Disposed

Smt. Dhruba Dasgupta D/O Amitava Das Gupta v. Ministryof Environment Forest & Climate Change through Its Principal Secretary

NGT11 Mar 2022IA No. 28/2021 in Original Application No. 78/2016

Case brief

AI extract

What is this about?

The National Green Tribunal directed the Bidhannagar Municipal Corporation to demolish illegal concrete constructions found at Ghosher Khal and the Kolkata Municipal Corporation to act against unlicensed plastic waste segregation units and remove water hyacinth from drainage channels.

What did the court decide?

Demolition of illegal construction; action against illegal plastic waste segregation operators; removal of water hyacinth.

Smt. Dhruba Dasgupta D/O Amitava Das Gupta vs Ministryof… — Environment and Pollution | NGT (2022)

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Item No. 04

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)

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Original Application No.78/2016/EZ (M.A. No.30/2018/EZ & I.A. No.28/2021/EZ)

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Society for Directive Initiative for Social & Health Action

Applicant(s)

Versus

MoEF & Ors.

Respondent(s)

Date of hearing: 11.03.2022

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s) : Mr. Santanu Chakraborty, Advocate

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For Respondent(s) : Mr. Gora Chand Roy Choudhury, Advocate for R-1&2,

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Mr. Sibojyoti Chakraborty, Advocat for R-3,4,5 & 9,

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Mr. Dipanjan Ghosh, Advocate for R-6, Mr. Ashok Kumar Banerjee, Sr. Advocate a/w Mr. Sibojyoti Chakraborty, Advocate for R-7, Ms. Paushali Banerjee, Advocat for-8 & 10

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ORDER

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Mr. Santanu Chakraborty, learned Counsel for the Applicant is

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present through virtual court proceedings.

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One affidavit dated 10.03.2022 has been filed by Respondent No.6, West Bengal Pollution Control Board; same is taken on record.

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Along with this affidavit an Inspection Report of an inspection carried out on 15.02.2022 has also been filed. The observations of the Committee are reproduced herein under:-

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“Observation:

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1. The Committee members visited the site on 15.02.2022 and observed that reinforced concrete abutment walls walls of approx 2.50 m long were constructed without deck slab along the Ghosher Khal, nearer to Premtosh Ghosh’s Bheri, located in Mouza Dhapa Manpur. No construction activity was observed during inspection.

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It may be mentioned here that EKWMA has already forwarded two nos. of complaints on 11.12.2020 & 05.10.2021 before the Bidhannagar South Police Station and subsequently a case bearing no.164/2020 dated 11.12.2020 has been initiated by the Bidhannagar South Police Station.

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Therefore, the Commissioner, Bidhannagar Municipal Corporation may be directed to take necessary steps for demolition of the said construction.

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2. This site of the illegal plastic unit behind Dakshin Gorumara Bheri in dag No.1675, J.L. No.2, sheet No.7, Mouza Dhapa, visited by the committee members and it was observed that a few people are engaged for segregation of the plastic wastes in purely temporary structures (Polyethene Sheet) as a Material Recovery Facility (MRF). This zone is located within Ward No.108 of KMC.

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No Certificate of enlistment has been issued by KMC for running such activities.

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As per LT Record, the land of the said Dag no. is vested and under control of ADM (LR) and DL & LRO South-24Pargans.

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It may be mentioned here that EKWMA has already been forwarded one no. complaint on 25.01.2021 before the Anandapur Police Station and at the same time the matter has already been conveyed to the District Magistrate, South 24 Parganas to take necessary action in this regard

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vide Memo No.070/CTO/EN/108(7)/2014-15 dated 18.02.2021 by EKWMA.

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Therefore, KMC may be directed to take necessary action as per the prevailing rules and regulations.

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3. During stated sites visit, the complainant further requested to visit channel nearer to Lalkuthi Syphon and accordingly the committee members also visited the drainage channel nearer to Lalkuthi Syphon and observed that the said drainage channel is full of water hyacinth. The representative of KMC has been requested to clean the said drainage channel.

