, Range Officer, Howrali Urban, S.F Range. 10
During the inspection after going through the relevant documents the following were revealed:
1. The first allegation of the petitioner Is related to certain alleged false information provided by'the DFO to Ins RTI application dated 02.07.2024 to the questions asked pertaining to:
a. Alleged contradiction in the number of trees actually present in the property which is mentioned as 235 in the application filed by 1RLDA with DFO dated 20.03.2024 vis-a-vis the number of 75 trees mentioned by DFO in his RTI reply. The findings in this regard are as follows:
i. It is found that there is no contradiction as, such.
From the 'RTI application it is clear that the applicant has sought information as, "Please provide the number of trees and species of trees cut/felling or proposed to be cut/felled for the proposed construction at the said property...". Thus, the reply of DFO is correct since only 75 trees were proposed to be cut/felled as per the application filed by RLDA dated 20.03.2024, even though the total, number of trees present on the property was 235, out of which 160 trees were proposed to be retained by RLDA for the project. ii. The clear calculation of "(d) Total no. of trees present it% the land (Species and number): 235 nos." Number of trees retained =, 160 in addition with Number of proposed Cutting Trees = 75 i.e. (160+75) =235 nos. (copy enclosed as R-1 & R-2) b. Apparent contradiction between the lei clearance given by DFO to. RLDA on 20.04.2024 vide its memo no. 01/CC/HD/B/24-25, allegedly issued without obtaining any 11 concurrence from the Wl3PCB or conducting any field enquiry and the RTI reply dated 15.07.2024 wherein it is mentioned that "No permission regarding felling of trees has yet been given'. The findings relathd to these allegations are as follows:
i. Firstly, there is a difference between certificate of clearance and permission for tree felling. The certificate of clearance as per Section 9(4) of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 is required for approval of plantation plan on the basis of field enquiry, if necessary, and concurrence of VIBPCB. Thereafter, the applicant has to submit the certificate of clearance to the sanctioning authority of the building or construction plan as per Section 9(5) of the same Act. Finally, the tree felling permission needs to be obtained as per procedure laid down in Rule 5(2) read with Rule 4 of the West Bengal Trees (Protection and Conservation in Non- Forest Areas) Rules,2007 upon submission of the Clearance Certificate as well as the Sanctioned Building or Construction Plan from the appropriate authority. Therefore, the reply of DFO to the RTI query is justified, and it appears that the applicant has misunderstood the provisions of law and procedure as per rules in this regard as he failed to distinguish between clearance certificate and tree felling permission.
ii. Secondly, it has been alleged that the 131 clearance was given by DFO to RLDA on 12 29.04.2024 vide its memo no. 01/CC/HD/B/24- 25 without obtaining any concurrence from the WBPCB. In this regard, it may be noted that there exists a general concurrence of W.B.P.C.D. for projects spanning less than 15 Ha vide letter no.
EN/2372/T-1-3001/2006 dated 07.11.2007 due to which separate concurrence of the WBPCB was not required in this case. The same fact has been confirmed and reiterated by the letter issued by the Chief Engineer (Planning), West Bengal Pollution Control Board to the Assistant Manager / Projects /BBS, RLDA vide Memo No. 36-2N-193/2004 (Vol- III) dated 10.07.2024.
iii. Thirdly, it has been alleged that the 1st clearance:was given without any field enquiry. In this regard, it may be noted that before issuing 1st Certificate of Clearance vide No. 01/CC/ HD/B/24-25 dated 29.04.2024, a joint enquiry was conducted by a team comprising of RLDA representatives and Range Officer along with his staff of Howrah Urban S.F Range on 07.04.2024 on the basis of direction from DFO/Howrah Division issued on 02.04.2024 (copy enclosed as R-5). The enquiry report was submitted by the Forest Range Officer, Howrah Urban S,F Range to the DFO/Howrah Division vide Memo No. 13/HU- 17 dated 08.04.2024.
2. It has been further alleged that in the RT1 reply dated 01.08.2024 to the 2nd RTI application submitted by the petitioner to the DFO on 23.07.2024, the DFO has mentioned that the field enquiry for ascertaining the number of trees in the property had been done on 13 02.07.2024 and 08.07.2024 which implies that the clearance was granted on 29.04.2024 without conducting the field enquiry. a. As reported previOusly, it is quite evident that a field enquiry was conducted on 07.04.24 by a team comprising of RLDA representatives and Range Officer along with his staff of Howrah Urban S.F Range and a report was submitted including details of the count of trees to be felled for which clearance had been sought, prior to the issuance of fat clearance certificate on 29,04,2024. Therefore, the above allegations cannot be sustained.
i. It appears that the applicant's 2nd RTI application dated 21.07.2024 was not specific to the issuance of clearance certificate, and therefore, the DFO in his 2nd RTI reply dated
01..08.2024 has reported the most recent field enquiries conducted prior to the date of 2nd Ron application by the petitioner. However, it is to be noted that these field enquiries dated 02.07.2024 and 08.07.2024 were conducted for entirely different reasons and not connected with the lit Clearance Certificate issued on 29,04.2024. ii. The enquiries dated 02.07.2024 and 08.07.2024 were part of a subsequent enquiry procedures based on the application of RLDA for final tree felling permission after obtaining the sanction for building plan vide no.
