Disposed

Sailendra Chatarjee v. State of West Bengal

NGT3 Dec 2024IA No. 107/2024 in Original Application No. 22/2024

Case brief

AI extract

What is this about?

This order addresses multiple interim applications seeking impleadment of various resort owners as respondents. The tribunal directed the impleadment of several entities including Majumder Resort, Candlewood Park, and others as respondents. Proceedings were adjourned to allow high court outcomes to be considered regarding stays.

What did the court decide?

Interim applications allowing impleadment of resort owners as respondents were allowed; miscellaneous cases stayed.

Sailendra Chatarjee vs State of West Bengal — Environment and Pollution | NGT (2024)

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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

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.22/2024/EZ

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(I.A. No.99/2024/EZ, I.A. No.100/2024/EZ, I.A. No.101/2024/EZ, I.A. No.102/2024/EZ, I.A. No.103/2024/EZ, I.A. No.104/2024/EZ, I.A. No.105/2024/EZ, I.A. No.106/2024/EZ, I.A. No.107/2024/EZ, I.A. No.108/2024/EZ, I.A. No.109/2024/EZ, I.A. No.110/2024/EZ, I.A. No.111/2024/EZ, I.A. No.112/2024/EZ, I.A. No.113/2024/EZ, I.A.

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No.114/2024/EZ, I.A. No.115/2024/EZ, I.A. No.116/2024/EZ & I.A. No.117/2024/EZ)

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Sailendra Chatarjee Applicant(s)

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Versus

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State of West Bengal & Ors. Respondent(s)

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Date of hearing: 03.12.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Ms. Madhumita Bhattacharjee, Adv. a/w

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Mr. Sibojyoti Chakrabarti, Adv. for State Respondents (in Virtual mode), Mr. Biswaroop Bhattacharya, Adv. (in Virtual Mode) a/w Mr. Arupnath Bhattacharyya, Adv., Mr. Priyabrata Thakur, Adv., Mr. Dipankar Thakur, Adv., Mr. Amit Mukherjee, Adv. and Mr. Anand Shah, Adv. (Petitioner in I.A. No.99/2024/EZ to I.A. No.117/2024/EZ), Mr. Ananta Kr. Shaw, Adv. a/w Mr. Nilendu Bhattacharya, Adv., Mr. Tarun Chatterjee, Adv. and Mr. Supriya Majumder, Adv. for Mandarmoni Hoteliers Assn.

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ORDER

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Case called out. No one is present on behalf of the Applicant.

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Affidavit dated 02.12.2024 has been filed by the District Magistrate & Collector, Purba Medinipur; the same is taken on record.

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We find that the Ministry of Environment, Forests and Climate Change (MoEF&CC) as well as West Bengal Coastal Zone

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Management Authority are not impleaded in the present proceedings.

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We, therefore direct that Ministry of Environment, Forests and Climate Change (MoEF&CC) as well as West Bengal Coastal Zone Management Authority be impleaded in the array of Respondents as Respondent Nos. 2 and 3 respectively.

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I.A. No. 99/2024/EZ

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This Interlocutory Application has been filed seeking

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(i) impleadment of the Applicant “Majumder Resort & Hotels Pvt. Ltd.” In the Application,

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(ii) ad interim order in terms of prayer above,

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(iii) such further and other orders as Tribunal may deem fit.

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It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

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Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was

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also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

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The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

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I.A. No. 99/2024/EZ is allowed. Let the “Majumder Resort & Hotels Pvt. Ltd. through its Director and Authorised Signatory Mr. Partha Majumder, son of Late Sadhan Kumar Majumder, resident of VIP Road, Tehgharia, P.S. Hatiara, Kolkata-700157” be impleaded in the array of Respondents as Respondent No.4.

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I.A. No.100/2024/EZ

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This Interlocutory Application is a duplication of the I.A. No. 99/2024/EZ and the learned Counsel Mr. Priyabrata Thakur states that this I.A. has been filed erroneously.

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Mr. Priyabrata Thakur prays that he may be permitted to withdraw the I.A. No.100/2024/EZ. Prayer is granted.

