Dismissed

Marirul Sekh and Ors. v. State of West Bengal

NGT4 Dec 2024Original Application No. 116/2024

Case brief

AI extract

What is this about?

The National Green Tribunal Directorate benched at Kolkata dismissed a mining-related Original Application as futile, ruling that the underlying controversy had already been settled in a previous order dated 09.08.2024 regarding a similar site dispute in Bankura.

What did the court decide?

The present Original Application was dismissed as the controversy was already settled in a prior order.

Marirul Sekh and Ors. vs State of West Bengal — Mining and Natural Resources | NGT (2024)

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Court No.1

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Item No.11

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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.116/2024/EZ

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In the matter of: Manirul Sekh

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Village Munui (situated on the bank of River Damodar),
At – Mouza – Palshora, J.L. No.14,
Patrasayer, Bankura,
WB - 722206
…. Applicant(s)
Versus
1. Additional Chief Secretary
Department of Environment, Forests and Climate Change,
Government of West Bengal
2. District Magistrate and Collector, Birbhum
3. Member Secretary
West Bengal Pollution Control Board,
4. State Environment Impact Assessment Authority (SEIAA)
West Bengal
5. Anil Kumar
S/o Rajeswar Singh,
P.S. – Maner, District – Patna,
Bihar – 801503
6. Shyamal Bepari
Village – Suri,
District – Birbhum
7. Dalim Mondal
S/o Jalal Mondal,
Village – Suri,
District - Birbhum
…. Respondent(s)
Date of hearing: 04.12.2024
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 For Respondent(s) : Mr. Rajib Ray, Adv. for R-1 & 2, Mr. Sibojyoti Chakrabarti, Adv. for R-3, Mr. Dipanjan Ghosh, Adv. for R-4, Mr. Triptimoy Talukdar, Adv. for R-5 & 6 (in Virtual Mode)

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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 19.10.2024 has been filed on behalf of the Respondent No.6, Private Respondent; the same is taken on record.

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In para 7 of the affidavit dated 23.08.2024, filed by the District Magistrate, Birbhum, it is stated that the site in question falls within the jurisdiction of District Magistrate, Bankura and with regard to the same issue, another Original Application No. 106/2024/EZ had been filed mentioning the site to be falling within the Block Sonamukhi, District - Bankura and that a letter of intent dated 21.12.2016 was issued by the District Magistrate – Bankura to Mr. Anil Kumar and the mining lease deed between the District Magistrate, Bankura and the said Anil Kumar was executed on 09.12.2020. These facts are confirmed by Mr. Rajib Ray, learned Counsel appearing for the State Respondents, Mr. Sibojyoti Chakrabarti, learned Counsel appearing for West Bengal Board and Mr. Dipanjan Ghosh, learned Counsel appearing on behalf of the State Environment Impact Assessment Authority (SEIAA), West Bengal.

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Para 7 of the affidavit of the District Magistrate, Birbhum reads as under: -

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“ 7. It is further respectfully submitted that the location of the alleged site pertains to the jurisdictional area of the District Magistrate, Bankura, which is corroborated from a Committee Report filed by the Committee constituted by this Hon’ble Tribunal in connection with another Original Application being OA 106/2024/EZ, wherein the location of the alleged site is mentioned as situated within the Block-Sonamukhi in the district of Bankura, over which the Letter of Intent dated 21.12.2016 was issued by the District Magistrate,

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Bankura to the alleged Anil Kumar and the mining lease deed between the said alleged Anil Kumar and the District Magistrate, Bankura was executed thereof on 09.12.2020.”

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Mr. Triptimoy Talukdar, learned Counsel is present (in Virtual Mode) for the Respondent No.5, Anil Kumar and Respondent No.6, Shyamal Bepari and submits that the Original Application No.106/2024/EZ “ Jafar Iquebal Middya alias Jafar Ali Middya Versus the West Bengal Pollution Control Board & Ors.” has since been disposed of by this Tribunal by its order dated 09.08.2024.

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In this view of the matter, we find that since the controversy has already been settled in the order of the Tribunal dated 09.08.2024 in O.A. No.106/2024/EZ, nothing further remains for adjudication in the present Original Application which is accordingly dismissed.

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I.As., if any, stand disposed of accordingly.

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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, Original Application No.116/2024/EZ SKB

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Marirul Sekh and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Marirul Sekh and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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