Dismissed

All India Anti Corruption Organization v. Ministry of Environment Forest and Climate Change

NGT8 Aug 2024Original Application No. 160/2024

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an original application seeking notices against several industries alleged to cause river pollution. The court held it could not conduct fishing enquiries without specific allegations of violation and lacked jurisdiction regarding the respondent's alleged irregular appointment of an IPS officer.

What the court decided

AI extract

All India Anti Corruption Organization vs Ministry of… — Environment and Pollution | NGT (2024)

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Item No.01

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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.160/2024/EZ

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IN THE MATTER OF:

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All India Anti Corruption Organization (Regd.), Branch Office – Qtr. No.RIII/81 Bidhannagar Housing Colony, Durgapur, Paschim Bardhaman, West Bengal – 713206, Represented by Sri Subrata Mallick, Additional Director Crime, S/o D. C. Mallick, Qtr. No. RIII/81, Bidhannagar Housing Colony, Durgapur, P.O.-ABL Township, P.S.-New Township, District-Paschim Bardhaman, West Bengal, Pin – 713206,

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…Applicant(s)

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Versus

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Union of India,

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Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh, New Delhi,

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Pin – 110003,

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The State of West Bengal, Through the Principal Secretary, Department of Environment, 5^th Floor, Pranisampad Bhawan, Block-LB II, Salt Lake, Sector-III, Kolkata, Bidhanagar, West Bengal, Pin – 700098,

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The District Magistrate & District Collector, Paschim Bardhaman, Office of the District Magistrate, Additional Administrative Building, Kanyapur, P.O.-Ramkrishna Mission, Opposite DAV Public School, Pin – 713305,

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The Additional District Magistrate & District Land & Land Reform Officer, Paschim Bardhaman, Offict at ADM & LA Building, Kanyapur, Asansol, District-Paschim Bardhaman, Pin – 713305,

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State Environment Impact Assessment Authority (SEIAA), Through the Principal Secretary, Office at Environment Department, Prani Sampad Bhavan, 5^th Floor, LB Block, Sector-III, Salt Lake, Kolkata, Pin – 700106,

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The Chairman, West Bengal Pollution Control Board, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata, Pin – 700106,

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State Wetlands Authority, Through the Additional Chief Secretary, Department of Environment, Government of West Bengal, Prani Sampad Bhavan, 5^th Floor, LB-2, Sector-III, Salt Lake, Kolkata – 700106,

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The Central Pollution Control Board, Through its Chairman, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi, Pin – 110032,

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The Block Development Officer, Jamuria Development Block, Paschim Bardhaman, Pin – 713362,

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The General Manager, District Industries Centre, Paschim Bardhaman, City Centre, Durgapur, Pin – 713216,

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The Officer-in-Charge, Jamuria Police Station, Asansol Durgapur Police Commissionerate on Jamuria-Churulia Road at Boringdanga More PWD Building, Asansol, Pin – 713336,

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The Block Land and Land Reforms Officer, Jamuria, Dhasla, Bahadurpur, District-Paschim Bardhaman, Pin – 713362,

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The Principal Secretary, Government of West Bengal, Department of Irrigation and Waterways, Jalsampad Bhawan, 1^st Floor, Bidhannagar, Salt Lake, Kolkata – 700091,

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The Fisheries, Aquaculture, Aquatic Resources and Fishing Harbour Additional Chief Secretary (Additional Charge) Benfish Tower, 31 GN Block, 8^th Floor, IT Building, Salt Lake, Sector-V, Kolkata – 700091,

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Rajshri Iron Industries Pvt. Ltd. Through its Managing Director, Office at – Jamuria Industrial Area, Shekpur, Jamuria, Pin – 713344 also Office at 10 Clive Row 2^nd Floor No.206/4, Kolkata – 700001,

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Super Smelters Ltd., Through its Managing Director, Office at – Jamuria Industrial Estate, Rajaram Danga, (Aam Bagan) P.O.-Ikra, Jamuria, Nandi, Asansol, Pin – 713362,