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The I.A. No. 100/2024/EZ is dismissed as withdrawn.

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I.A. No.101/2024/EZ

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This Interlocutory Application has been filed seeking

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(i) impleadment of the Applicant “The Candlewood Park Beach Resort” In the Application,

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(ii) ad interim order in terms of prayer above,

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(iii) such further and other orders as Tribunal may deem fit.

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It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶44

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶45

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated

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22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶48

I.A. No. 101/2024/EZ is allowed. Let the “The Candlewood Park Beach Resort through its Proprietor Mr. Sandip Majumder, son of Late Sadhan Kumar Majumder, resident of 63/27/2, Dum Dum Cossipore Road, Kolkata-700074” be impleaded in the array of Respondents as Respondent No.5.

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I.A. No.102/2024/EZ

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This Interlocutory Application is a duplication of the I.A. No. I.A. No.101/2024/EZ and the learned Counsel Mr. Priyabrata Thakur states that this I.A. has been filed erroneously.

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Mr. Priyabrata Thakur prays that he may be permitted to withdraw the I.A. No.102/2024/EZ. Prayer is granted.

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The I.A. No. 102/2024/EZ is dismissed as withdrawn.

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I.A. No.103/2024/EZ

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This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant “Digante Resorts & Tourism Pvt. Ltd.” In the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

¶58

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served

¶59

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with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta. 23. Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶61

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶62

I.A. No. 103/2024/EZ is allowed. Let the “Digante Resorts & Tourism Pvt. Ltd. through its General Manager and Authorised Signatory Mr. Swarup Adhikary, son of Late Sukumar Adhikary, resident of B-11/171, Kalyani, Nadia, Pin-741235” be impleaded in the array of Respondents as Respondent No.6.

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I.A. No.105/2024/EZ

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This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant “Anutri Hotel & Resorts Pvt. Ltd.” In the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

¶69

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶70

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

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The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

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I.A. No. 105/2024/EZ is allowed. Let the “Anutri Hotel & Resorts Pvt. Ltd. through its General Manager and Authorised Signatory Mr. Biswarup Bhattacharya, Son of Late Subhas Chandra Bhattacharya, resident of 21/F, Baidik Para Lane, P.O. Hind Motor, P.S. Uttarpara, District-Hooghly, Pin-712233” be impleaded in the array of Respondents as Respondent No.7.

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I.A. No.106/2024/EZ

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This Interlocutory Application is a duplication of the I.A. No.105/2024/EZ and the learned Counsel Mr. Priyabrata Thakur states that this I.A. has been filed erroneously.

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Mr. Priyabrata Thakur prays that he may be permitted to withdraw the I.A. No.106/2024/EZ. Prayer is granted.

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The I.A. No. 106/2024/EZ is dismissed as withdrawn.

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I.A. No.107/2024/EZ

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This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant “Hotels Diamond Glory Private Limited” In the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

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¶84

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that the Applicant has come to know that some of the hoteliers named in the notice dated 11.11.2024, have filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶85

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶86

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A.

¶87

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No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

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I.A. No. 107/2024/EZ is allowed. Let the “Hotels Diamond Glory Private Limited through its Director Ms. Priya Jaiswal, daughter of Dipchand Jaiswal, wife of Mohit Jaiswal, resident of 60, Raja Ram Mohan Sarani, P.S.-Amherst Street, Kolkata-700009” be impleaded in the array of Respondents as Respondent No.8.

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I.A. No.108/2024/EZ

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This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant “ADB Projects Pvt. Ltd.” In the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

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It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶96

¶97

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶98

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶99

I.A. No. 108/2024/EZ is allowed. Let the “ADB Projects Pvt. Ltd. through its Director Mr. Arunabha Mondal son of Late Biswabikash Mondal, resident of B-7, 64A, Diamond Park, Kolkata-700104” be impleaded in the array of Respondents as Respondent No.9.

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I.A. No.110/2024/EZ

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This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant: -

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a) “Debasis Roy, Son of Late Bijoy Krishna Roy” b) “Tapan Kumar Kundu, son of Late Nanda Dulal Kundu” and

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c) Gopi Nath Kundu, son of Late Prangopal Kundu Partners of ‘Shantiniketan Hotel & Resorts’ in the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

¶108

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that the Applicant has come to know that some of the hoteliers named in the notice dated 11.11.2024, have filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶109

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶110

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A.

