Misc Application in disposed of cases No. 10/2022 in Original Application No. 62/2017 of Gobinda Biswas S/O Late Tulsi Nath Biswas v. the State of West Bengal through Principal Secretary Department of Environment Government of West Bengal

NGT4 Dec 2024Misc Application in disposed of cases No. 10/2022 in Original Application No. 62/2017

Case brief

AI extract

What is this about?

The Tribunal dismissed a plea by way of miscellaneous application seeking compliance of the direction issued in 2022 for removing illegal construction by Hotel Sonar Bangla. The application was dismissed as infructuous because the High Court had set aside the original Tribunal order.

What the court decided

AI extract

Misc Application in disposed of cases No… — Constitutional and Fundamental Rights | NGT (2024)

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Item No.06

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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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Miscellaneous Application No.10/2022/EZ In

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Original Application No.62/2017/EZ

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In the matter of: Tribunal on its own Motion

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…. Applicant(s)

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Versus

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1. The State of West Bengal, Through Principal Secretary, Department of Environment, Govt. of West Bengal, Prani Sampad Bhawan, 10A, Block-LB, Sector-III, Bidhannagar, Kolkata – 700106,

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2. The West Bengal Pollution Control Board, Through Member Secretary, Department of Environment, Govt. of West Bengal, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata – 700098

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3. District Magistrate, Howrah, 10 Biplabi Haren Ghosh Sarani, Howarh – 711101

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4. Principal Secretary, Irrigation and Waterways Department, Jalasampad Bhavan, (1ST Floor), Western Block, Bidhannagar, DF-Block, Kolkata – 700091

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5. Hotel Sonar Bangla, Through Chairman, International Centre, 18th Floor, 33A, J.L. Nehru Road, Kolkata, Pin – 700071

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6. West Bengal State Coastal Zone Management Authority, Through Chairman,

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Poura Bhavan, 4th Floor, FD415A, Sector-III, Salt Lake, Kolkata – 700106

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7. Union of India, Through Secretary, Ministry of Environment, Forests and Climate Change, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi – 110003

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…. Respondent(s)

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Date of hearing: 04.12.2024

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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) : Suo Motu

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Ms. Paushali Banerjee, Adv. (in O.A.) (in Virtual Mode)

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For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R1,3,4&6 (in Virtual Mode),

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Mr. Dipanjan Ghosh, Adv. for R-2,

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Mr. Priyabrata Thakur, Adv. for R-5 (in Virtual Mode)

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ORDER

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Ms. Paushali Banerjee, learned Counsel is present (in Virtual Mode)

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for the Applicant (in O.A. No.62/2017/EZ).

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Affidavit dated 03.12.2024 has been filed by the Respondent No.5, Hotel Sonar Bangla; the same is taken on record.

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The Original Application No.62/2017/EZ was disposed of by this Tribunal by order dated 10.03.2022 and in para 24 of the said order, following directions were issued:

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“ 24. We, therefore dispose of this Original Application with a direction to the State Respondents, particularly the Respondent No.3, District Magistrate, Howrah, to take immediate steps for removal of any construction made by the Respondent No.5, Hotel Sonar Bangla within 100 meters of the High Flood Level of river Rupnarayan within a period of two months, and the West Bengal Pollution Control Board shall compute the environmental damage and cost of its restoration in respect of the violations/irregularities as noted in its inspection carried out on 20.11.2017 within the same period of time. A compliance affidavit in this regard shall be filed on or before

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17.05.2022 by the State Respondents as well as the West Bengal Pollution Control Board. The West Bengal Pollution Control Board is further directed to monitor the water quality in the ETP (both inlet and outlet) on a regular basis.”

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Since no affidavit of compliance had been filed by the District Magistrate, Howrah and West Bengal Pollution Control Board, the Miscellaneous Application No.10/2022/EZ was taken up suo motu .

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Mr. Priyabrata Thakur, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.5, Hotel Sonar Bangla, has filed the affidavit dated 03.12.2024. Along with this affidavit, an order of the Hon'ble High at Calcutta dated 13.09.2024 has been filed.

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We find that the Order of the Hon'ble High, Calcutta discloses that aggrieved by the order of the Tribunal, a Writ Petition No.5908 of 2022 "Avishek Paul Chowdhury and Ors. versus The State of West Bengal & Ors." was filed. By order of 13.09.2024, the Hon'ble High Court at Calcutta has set aside the order of the Tribunal.

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In this view of the matter, the Miscellaneous Application No.10/2022/EZ has become infructuous and is accordingly dismissed as infructuous.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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

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December 04, 2024,
Miscellaneous Application No.10/2022/EZ
In
Original Application No.62/2017/EZ
SKB

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Misc Application in disposed of cases No. 10/2022 in Original Application No. 62/2017 of Gobinda Biswas S/O Late Tulsi Nath Biswas v. the State of West Bengal through Principal Secretary Department of Environment Government of West Bengal

Case brief

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Misc Application in disposed of cases No. 10/2022 in Original Application No. 62/2017 of Gobinda Biswas S/O Late Tulsi Nath Biswas v. the State of West Bengal through Principal Secretary Department of Environment Government of West Bengal

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