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Shivam Dhatu Udyog Pvt. Ltd. Through its Managing Director, Office at – Govind Mahal, 3 Wood Street, 2^nd Floor, Flat No.4, Kolkata, Pin – 700016,

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Calster Sponge Limited, Through its Managing Director, Office at – 18, RN Mukherjee Rd, Esplanade, Chowringhee North, Bow Barracks, Kolkata, Pin – 700001,

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Maan Shakti TMT Jamuria, Through its Managing Director, Office at – Jamuria, nearby SBI Bank, West Bengal Pin – 713336 and also Office at – Maanheruka House, 58/1, Sarat Bose Road, Kolkata – 700025,

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Kunj Bihari Steel Pvt. Ltd., Through its Managing Director, Office at – Jamuria Industrial Estate Mondalpur, P.O. Nandi, District-Burdwan, Pin – 713344, Also Office at – 37 Shakespeare Sarani S.B. Towers, 3^rd Floor, Kolkata – 700017,

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RAIC Integrated Sponge Power Pvt. Ltd. Through its Managing Director, Office at – Jamuria Industrial Area, Shekpur, Jamuria, West Bengal, Pin – 713344,

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AIC Adukia Group AIC (Adukia) Through its Managing Director, Office at – Jamuria Industrial Area, Shekpur, Jamuria, West Bengal, Pin – 713344,

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Gagan Ferotech Ltd., Through its Managing Director, Office at – Jamuria Industrial Area, Shekpur, Jamuria, West Bengal, Pin 713344,

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Shyam Sel & Power Jamuria, Through its Managing Director, Office at – Jamuria Industrial Area, Shekpur, Jamuria, West Bengal, Pin – 713344,

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Inland Waterways Authority of India, Through Chairman, A-13, Block-A, Sector-II, Noida, Uttar Pradesh 201301,

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The Central Ground Water Board, Eastern Region, Through its Regional Director, Bhujalika CP Block 6, Sector-V, Bidhnangar, Kolkata, Pin – 700091,

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...Respondent(s)

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Date of hearing: 08.08.2024

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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) : Mr. Saheb Banerjee, Advocate (in Virtual Mode)

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ORDER

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Heard Mr. Saheb Banerjee, learned Counsel appearing (in Virtual Mode) for the Applicant.

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In the present Original Application, the Respondent Nos.15 to 24 have been impleaded as Private Respondents, namely, industries which are alleged to be causing pollution in the Singaran river. Certain photographs have also been filed with the Original Application and it is submitted by Mr. Saheb Banerjee, learned Counsel for the Applicant that the colour of the water is absolutely red.

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The photographs filed with the Original Application firstly, do not show whether this is a river since it appears to be a drain hedged between a boundary wall and adjacent land, and secondly, it also does not show where this water is leading to? There is no such allegation against the Respondent Nos.15 to 24 to show as to what is the nature of violation of environmental norms committed by these industries except for the fact that they are iron industries in the area and are causing pollution.

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In para 5.2 of the Original Application, it is alleged as under:-

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“5.2 …………………xxx………………………..xxx……………. It is stated that some unscrupulous person not caring about the water pollution and doing their profit by their business

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but due to their action of work hundreds of people facing hazardous situation for the insane acts and actions, which is becoming the threats towards the lives and livelihoods of the inhabitants and the wild lives, done by some private industries which are dealing with the business of making Iron, in the area of Jamuria Industrial Belt and its surroundings. ”

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In the entire body of the Original Application, there is no such allegation that the Respondent Nos. 15 to 23 are in any manner unscrupulous or in any manner causing environmental pollution.

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In para 5.14 of the Original Application, it is stated by the Applicant that the “ first known ruler to introduce canal irrigation in India was Firoz Shah Tughlaq. He built the biggest network of canal and other infrastructure because he had a special interest in strengthening the infrastructure of the empire ”.

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In para 5.16 of the Original Application, it is further stated that “ it is the Chinese rather than the British that can claim to be the early pioneers of canal building with the Grand Canal of China in the tenth century. Even the familiar pound lock still used in Britain today is said to have been invented by Chhiao Wei-Yo in the year 983” .