¶111

¶112

No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶113

I.A. No. 110/2024/EZ is allowed. Let the (i) “Debasis Roy, Son of Late Bijoy Krishna Roy”, (ii) “Tapan Kumar Kundu, son of Late Nanda Dulal Kundu” and (iii) Gopi Nath Kundu, son of Late Prangopal Kundu, 72. Partners of ‘Shantiniketan Hotel & Resorts’ having their place of Business at Vill: Silampur, P.O. – Kalindi, P.S. – Ramnagar, Dist: Purba Medinipur, Pin-721455” be impleaded in the array of Respondents as Respondent Nos.10, 11 and 12.

¶114

I.A. No.111/2024/EZ

¶115

This Interlocutory Application has been filed seeking

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i) impleadment of the Applicant “Debdulal Dasmahapatra, son of Manojaditya Dasmahapatra” In the Application,

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ii) ad interim order in terms of prayer above,

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iii) such further and other orders as Tribunal may deem fit.

¶119

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024

¶120

¶121

“ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶122

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶123

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶124

I.A. No. 111/2024/EZ is allowed. Let the “Debdulal Dasmahapatra, son of Manojaditya Dasmahapatra, Proprietor of Tarangamala Resort at Vill: Mandarmani, P.O. – Mandarmani, P.S. – Mandarmoni Coastal, Pin - 724155” be impleaded in the array of Respondents as Respondent No.13.

¶125

I.A. No.112/2024/EZ

¶126

This Interlocutory Application has been filed seeking

¶127

i) impleadment of the Applicant “Hotel Dreamland Private Limited” In the Application,

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ii) ad interim order in terms of prayer above,

¶129

iii) such further and other orders as Tribunal may deem fit.

¶130

¶131

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that the Applicant has come to know that some of the hoteliers named in the notice dated 11.11.2024, have filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶132

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶133

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A.

¶134

¶135

No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶136

I.A. No. 112/2024/EZ is allowed. Let the “Hotel Dreamland Private Limited through its Director Mr. Debojyoti Roy, son of Late Chiranjib Roy, resident of 1004, Utalika Prathama, 10^th Floor, 405, Pano Road, Mukundapur, South 24 Parganas, Kolkata - 700099” be impleaded in the array of Respondents as Respondent No.14.

¶137

I.A. No.113/2024/EZ

¶138

This Interlocutory Application has been filed seeking

¶139

i) impleadment of the Applicant “Leisure n Luxury Hotels and Resorts Pvt. Ltd.” In the Application,

¶140

ii) ad interim order in terms of prayer above,

¶141

iii) such further and other orders as Tribunal may deem fit.

¶142

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶143

¶144

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶145

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶146

I.A. No. 113/2024/EZ is allowed. Let the “Leisure n Luxury Hotels and Resorts Pvt. Ltd. through its Director Mr. Sourav Biswas, son of Sandipan Biswas, resident of 1A, Brindabon Paul Lane, P.S. – Shyampukur, Kolkata - 700003” be impleaded in the array of Respondents as Respondent No.15.

¶147

I.A. No.115/2024/EZ

¶148

This Interlocutory Application has been filed seeking

¶149

i) impleadment of the Applicant: -

¶150

a) “Subhasis Das, son of Late Paresh Nath Das, b) “Priyendu Banerjee, son of Byomkesh Banerjee, partners of “Neel Nirjaney Resorts” in the Application,

¶151

ii) ad interim order in terms of prayer above,

¶152

iii) such further and other orders as Tribunal may deem fit.

¶153

¶154

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶155

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶156

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶157

¶158

I.A. No. 115/2024/EZ is allowed. Let the “ (i) 101. Subhasis Das, son of Late Paresh Nath Das, and (ii) Priyendu Banerjee, son of Byomkesh Banerjee, Partners of “Neel Nirjaney Resorts” having their place of business at Vill: Sonamui, P.O. – Silampur, P.S. – Mandarmani Coastal, Pin - 721455” be impleaded in the array of Respondents as Respondent Nos.16 and 17.

