Partly allowed

Shri Nabendu Kumar Bandyopadhyay v. the Department of Evironment Government of West Bengal

NGT8 Feb 2024IA No. 15/2024 in Original Application No. 64/2022

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench disposed of two interlocutory applications. It dismissed an application for impleadment by Sunview Commosales due to a title error. Conversely, it allowed impleadment of M/s Annex Commotrade Private Ltd. as Respondent No.7, allowing the parties to exchange affidavits and listing the matter for future hearing.

What did the court decide?

I.A. No.15/2024/EZ dismissed as withdrawn; I.A. No.16/2024/EZ allowed impleading M/s Annex Commotrade Private Ltd. as Respondent No.7.

Shri Nabendu Kumar Bandyopadhyay vs the Department of… — Environment and Pollution | NGT (2024)

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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 PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.64/2022/EZ (I.A. No.15/2024/EZ & I.A. No.16/2024/EZ)

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Shri Nabendu Kumar Bandyopadhyay

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Applicant(s)

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Versus

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The Department of Environment, Govt. of West Bengal & Ors. Respondent(s)

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Date of hearing: 08.02.2024

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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) : Ms. Malabika Roy Dey, Advocate

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For Respondent(s) : Mr. Pinaki Misra, Sr. Advocate a/w

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Ms. Paushali Banerjee, Adv. (in I.A. No.15/2024/EZ & I.A. No.16/2024/EZ)

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ORDER

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Ms. Malabika Roy Dey, learned Counsel files Vakalatnama on behalf of the Applicant; the same is taken on record.

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This matter has been received on remand from the Hon’ble Supreme Court vide its order dated 04.01.2024 passed in Civil Appeal No.86 of 2024 ( Nabendu Kumar Bandyopadhyay Vs. The Additional Chief Secretary & Ors. ).

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The allegation of the Applicant in the present Original Application is that the Respondent No.6, Merlin Group, is filling-up a pond/water reservoir admeasuring 10 acres with the objective of erecting building structures and complexes situated at Dag No.732, MouzaPurba Sinthee, Premises No.100 Dum Dum Cossipore Road (corresponding Premises No.35, Dum Dum Cossipore Road), under Police Station-Dum Dum, Kolkata – 700074.

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It is stated that premises No.100 Dum Dum Cossipore Road (corresponding Premises No.35, Dum Dum Cossipore Road) comprises total 21 acres which includes Dag Nos.639, 682, 655, 731, 651, 653, 656, 657, 659, 660, 661, 724, 725, 726, 732 and 733 under Khatian Nos.1035, 1045, 1280, 1281, 1282, 1283 and 1284, which originally belonged to one Ballavdas Sil and was subsequently transferred by a Registered Deed in favour of M/s James Lord & Co., Kolkata. It is alleged that the Respondent No.6 is filling-up the water body measuring about 10 acres or more.

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Annexure-C (page no.28) to the Original Application is a report of the Executive Officer, South Dum Dum Municipality, stating therein that an inspection has been carried out of the Premises No.100, Dum Dum Cossipore Road (corresponding Premises No.35, Dum Dum Cossipore Road) on 29.03.2022 by the PWD of South Dum Dum Municipality. The primary findings noted in the Report are as under:-

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1) During the inspection, no specific pond/water body filling evidence has been observed.

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2) Also there is no presence of water logging observed.

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3) Dag No.732 cannot be identified.

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4) A temporary construction found with iron joist.

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5) No permanent construction work started.

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The Report further mentions that though there was no activity regarding filling-up of the water body but it appears that there has been some filling up of the water body in the past and the Municipality does not have the technical expertise to determine exactly how long ago such filling up of water body was carried out. However, the Municipality has issued a stop work notice on 04.04.2022.

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Issue notice to the Respondents, returnable within two weeks.

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Mr. Sibojyoti Chakraborty, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1, 3 & 5, State Respondents, Government of West Bengal.

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Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.2, West Bengal Pollution Control Board.

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Issue notice to the Respondent Nos.4&5, returnable within four weeks.

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All the Respondents shall file their counter-affidavits within two weeks.

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The Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sibojyoti Chakraborty and Mr. Dipanjan Ghosh, Counsel for the Respondents within 48 hours days.

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List on 06.03.2024.

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I.A. No.15/2024/EZ :-

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This I.A. has been filed by Applicant, M/s Sunview Commosales Pvt. Ltd., for impleadment in the array of Respondents in the present Original Application.

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However, we find that in para 4 of the I.A. the Applicant is titled as ‘M/s Annex Commotrade Pvt. Ltd’.

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Mr. Pinaki Misra, learned Senior Counsel assisted by Ms. Paushali Banerjee, learned Counsel for the Applicant in present I.A. states that there is an error in the Application and the Applicant may be permitted to withdraw this I.A.

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We accordingly dismiss the I.A. No.15/2024/EZ as withdrawn.

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I.A. No.16/2024/EZ :-

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This I.A. has been filed by Applicant, M/s Annex Commotrade Private Ltd., for impleadment in the array of Respondents in the present Original Application.

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The ground for impleadment is that the Applicant of this I.A. M/s Annex Commotrade Pvt. Ltd. is one of the owners in Dag No.732 of Mouza-Purba Sinthee, Premises No.100, Dum Dum Road, and that the premises are owned by the said Applicant.

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Ms. Malabika Roy Dey, learned Counsel for Original Applicant, has no objection if this I.A. is allowed and M/s Annex Commotrade Pvt. Ltd. be impleaded in the array of Respondents.

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We accordingly allow the I.A. No.16/2024/EZ. Let M/s Annex Commotrade Pvt. Ltd. be impleaded in the array of Respondents as Respondent No.7.

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Ms. Malabika Roy Dey, learned Counsel for the Original Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Ms. Paushali Banerjee, learned Counsel for the newly added Respondent No.7 within 48 hours.

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The Respondent No.7 may file his counter-affidavit within two weeks.

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B. Amit Sthalekar, JM

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

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February 08, 2024, Original Application No.64/2022/EZ (I.A. No.15/2024/EZ & I.A. No.16/2024/EZ) AK

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Shri Nabendu Kumar Bandyopadhyay v. the Department of Evironment Government of West Bengal

Case brief

What is this about?

What did the court decide?

Shri Nabendu Kumar Bandyopadhyay v. the Department of Evironment Government of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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