National Green Tribunal
Ankur Sharma vs State Of West Bengal Through The Chief ... on 1 August, 2025
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.101/2025/EZ
Ankur Sharma Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 01.08.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Ankur Sharma, in person
For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1, 4, 7, 8, 9 & 10,
State Respondents (in Virtual Mode),
Mr. Surendra Kumar, Adv. for R-3,
Mr. Dipanjan Ghosh, Adv. for R-5 (in Virtual Mode),
Mr. Sibojyoti Chakrabarti, Adv. for R-6 (in Virtual Mode),
Ms. Rishita Sarkar, Adv. for R-11 & 13
ORDER
1. Affidavit dated 31.07.2025 has been filed by the Respondent No.6, West Bengal Pollution Control Board; the same is taken on record. This affidavit has been filed through e-mail and the letter of the learned Counsel states that due to technical glitches in the portal he has not been able to e-file the affidavit. We accept the affidavit filed through e-mail. The West Bengal Pollution Control Board shall, however, make efforts to e-file the affidavit within one week.
2. Mr. Ankur Sharma, the Applicant who is present in person, prays for and is granted one week time to file rejoinder affidavit to the affidavit of the Respondent No.6, West Bengal Pollution Control Board.
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3. Mr. Surendra Kumar, learned Counsel appearing on behalf of the Respondent No.3, Central Pollution Control Board, also prays for and is granted one week time for filing counter-affidavit.
4. Ms. Rishita Sarkar, learned Counsel who is present in Court, files Vakalatnama on behalf of the Respondent Nos.11 and 13, Pawanputra Tradecom Private Limited and Shrachi Keventer Abasan Private Limited, private respondents; the same is taken on record. When the case is next listed, the name of Ms. Sarkar shall be printed in the Cause-list as Counsel for the said Respondents. Learned Counsel states that the Respondent No.12, Gagan Tradelink Private Limited has merged into Respondent No.11 and does not exist as a separate entity. Let her file an affidavit to that effect. Learned Counsel prays for and is granted one week time for filing counter-affidavit i.e. by 08.08.2025.
5. Mr. Sudip Kumar Dutta, learned Counsel appearing (in Virtual Mode) on behalf of the State Respondents, states that affidavit on behalf of the Respondent No.8, State Water Investigation Directorate (SWID), West Bengal has been filed. The Office of the Tribunal informs that the same is defective as number of pages are illegible. Learned Counsel shall remove the defect and re-e-file the affidavit within one week, i.e., by 08.08.2025.
6. We have gone through the Inspection Report filed with the affidavit of the West Bengal Pollution Control Board. The allegation of the Applicant in the Original Application is that a massive housing complex is being constructed without obtaining prior environmental clearance from the State Environment Impact Assessment Authority (SEIAA), West Bengal on the Dag nos. 404, 488(p), 489, 490, 491, 493, 494, 495, 496, 497, 498, 508, 511(p), 513(p), 2 519(p), and 520(p) of Mouza - Chanda Kanthalberia, J.L. No. 8, Block - Bhangar-II, P.S. - Kolkata, Leather Complex, South 24 Parganas, mentioned in the Original Application and also noted in our order dated 30.06.2025. The Inspection Report which has been filed by the West Bengal Pollution Control Board is silent with regard to the specific allegation of the Applicant as to whether the construction made by the private respondents is legal or illegal. This is a wholly frivolous and irresponsible inspection report.
7. We find that the Inspection Report bears the signature of one N. Das, Assistant Environmental Engineer, Salt Lake Regional Office, that too on internal page no.2 of the Inspection Report. It appears that the Assistant Environmental Engineer, West Bengal Pollution Control Board does not know how to carry out an inspection and does not know what is required out of an inspection. We also direct the West Bengal Pollution Control Board to file fresh affidavit within four weeks.
8. This Inspection Report mentions in the remarks column that the project representative has applied for Environmental Clearance (EC) for the entire project.
The question that arises is as to whether the application of the Project Proponent can be processed in view of the judgment of the Hon'ble Supreme Court of India in Writ Petition (C) No.1394 of 2023 (Vanashakti vs. Union of India) dated 16.05.2025. We, therefore, direct SEIAA, West Bengal to examine the issue and file a categorical affidavit within four weeks stating whether Environmental Clearance can be granted in this case in violation of the judgment and directions of the Hon'ble Supreme Court of India in (Vanashakti Vs. Union of India) supra.
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9. We are also surprised with the recommendations of the 77th Meeting of SEAC, WB (2023-2026), minutes of which have been filed as Annexure-'R2', which also does not show that State Level Expert Appraisal Committee (SEAC) is aware of the judgment of the Hon'ble Supreme Court of India in Writ Petition (C) No.1394 of 2023 (Vanashakti vs. Union of India) supra.
10. List on 07.10.2025.
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B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 01, 2025, Original Application No.101/2025/EZ OM 4