¶159

I.A. No.116/2024/EZ

¶160

This Interlocutory Application has been filed seeking

¶161

i) impleadment of the Applicant: -

¶162

a) Soma Chakraborty, wife of Kaushik Chakraborty b) Anjana Jetty, wife of Late Subhomoy Jetty, and

¶163

c) Sujata Jetty, wife of Proloy Jetty

¶164

Partners of ‘Golden Beach Resorts’ in the Application, ii) ad interim order in terms of prayer above,

¶165

iii) such further and other orders as Tribunal may deem fit.

¶166

It is also stated that Original Application No.134/2015/EZ which was decided by an order dated 02.05.2022 and the present Original Application No.22/2024/EZ has been filed seeking execution of the order of the Tribunal dated 02.05.2022. It is stated that in pursuance of the order of the Tribunal, the Applicant was served with a common notice dated 11.11.2024 by the Chairman of the District Level Coastal Committee of West Bengal Coastal Zone Management Authority and the District Magistrate & Collector, Purba Medinipur, West Bengal directing the Hoteliers including the Applicant to demolish their hotel by 20.11.2024. It is stated that aggrieved by the notice dated 11.11.2024, the Applicants of the present I.A. filed a Writ Petition being W.P.A. No.27735 of 2024

¶167

¶168

“ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” challenging the said notice before the Hon’ble High Court, Calcutta.

¶169

Another similar Writ Petition being W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” was also filed by other Petitioners and the Hon’ble High Court, Calcutta has been pleased to stay the operation of the notice dated 11.11.2024 until 13.12.2024. The copy of the order of the Hon’ble High Court, Calcutta dated 22.11.2024 has been filed along with the Interlocutory Application.

¶170

The District Magistrate & Collector, Purba Medinipur has also filed an affidavit dated 02.12.2024 stating the same facts and bringing on record the order of the Hon’ble High Court at Calcutta dated 22.11.2024 passed in W.P.A. No.27403 of 2024 “Mandarmoni Hoteliers Association Vs. Union of India & Ors.” and W.P.A. No.27735 of 2024 “ADB Projects Pvt. Limited & Ors. Vs. Union of India & Ors.” .

¶171

I.A. No. 116/2024/EZ is allowed. Let the “ (i) Soma Chakraborty, wife of Kaushik Chakraborty, (ii) Anjana Jetty, wife of Late Subhomoy Jetty, and (iii) Sujata Jetty, wife of Proloy Jetty, Partners of ‘Golden Beach Resorts’ having their place of business at Vill: Sonamui, P.O. – Silampur, P.S. – Mandarmani Coastal, Pin - 721455” be impleaded in the array of Respondents as Respondent Nos.18, 19 and 20.

¶172

I.A. No.104/2024/EZ, I.A. No.109/2024/EZ, I.A. No.114/2024/EZ & I.A. No.117/2024/EZ)

¶173

These Interlocutory Applications have been filed by the Applicants therein praying that further proceedings of present Original Application No.22/2024/EZ Sailendra Chatarjee Vs. State of West

¶174

¶175

Bengal & Ors. be stayed till disposal of W.P.A. No.27735 of 2024 which is pending before the Hon’ble High Court at Calcutta.

¶176

I.As. are being taken up together.

¶177

Reference has been made to the order passed by the Hon’ble Supreme Court in Civil Appeal NO(S). 45224524 Of 2022 (The State Of Andhra Pradesh Vs. Raghu Ramakrishna Raju Kanumuru (M.P.) ) which reads as under:-

¶178

“IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

¶179

CIVIL APPEAL NO(S). 45224524 OF 2022

¶180

(@ DIARY NO. 16486/2022)

¶181

THE STATE OF ANDHRA PRADESH APPELLANT(S) VERSUS RAGHU RAMAKRISHNA RAJU KANUMURU (M.P.) RESPONDENT(S)

¶182

B.R. GAVAI, J.

