Dismissed

Tapas Kumar Das v. State of West Bengal through the Principal Secretary Department of Urban Development & Municipal Affairs

NGT22 Mar 2022Original Application No. 29/2022

Case brief

AI extract

What is this about?

The application alleging narrowing of Churial Canal capacity by a private entity and defective sewage flow was dismissed with liberty to file a fresh application after counsel admitted lack of RTI response.

What did the court decide?

Withdrawal of the original application with liberty to file a fresh Original Application with full particulars.

Tapas Kumar Das vs State of West Bengal through the… — Environment and Pollution | NGT (2022)

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Item No. 02

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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. 29/2022/EZ (I.A. No. 31/2022/EZ)

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In the matter of :

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Mr. Tapas Kumar Das, Aged about 45 years, S/o Santosh Kumar Das, R/o 250B, Motilal Gupta Road, Haridevpur, Pin – 700082,

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Aniruddha Bhattacharya, Aged about 60 years, S/o Late Rampati Bhattacharya, R/o 40/1A, Joynuddi Mistri Lane, Kolkata – 700027,

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Jayanta Ghosh, S/o Dwijendra Nath Ghosh, R/o A-27/10, Srijani, Joka, South 24 Parganas,

Pin - 700104,

...Applicant(s)

Versus

State of West Bengal, Through Principal Secretary Urban Development and Municipal Affairs, Nagarayan, DF-8, Sector-I, Salt Lake, Kolkata – 700064,

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Principal Secretary, Irrigation and Waterways Department, Jalasampad Bhaban, 1^st Floor, Bidhannagar, Salt Lake, Kolkata – 700091,

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Kolkata Municipal Corporation, 5, S.N. Banerjee Road, Kolkata, Pin – 700013,

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Kolkata Environmental Improvement Investment Programme (KEIIP), Unnayan Bhavan, 206, A.J.C., Bose Road, Kolkata – 700017,

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West Bengal Pollution Control Board, Through Member Chairman, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata – 700106,

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State Environment Impact Assessment Authority, West Bengal, Pranisampad Bhawan, 5^th Floor, Sector-III, Salt Lake, Kolkata – 700106,

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Asian Development Bank, Through Country Director, India Resident Mission, 4 San Martin Marg, Chanakyapuri, New Delhi – 110021,

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Additional Chief Secretary, Department of Environment, 5^TH Floor, Prani Sampad Bhawan, Block-LB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata – 700106, ...Respondent(s)

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Date of hearing: 22.03.2022

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

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For Applicant(s) : Ms. Saloni Bhattacharjee, Advocate

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ORDER

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Heard Ms. Saloni Bhattacharjee, learned Counsel for the Applicants.

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This Original Application has been filed by the Applicants with the allegation, and as also submitted by the learned Counsel for the Applicants, that the Churial Canal 0.50 km. and Churial extension canal 2.13 km. is about 50-60 feet wide and 16-20 feet in width and carries sewage and storm water to the Hooghly but this pipeline is being narrowed down and the flow of such sewage and storm water is sought to be carried through pipe conduits. It is stated that the capacity of the pipe conduits is 5.660 cumec as against the designed capacity of the Churial main canal at this point which is 19.25 cumec.

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Reliance has been placed upon a letter of the Irrigation and Waterways Directorate, Govt. of West Bengal, dated 24.07.2017 (Annexure-A-10 to the Original Application), addressed to the

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Project Director, Kolkata Environment Improvement Investment Programme under the Kolkata Municipal Corporation.

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The matter is more than five years old. Nothing has been stated as to what action has been taken on this letter of 27.04.2017 by the Kolkata Municipal Corporation.

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The learned Counsel for the Applicant is not able to show as to whether any RTI application was moved before the Kolkata Municipal Corporation to elicit information with regard to action taken on this letter of 27.04.2017.

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Learned Counsel for the Applicants, therefore, prays that she may be permitted to withdraw the Original Application with liberty to file a fresh Original Application with full particulars.

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The Original Application is accordingly dismissed with the aforesaid liberty.

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I.A. No. 31/2022/EZ is also stands disposed of.

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B. Amit Sthalekar, JM

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

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Dr. Vijay Kulkarni, EM

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March 22, 2022 Original Application No. 29/2022/EZ (I.A. No. 31/2022/EZ) AK

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Tapas Kumar Das v. State of West Bengal through the Principal Secretary Department of Urban Development & Municipal Affairs

Case brief

What is this about?

What did the court decide?

Tapas Kumar Das v. State of West Bengal through the Principal Secretary Department of Urban Development & Municipal Affairs

Case brief

What is this about?

What did the court decide?

What the court decided

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Tapas Kumar Das vs State of West Bengal through the Principal Secretary Department of Urban Development & Municipal Affairs