National Green Tribunal
Ankur vs The State Of West Bengal Represented By ... on 19 July, 2021
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 32/2021/EZ
Ankur Sharma Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 19.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Ankur Sharma, Advocate
For Respondent(s) : Mr. Prithwish Basu, Advocate for
Respondent No. 4.
Mr. Bikas Kargupta, Advocate for
No.1,3, 5 & 6
Mr. Surendra Kumar, Advocate for
Respondent No.2.
Mr. Shreyasi Sanyal, Advocate for
Respondent Nos. 7 to 11.
ORDER
1. Mr. Ankur Sharma, Applicant is present in person.
2. Mr. Prithwish Basu, Ld. Counsel is present for the West Bengal State Pollution Control Board, Respondent No. 4.
3. Mr. Bikas Kargupta, Ld. Counsel is present on behalf of State of West Bengal, Respondent Nos. 1, 3, 5 & 6.
4. When the case is called out, Mr. Shreyasi Sanyal, Ld. has put in appearance on behalf of Respondent Nos. 7 to 11, Private 1 Respondents. Registry is directed that henceforth his name shall be printed in the cause list.
5. Mr. Prithwish Basu, Ld. Counsel for the State PCB has filed report of the Committee but it is not on affidavit. Besides, a large number of pages of the report are illegible as agreed by Mr. Basu himself.
6. We, therefore, direct Mr. Basu to file the committee's report on affidavit within one week ensuring that all pages along with the documents are legible. Mr. Basu shall serve the e- copy of the affidavit as well as legible copies of the committee's report on all the Respondents including the Applicant who appears in person, at least one week before the next date fixed.
7. All the Respondents may file their responses/objections, if any, to the committee's report within a further two weeks.
8. We also direct that in future in all cases whenever a committee report is called for by the Tribunal, the same shall be brought on record through an affidavit and the Respondents shall also give para-wise reply to the averments made in the O.A.
9. Mr. Sreyasi Sanyal, Ld. Counsel for the Respondent Nos. 7 to 11 states that he has filed an I.A. on 17.07.2021. The same is not on record. The Registry is directed to trace out the said I.A. and place the same on record before the next date of listing.
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10. Mr. Sanyal shall serve e-copy/soft copy of the I.A. along with all its annexsures, if any, on the counsel for the Applicant as well as the counsel for the Respondents within 24 hours.
11. Mr. Sanyal, Ld. Counsel for Respondent Nos. 7 to 11, has made a categorical statement before the Tribunal that the work of "Swayam City' Project has been completely stopped since January, 2021.
12. This is disputed by Mr. Ankur Sharma, Applicant, who states that the work was going on till the date of the inspection.
13. Be that as it may, considering the statements of Mr. Sanyal and Mr. Ankur Sharma, we direct that the work of the 'Swayam City' project shall remain suspended till further order of the Tribunal.
14. List on 20.08.2021.
.................................. B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM July 19, 2021 Original Application No.32/2021/EZ AKC 3