¶183

J U D G M E N T

¶184

xxxxxxxx

¶185

2. The appellant was already running a resort at Rushikonda Hill, near Visakhapatnam. According to the appellant, after obtaining the necessary permission, it has demolished the existing resort and is reconstructing the resort at the same place with additional facilities. 3. A writ petition being W.P. (P.I.L.) No.241 of 2021, challenging the said construction, has already been filed before the High Court of Andhra Pradesh at Amaravati. In the said writ petition, the Division Bench of the High Court has passed the following order on 16th December 2021:

¶186

“In the meanwhile, the construction activities and other allied activities in relation to the subject project, if any undertaken, shall be strictly in accordance with the permission accorded by the Ministry of Environment, Forest and Climate Change, as well as the existing master plan.”

¶187

4. It appears that the aforesaid writ petition before the High Court was filed on 8th December 2021. However, a letter addressed by the respondent was sent on 31st October 2021 to the learned NGT. The respondent is a sitting Member of Parliament from one of the constituencies in the State of Andhra Pradesh. The learned NGT, after taking cognizance of the said letter, initiated the proceedings in O.A. No.361 of 2021. It further appears from the record that the learned NGT had appointed an Experts Committee on 17th

¶188

¶189

December 2021 which submitted its Report on 29th March 2022. A perusal of the said report would reveal that the said Experts Committee consisting of four experts did not find any violation in the construction that was carried out by the appellant.

¶190

xxxxxxxx

¶191

7. Dr. Abhishek Manu Singhvi, learned Senior Counsel appearing on behalf of the appellant, submitted that when the High Court of competent jurisdiction was already in seisin of the matter, the learned NGT could not have entertained a lis with regard to the same cause of action. He submitted that though this fact was brought to the notice of the learned NGT, the learned NGT refused to vacate the interim order dated 6th May 2022, which was in conflict with the order of the High Court dated 16th December 2021.

¶192

xxxxxxxx

¶193

11. In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned. A reference in this respect was also made to the judgment of the Constitution Bench of this Court in the case of L. Chandra Kumar v. Union of India and Others.

¶194

12. We are, therefore, of the considered view that it was not appropriate on the part of the learned NGT to have continued with the proceedings before it, specifically, when it was pointed that the High Court was also in seisin of the matter and had passed an interim order permitting the construction. The conflicting orders passed by the learned NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.

¶195

xxxxxxxx

¶196

16. Needless to state that though development is necessary for economical progress of the nation, it is equally necessary to safeguard the environment so as to preserve pollution free environment and ecology for the future generations to come. xxxxxxxx

¶197

¶198

20. We further clarify that we have not expressed any opinion on the merits of the matter and the parties would be at liberty to raise all the issues available to them before the High Court which shall be considered in accordance with law. Since the learned NGT has already constituted an Experts Committee, the High Court would be at liberty to take into consideration the report of the said Experts Committee or if it finds appropriate may appoint other Committee as it deems fit.”

¶199

In this view of the matter, we adjourn this Original Application.

¶200

78. List on 01.04.2025.

¶201

Counsel for the parties shall intimate the outcome of the Writ Petitions.

¶202

B. Amit Sthalekar, JM

¶203

….......................................... Dr. Arun Kumar Verma, EM

¶204

December 03, 2024,

¶205

Original Application No.22/2024/EZ (I.A. No.99/2024/EZ, I.A. No.100/2024/EZ, I.A. No.101/2024/EZ, I.A. No.102/2024/EZ, I.A. No.103/2024/EZ, I.A. No.104/2024/EZ, I.A. No.105/2024/EZ, I.A. No.106/2024/EZ, I.A. No.107/2024/EZ, I.A. No.108/2024/EZ, I.A. No.109/2024/EZ, I.A. No.110/2024/EZ, I.A. No.111/2024/EZ, I.A. No.112/2024/EZ, I.A. No.113/2024/EZ, I.A. No.114/2024/EZ, I.A. No.115/2024/EZ, I.A. No.116/2024/EZ) I.A. No.117/2024/EZ) SKB

¶206

Sailendra Chatarjee v. State of West Bengal

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Sailendra Chatarjee v. State of West Bengal

Case brief

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