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In para 5.17 of the Original Application, it is also stated that “ the Suez Canal is one of the most important canals in the world. Recognized as the sea route which cannot be closed even in the event of global disasters. The uniqueness lies in the absence of gateways, the streams of sea water moves freely along the canal” .

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It is also alleged in para 5.21 that Bhagabati Plant has illegally acquired RS Plot No.223 of the Singaran river and Shyam Sel, Respondent No.24 (herein) has also acquired RS Plot No.211 and has filled the river land in Mouza-Dhamsa, RS Plot No.647 of the

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river by making industrial parking for their own purpose which they are using illegally for their own benefits under Police StationJamuria in Mouza-Ikra. The Bhagabati Plant against whom allegations have been made has not been impleaded in the present Original Application.

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The Applicant is stated to have filed several RTI applications before the authorities. Document filed as Annexure-I, page no.70, to the Original Application, is an RTI reply of the Government of India, Ministry of Home Affairs, dated 04.06.2024 to the Applicant, with regard to the information sought by him. The information sought is, inter-alia , as to whether Rajesh Kumar, IPS is a Cadre Officer who has been appointed as the Member Secretary of West Bengal Pollution Control Board, has been given exemption from Indian Police Service (Fixation of Cadre Strength) Regulation, 1955 by Union Ministry of Home Affairs?; whether Rajesh Kumar, IPS has given any mandatory deputation to Union Ministry of Home Affairs, under Rule 6 of the Indian Police Service (Cadre) Rules, 1954, for taking appointment in non-cadre posts like Member Secretary of West Bengal Pollution Control Board and still mention IPS designation?; whether the Union Ministry of Home Affairs has permitted State of West Bengal to appoint Cadre Officers to noncadre posts by giving exemption to State of West Bengal from Indian Police Service (Fixation of Cadre Strength) Regulations, 1955?;

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We asked Mr. Saheb Banerjee, learned Counsel for the Applicant as to what are the specific allegations of environmental violations against the Respondent Nos.15 to 23, since merely because the Respondent Nos.15 to 23 are iron industries does not necessarily

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imply that they are not environmentally compliant or that they are necessarily environment violators. Mr. Banerjee submitted that they are iron industries and they are causing pollution. The nature or any details of violation of each of the Respondent Nos. 15 to 23 has not been stated in the Original Application.

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Proceedings before the National Green Tribunal are deemed to be the judicial proceedings in view of the provisions of Section 19 subsection (5) of the National Green Tribunal Act, 2010 and, therefore, unless a specific case of environmental violation against a Respondent is alleged in the pleadings, the Tribunal cannot order a roving and fishing enquiry against a Respondent against whom there are no allegations or against an alleged violator who is not a party to the proceedings before it.

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We are of the view that this Court cannot proceed to issue notice against the aforesaid Respondents, if there are no specific allegations of environmental violations against them and this Court cannot order a general investigation against those industries, namely, Respondent Nos.15 to 23 unless specific allegations of violation are made out against them.

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The only allegations in the Original Application are against one Bhagabati Plant, which has not been impleaded in the Original Application and the Shyam Sel & Power Jamuria which has been impleaded as Respondent No.24.

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We asked Mr. Saheb Banerjee, learned Counsel for the Applicant as to whether he wants liberty to withdraw this Original Application and to file fresh Original Application making specific allegations against the alleged violators and also implead Bhagabati Plant or we should proceed only against Respondent No.24, but the Counsel

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submitted that he does not want liberty to withdraw the present Original Application and that the Tribunal should issue notice to all the Respondents on the Original Application as it stands.

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In our opinion, we cannot issue notice as desired by the Applicant nor can we investigate questions relating to the appointment of Mr. Rajesh Kumar, IPS, as Member Secretary, which matter is beyond the jurisdiction of this Tribunal.

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In view of the above, the Original Application No.160/2024/EZ is 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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August 08, 2024, Original Application No.160/2024/EZ AK

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All India Anti Corruption Organization v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What the court decided

All India Anti Corruption Organization v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What the court decided

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