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It is pertinent to mention here that the Sewerage and Drainage Department of the KMC has already been taken up the scheme to remove the water hyacinth, jungle, silt, slush and other floating materials. The photocopy of the Note Sheet of Deputy Chief Engineer (C), S & D Deptt. KMC Enclosed as Annexure-III.”

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The Committee has found that reinforced concrete abutment walls of approximately 2.50 m in length has been constructed without deck slab along the Ghosher Khal, nearer to Premtosh Ghosh’s Bheri, located in Mouza Dhapa Manpur. It is stated that the construction work was undertaken without any permission either from East Kolkata Wetland Management Authority (EKWMA) or from Bidhannagar Municipal Corporation (BMC). Two complaints have already been filed with the Bidhannagar South Police Station and Case No.164/2020 dated 11.12.2020 has already been initiated against the offenders. It is also requested that the

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Commissioner, Bidhannagar Municipal Corporation be directed to take necessary steps for demolition of the said construction.

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We, therefore, direct the Commissioner, Bidhannagar Municipal Corporation to take necessary steps for implementation of the directions given by the Committee constituted by this Tribunal with regard to demolition of illegal constructions mentioned in paragraph 1 of the Report of the Committee under the heading

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“Observation”.

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We direct the Applicant to implead the Bidhannagar Municipal Corporation (BMC) through its Commissioner in the array of respondents as Respondent No.10.

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Ms. Paushali Banerjee, learned Counsel who is present in the Court for KMDA and who is also counsel for the Bidhannagar Municipal Corporation is directed to take notice on behalf of the Respondent No.10, Bidhannagar Municipal Corporation and file a counteraffidavit by the next date of listing.

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The Committee has also found that in Dag No.1675, J.L. No.2, Sheet No.7, Mouza Dhapa, some persons were engaged in work of segregation of plastic wastes in purely temporary structures made of Polyethene Sheet as a Material Recovery Facility (MRF). It is stated that no certificate of enlistment has been issued by the Kolkata Municipal Corporation (KMC) for running such activities.

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We, therefore, direct the Kolkata Municipal Corporation to take necessary action against the persons illegally involved in such works and for stopping such activities and taking necessary action against the illegal operators of such Material Recovery Facility.

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However, the question still remains regarding removal of the plastic wastes or segregation of the plastic wastes.

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We direct the Kolkata Municipal Corporation to ensure that plastic wastes are removed/segregated as per prevailing environmental norms and rules.

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It is also mentioned in paragraph 3 that Drainage Channel nearer to Lalkuthi Syphon is full of water hyacinth.

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We direct the Sewerage and Drainage Department of the Kolkata Municipal Corporation to ensure removal of water hyacinth, jungle, silt, slush and other floating materials from the drainage to ensure free flow of water in the drainage channel.

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A summary of issues have been filed by the Applicant at page no.671 of the paper book, with a chart showing matters where action is still required to be taken.

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We direct the Committee constituted by the Tribunal to also examine the issues raised by the Applicant in his summary of issues and what action has been taken in that regard and what action still requires to be taken. If any action is still required to be taken, the Committee shall fix the timeline for completion along with an Action Taken Report by the next date of listing.

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Mr. Santanu Chakraborty, learned Counsel shall provide e- copy/soft copy of his summary of issues to Mr. Dipanjan Ghosh, learned Counsel within 24 hours.

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List on 21.04.2022.

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I.A. No.28/2021/EZ:-

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I.A. No.28/2021 taken up. This application has been filed by the Applicant with the prayer to direct the Respondent Nos.3, 4, 6, 7 & 9 to conduct a Joint Inspection along with the applicants and their associates in the concerned area.

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In view of the above, directions already passed in the original application, the I.A. No.28/2021/EZ stands disposed of accordingly.

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B. Amit Sthalekar, JM

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................................... Saibal Dasgupta, EM

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March 11, 2022 Original Application No.78/2016/EZ (M.A. No.30/2018/EZ & I.A. No.28/2021/EZ) MN

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Smt. Dhruba Dasgupta D/O Amitava Das Gupta v. Ministryof Environment Forest & Climate Change through Its Principal Secretary

Case brief

What is this about?

What did the court decide?

Smt. Dhruba Dasgupta D/O Amitava Das Gupta v. Ministryof Environment Forest & Climate Change through Its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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