National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs The State Of West Bengal on 20 November, 2024
Item No.11 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.110/2024/EZ
Tribunal on its own Motion in
Re: Illegal water land fill up at
BMC Ward No.2, Narayanpur, Rajarhat Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 20.11.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1,
Ms. Paushali Banerjee, Adv. for R-2 (in Virtual Mode),
Mr. Rajib Ray, Adv. for R-3 (in Virtual Mode)
ORDER
1. With regard to the issue involved in the present case whether the alleged water body standing in Ward No.-02, Narayanpur, Uttarayan, Cycle Factory Ground, Bidhannagar Municipal Corporation, Kolkata is land or recorded as water body in their revenue records is a question which is engaging the attention of the Hon'ble High Court of Calcutta in WPA No.13845 of 2024 (Narayanpur Pukur Bachao Committee & Ors. Vs State of West Bengal & Ors.) as stated in the counter-affidavit of the District Magistrate, North 24 Parganas dated 15.10.2024.
2. The copy of the order of the Hon'ble High Court dated 16.05.2024 has been filed along with the affidavit to confirm the facts and the Hon'ble High Court has also directed the District Land & Land Reforms Officer to file spot Inspection Report before the Hon'ble 1 High Court. A copy of the Enquiry Report has been filed as Annexure-A7 to the affidavit of the District Magistrate, North 24 Parganas:-
(i) It is found that the water body is semi-derelict in nature and weed infested.
(ii) It is completely chocked with algae and different type of aquatic flora."
3. However, considering that the controversy involved in the present case is engaging the attention of the Hon'ble High Court of Calcutta, we adjourn this matter.
4. The learned Counsel for the parties shall inform this Court of any order which may be passed by the Hon'ble High Court in the meantime.
5. Mr. Sibojyoti Chakrabarti, learned Counsel who is present in Court files Vakalatnama on behalf of the West Bengal Pollution Control Board; the same is taken on record.
6. List on 17.01.2025.
..................................... B. Amit Sthalekar, JM .............................................
Dr. A. Senthil Vel, EM November 20, 2024, Original Application No.110/2024/EZ OM 2