RLDA/201'8,/Coral./BD/Salt Golah, Howrah (ER)/1147 (Part-3) dated 18.06.2024 (Copy enclosed as R-7) as per Rule 5(2) of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007.
3. The Committee members in the said project site observed that the 160 old trees were retained and accounted for, and plantation of new trees were in progress as per approved revised plantation plan (Copy enclosed as R-8 and R-9)."
14
13. The Divisional Forest Officer, Howrah in its affidavit dated 12.02.2025 submitted that on 12.03.2024, Rail Land Development Authority (RLDA) being the Respondent No. 9 herein had applied to the Divisional Forest Officer, Howrah Division for cancellation of previous felling permission and submitted partial plan for fresh approval, herein due to change in the land area from 17.42 Acres to 2 Acres.
14. It is further stated that on 15.03.2024 vide letter no. 1264/28-2 the Divisional Forest Officer, Howrah Division instructed the Range Officer, Howrah Urban Range for enquiry which was conducted on 27.03.2024. Subsequently, vide letter no.
RLDA/2018/Coml./BD/Salt Golah, Howrah (ER)/1147/Part -3) dated 20.03.2024, the Respondent No. 9 i.e the Chief Project Manager, Rail Land Development Authority, Kolkata applied for Residential Cum : Commercial Development on Railway Land at 1 Acharya Tulsi Marg, earlier known as Salida School Road) Howrah - 71101, Ward No. 13 of Mouza Golabari, PS- Golabari, J.L. No. 1, District -- Howrah, P.O. Howrah, Salt Golah on the Western bank of Hooghly River in Howrah (West Bengal) and an amount of Rs.1000/(Rupees One Thousand)only was successfully deposited as Government fees for the Developers Vide BRN NO. 8979108702833, Dated 20.03.2024.
15. It is stated that the Plantation programme was also submitted against seventy five trees proposed for felling. Along with that 1203 (One thousand two hundred three) trees were proposed for plantation at a spacing of 3.5 mtr x 3.5 mtr. The number of plants were calculated as under :-
1. Area of Land = 83446.005 Sqm. (20.62 Acres).
2. Considering 20 % Green = (83446.005 x 0.20) = 16693.201 Sqm, 15
3. Total Number of Trees = 16693.201/12.25) = 1363.
4. Number of TREES RETAINED = 160.
5. Number of Cutting Trees = 75 (Includes 375 no's of Trees to be planted against felling No's of 75 Trees).
6. Number of Trees to be Planted = 1363-160)= 1203
16. The Range Officer Howrah Urban SF Range was instructed to conduct an inquiry on 02.04.2024 and the report was submitted to the Divisional Forest Officer, Howrah on 08.04.2024. Through an affidavit vide number 78 AB 8607772, dated 08.04.2024 RLDA Kolkata undertook that plantation will be done only after the completion of the construction project.
17. It is further stated that vide Certificate No. - 01/CC/HD/B/24-25, dated 29.04.2024, Plantation was proposed and Certificate of Clearance was issued for Developer and subsequently Plantation Plan was also approved. That on 18.06.2024 Rail Land Development Authority forwarded the building permit issued by the Commissioner, Howrah Municipal Corporation vide no. SWSOBPAS/ 1902/2024/0761 Dated 13.06.2024.
18. It is stated that a letter was received from the Chief Engineer (Planning) West Bengal Pollution Control Board on 15.07.2024 conveying their general concurrence vide no. EN/2372/T-1- 3/001/2006/ 1 dated 07.12.2007 regarding issuance of certificate of clearance. On 25.07.2024 Rail Land Development Authority, Kolkata again pursued for safety and security measures at the said property.
19. On 05.08.2024 after proper enquiry vide no.2715/28-2 the Divisional Forest Officer, Howrah Division intimated to the Chief Project Manager, Rail land Development Authority, Kolkata about inclusion of 145 more trees in their building plan which were attached from old dilapidated building. Vide letter No.1147(Pt. V) 16 dated 08.08.2024 Rail Land Development Authority has agreed with the proposal of Divisional Forest Officer.
20. Subsequently on 13.08.2024 RLDA submitted revised plantation plan and the list of trees to be felled was revised trees were proposed for felling.
Tree Plantation Calculation:
1. Area of Land = 83446.005 Sqm. (20.62 Acres)
2. Considering 20 % Green -- (83446.005x0.20) = 16693.201 Sqm
3. Total Number of Trees = 16693 .201/12.25) = 1363
4. Number of TREES RETAINED = 160
5. Number of Cutting Trees = 220 (Includes 1100 no. of trees to be planted against felling No's of 220 Trees).
6. Number of Trees to be Planted = (1363-160)= 1203.
21. On 14.08.2024 the recommendation of (EC) (Environment Clearance) for the project through Rail Land Development Authority vide EC identification ' no.EC24B3813WB5753543N was received.
