Disposed

Misc Application in disposed of cases No. 21/2024 in Original Application No. 79/2023 of Sri Sandip Mitra v. Department of Environment and Climate Change

NGT2 Jul 2024Misc Application in disposed of cases No. 21/2024 in Original Application No. 79/2023

Case brief

AI extract

What is this about?

The NGT Eastern Zone disposed of a miscellaneous application seeking compliance regarding the removal of a temporary passage. The Tribunal noted that the respondent had filed an affidavit confirming the removal of the passage as directed in the original application, rendering further adjudication unnecessary.

What did the court decide?

The miscellaneous application was disposed of as the underlying matter had been complied with.

Misc Application in disposed of cases No. 21/2024 in… — Environment and Pollution | NGT (2024)

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Item No.05

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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.21/2024/EZ

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Original Application No.79/2023/EZ

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In the matter of:
1. Sri Sandip Mitra
S/o Late Pravash Mitra,
Residing at Village – Shitalpur,
Post Office – Ramchandrapur,
Police Station – Bagnan,
District – Howrah, Pin -711303
2. Sri Subir Mitra
S/o Late Pravash Chandra Mitra,
Residing at Village – Shitalpur,
Post Office – Ramchandrapur,
Police Station – Bagnan,
District – Howrah, Pin -711303
....Applicant(s)
Versus

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The State of West Bengal
Through the Principal Secretary,
Department of Environment,
Government of West Bengal,
Prani Sampad Bhawan,
10A, Block-LB, Sector-III,
Bidhannagar, Kolkata-700106
2. Principal Secretary,
Irrigation and Waterways Department,
Jalasampad Bhawan,
1 st Floor, Western Block,
Bidhannagar, DF - Block,
Kolkata-700 091

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3. The West Bengal Pollution Control Board, Through the Member Secretary, Department of Environment, Government of West Bengal, Paribesh Bhawan, 10A, Block-LA, Sector – III, Bidhannagar, Kolkata-700 098

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4. District Magistrate, Howrah, Having office at 6, Rishi Bamkim Chandra Road, Howrah – 711 101 5. Union of India, Service through Secretary, Ministry Of Environment, Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110003 6. The Block Land and Land Reforms Officer, Bagnan – 1, Post and Police Station Bagnan, District – Howrah, Pin – 711 303 7. Executive Engineer Howrah Division PHE, 43, N. S. Road, Susama Mansion, 4^th Floor, Howrah – 711 101

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8. Superintendent of Police District Howrah, Having office at H8JV + P4V, Station Road, Howrah Railway Station, Mali Panchghara, Howrah, West Bengal – 711 101 9. Officer In Charge Bagnan Police Station, P.O. – Bagnan,

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District – Howrah, Pin – 711 303

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10. The Panchayat Pradhan,

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Khalore Gram Panchayat,

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Bagnan, Howrah, Pin – 711 303

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11. Tarun Maity

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S/o Late Keshab Chandra Maity,

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Residing at Village Ramchandrapur,

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P.S. – Bagnan, District – Howrah,

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Pin – 711 303

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....Respondent(s)

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Date of hearing: 02.07.2024

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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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For Respondent(s) : Mr. Sibojyoti Chakraborty, Adv. for State Respondents (in Virtual Mode),

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Mr. Dipanjan Ghosh, Adv. for R-3 (in Virtual Mode)

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ORDER

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Affidavit dated 28.06.2024 has been filed by the Respondent No.7, Executive Engineer, Howrah Division, Public Health Engineering Directorate, Government of West Bengal; the same is taken on record.

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The Tribunal vide its order dated 20.09.2023 while disposing of the Original Application No.79/2023/EZ Sandip Mitra & Anr. Vs. The State of West Bengal & Ors. , had issued following directions in para 25 thereof which reads as under: -

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“25. We accordingly dispose of this Original Application with a direction that the Public Health Engineering Department, Government of West Bengal, shall take steps for removal of the temporary passage constructed on the L.R. Plot No.186, Mouza-Khalore, as soon as the construction of the overhead tank on Plot No.1443, Mouza-

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Khalore, J.L. No.74 is completed i.e. preferably within a period of six months, i.e. by 20.03.2024 and file affidavit of compliance by 31.03.2024.”

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The directions were issued to the Public Health Engineering Department, Government of West Bengal for compliance and for filing affidavit of compliance by 31.03.2024.

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We have seen the affidavit dated 28.06.2024 filed by the Respondent No.7, Executive Engineer, Howrah Division, Public Health Engineering Directorate, Government of West Bengal wherein it is stated that the temporary passage constructed on the L.R. Plot No.186, Mouza-Khalore, District: Howrah has been removed and an inspection was held by the officials of PHE (Public Health Engineering) Directorate on 19^th June, 2024 to verify and assess the same. Photographs have been filed at page 20-24 showing the removal of the temporary passage.

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In this view of the matter, nothing remains for further adjudication in Miscellaneous Application No. 21/2024/EZ.

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Miscellaneous Application No.21/2024/EZ is accordingly disposed of.

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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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July 02, 2024, Miscellaneous Application No.21/2024/EZ In Original Application No.79/2023/EZ SKB

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Misc Application in disposed of cases No. 21/2024 in Original Application No. 79/2023 of Sri Sandip Mitra v. Department of Environment and Climate Change

Case brief

What is this about?

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Misc Application in disposed of cases No. 21/2024 in Original Application No. 79/2023 of Sri Sandip Mitra v. Department of Environment and Climate Change

Case brief

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What did the court decide?

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