22. On 16.08.2024 the Rail Land Development Authority again pursued the matter with undertaking in response of DFO, Howrah Division's letter no. 2809/28-2 dated 16.08.2024 vide their office letter no. RLDA/2018/Comt/BD/Salt Golah,Howrah(ER)/1147(Part-5) dated 16.08.2024 regarding planting the required plantation and they have submitted revised plantation plan and list of trees to be felled under revised format.
23. The Divisional Forest Officer, Howrah Division enquired about the concurrence of Pollution Control Board again on 16.08.2024 vide this office letter no.2807/28-2. After receiving the concurrence of the West Bengal Pollution Control Board, revised plantation plan along with certificate of clearance was issued on 20.08.2024 and also the required felling permission for 220 trees was issued on the same date after fulfillment of all necessary conditions. Thus 17 number of trees for felling was increased from the pervious no. 75 (seventy five) to 220 (two hundred twenty), the requirement for issuing revised plantation plan became mandatory along with fresh Certificate of Clearance.
24. Finally on 20.08.2024 the DFO/Howrah Division has approved the revised plantation plan along with i.e. the Certificate of Clearance. Previously issued certificate of clearance dated 29.04.2024 was also cancelled. On the same date the felling permission for felling of 220 nos. of trees was issued vide No. 23/FP/HD/B/24-25 as per provisions of The West Bengal Trees (Protection and Conservation im non Forest Areas) Act,2006 and The West Bengal Trees (Protection and Conservation in non Forest Areas Rules. 2007.
25. It is submitted by the Divisional Forest Officer, Howrah that felling permission for 220 trees was granted maintaining all procedures. It was observed that their was an existing felling permission vide no. 26/FP/HD/B/23-24 dated 31.08.2023 (due to minor clerical mistake it was written as 31.08.2024) on the same plot. Thus the previous felling permission' was required to be cancelled. No second permit regarding felling of trees on the said property of Rail Land Development Authority was issued by the competent authority that is the Divisional Forest Officer, Howrah Division during 2024-25.
26. The Respondent No.9 has also filed its affidavit and submitted that they are already planting 1203 trees against the requirement of plantation of 1100 nos. of trees (against felling permission of 75+145=220 trees) in accordance with approved plantation plan.
27. The Respondent No.10, PS Group Realty Pvt. Ltd. has submitted its affidavit dated 25.03.2025 wherein it is stated that as part of the proposed development of the 20.62 Acres Land, RLDA had 18 conducted a competitive bidding process to undertake the development of land measuring about 17.41 Acres out of the 20.62 Acres Land for a lease period of 99 years, on the terms and conditions specified therein. PS Group Realty Private Limited (the Respondent No.10 herein) was the successful bidder and was issued the Letter of Acceptance dated 14.10.2022 by RLDA. Consequently "Lease Deed" dated 21st day of June, 2024 was signed between the RLDA and PS Group Realty Private Limited. The RLDA on 2nd March 2023 has already made a representation to the Divisional Forest Officer, Directorate of Forest, seeking approval of a plantation plan for development of the said land in question, for residential cum commercial purpose in conformity with the West Bengal Municipal Building Rules, 2007 and its amendments.
28. It has been submitted that initially permission was sought from the Divisional Forest Officer for felling of 51 trees. It was indicated in the said representation dated 11th April, 2023 that the Respondent No.10 company was in-charge of developing the said premises and had planned to build a multistoried residential cum commercial project. It was specifically indicated that there were 51 trees falling inside the building layout at indicated in the plan. Such trees were to be felled to facilitate the construction of the building. It was also undertaken at the same time that 1098 trees shall be maintained by this project which was much more than the required criteria.
29. It is further submitted that due to increase in area and also due to inclusion of some trees dangerously growing over the dilapidated structures it was decided by the appropriate authority of West Bengal Forest Department that 220 trees would be required to be felled, and consequent permission was granted. Further, the 19 authority also approved plantation plan for planting 1203 nos. of trees which is more than the required number (220X5=1100) as per the provisions of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 and the rules made thereunder.
30. We have heard learned Counsel for the parties and perused the documents on record.
31. It is evident from the details submitted that no tree has been cut without permission and permission has been granted in accordance with West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 and the rules made thereunder. In total 220 trees are required to be felled against which five times number of trees i.e. 1100 trees should be planted whereas the approved plantation plan is for 1203 trees which is more than the required number of trees.
32. We do not find any violation of the environmental norms in this case.
However, we direct the Divisional Forest Officer, Howrah to ensure that the plantation plan of 1203 trees are executed in accordance with the approved plan and the plantation is protected well.
33. With these observations, we dismiss the present Original Application.
34. There shall be no order as to costs.
35. I.As, if any, stand disposed of accordingly.
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM March 27, 2025, Original Application No.231/2024/EZ SKB 20