Disposed

In Re Unchecked Cattle Sheds on the Opposite Side of Police Outpost in Bidhannagar Dispute Regarding Its Demolition v. State of West Bengal

NGT2 May 2024Original Application No. 180/2023

Case brief

AI extract

What is this about?

The Tribunal disposed of an suo motu application regarding unlicensed cattle sheds near a police outpost in Bidhannagar. After verifying inspection reports and Municipal affidavits, the court directed the Municipal Commissioner to ensure compliance with his previous order to relocate the sheds by 18.06.2024.

What did the court decide?

Direction to the Municipal Commissioner to ensure compliance with the order dated 19.04.2024 for removing and relocating the cattle sheds within the granted time frame.

In Re Unchecked Cattle Sheds on the Opposite Side of… — Environment and Pollution | 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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Original Application No.180/2023/EZ

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In the matter of:

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In Re: Unchecked Cattle sheds on the opposite side of police outpost in Bidhannagar, dispute regarding its demolition

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……..Applicant(s)

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Versus

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1. Additional Chief Secretary, Department of Environment, Govt. of West Bengal, 5^th Floor, Pranisampad Bhawan, Block LB-II, Salt Lake, Sector III, Bidhannagar, Kolkata-700106;

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2. Member Secretary, West Bengal Pollution Control Board, Paribesh Bhawan, Sector-III, Salt Lake, Bidhannagar, Kolkata-700106;

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3. Central Pollution Control Board, Through its Chairman, Parivesh Bhawan, East Arjun Nagar, Delhi-110032;

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4. Bidhannagar Municipal Corporation, Through its Municipal Commissioner,

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5. Commissioner of Police, Bidhannagar, Bidhannagar Police Commissionerate, Salt Lake Stadium Road, JB Block, Sector-III, Bidhannagar, West Bengal

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……..Respondent(s)

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Date of hearing: 02.05.2024

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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 : Mr. Krishendu Bera, Amicus Curiae

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For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-1 & 5,

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Mr. Dipanjan Ghosh, Advocate for R-2, Mr. Surendra Kumar, Advocate for R-3 (in Virtual Mode), Ms. Paushali Banerjee, Advocate for R-4

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ORDER

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The present Original Application has been taken up suo motu on the basis of a newspaper article published in Ananda Bazar Patrika on 05.12.2023 in vernacular Bengali language. The article reads as

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under:-

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“Unchecked cattle sheds on the opposite side of police outpost in Bidhannagar, dispute regarding its demolition”

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Prabal Gangopadhyay:

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Cattle shed is on one side of the canal, while on the other is the police outpost.

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The people of the area claim that no one is bothered about it, due to which, despite the ban, huge cattle shed has been flourishing in the heart of the city for years, near Jagatpur in Bidhannagar Municipal Area, in Adarshnagar. Allegedly, the cattle shed is over the canal and adjoining land. The shed owner, however, claims that he will soon close this business. On the other hand, the local municipal representative complained that despite efforts for several months, no action is being taken against owner or the cattle shed due to lack of support from the municipality.

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Bagjola Bypass (BB)-1 Canal has passed through Jagatpur of Bidhannagar Municipal area. In Adarshnagar, a huge cattle shed is raging along the canal. Sri Ratan Dey, the owner has claimed “The cattle shed exists since before I was born. I have aged and I will close this business in a few months.”

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Once upon a time, there were huge cattle sheds along Bagjola Canal in Dum Dum area. The owner of all those khatals was a late local municipal representative. But at that time the administration had completely evicted the cattle shed. Salt Lake and Rajarhat areas have been merged to form Bidhannagar municipality, but the locals have raised questions about how things are going on there. They alleged that garbage, including shed's dung is dumped in canals and drains of the area resulting in increasing pollution. However, not only in Adarshnagar, but

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also in Baguipara area of Baguiati, cattle sheds are in existence for many years. All those sheds could not be evacuated even during the outbreak of dengue.

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While visiting the adjacent areas of BB-1 Canal, it was found that there is a police outpost on the opposite side of Khatal. Although the police claimed that cattle shed eviction is not their job. If the municipality takes measures, they will be there to control law and order. The local people say that the police was approached in the past regarding that cattle shed but nothing could be done.

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Expressing his helplessness with this, the local municipal representative of ward number 20 has complained against the municipality. He said, “I wrote a letter to the Bidhannagar municipality last July for eviction of shed as pollution is rapidly increasing in the area. Despite this, nothing has been done in this regard. What can I do alone as a municipal representative? Cattle sheds are not supposed to run in the heart of the city.”

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The local municipal representative also complained that the shed has illegally occupied the canal and its adjoining land and that has got no attention of the concerned department. However, the owner of the shed claimed that the shed has been there for many years and he did nothing new.

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The Member of the Mayor in council looking after the Drainage division of Bidhannagar Municipality, Sri Debraj Chakraborty said, “We do not have a separate department for eviction of Cattle sheds and in such cases, we take action as directed by the district administration. We have already called the concerned cattle shed owners operating the business and warned them.”

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The following Respondents were impleaded in the array of Respondents:-

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1. Additional Chief Secretary, Department of Environment, Government of West Bengal;

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1. West Bengal State Pollution Control Board;

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1. Central Pollution Control Board;

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1. Bidhannagar Municipal Corporation through its Municipal Commissioner; and

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1. Commissioner of Police, Bidhannagar.

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The Tribunal also constituted a Committee comprising of the following members:-

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i) Senior Scientist, West Bengal State Pollution Control Board;

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ii) Senior Scientist, Central Pollution Control Board (CPCB);

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iii) Municipal Commissioner of the Bidhannagar Municipal Corporation or any Senior Officer assigned by him; and

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iv) Commissioner of Police, Bidhannagar or any Senior Officer assigned by him

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The Committee was directed to visit the site and submit a factual Report on affidavit.

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Affidavit dated 06.02.2024 has been filed by Respondent No.2, West Bengal Pollution Control Board bringing on record the Inspection Report of an Inspection Report carried out on 04.01.2024. The Inspection Report reads as under:-

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“Inspection Report

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In the matter of O.A. 180/2023/EZ

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Reference	Order of the Hon’ble NGT dated 07.12.23 in
	case no. O.A. No.180/2023/EZ where it has
	been directed that a Committee comprising
	members from the Bidhannagar Police
	Commissionerate, Bidhannagar Municipal
	Corporation, Central Pollution Control Board
	(CPCB) and West Bengal Pollution Control Board
	(WBPCB) will visit the cattle sheds operating
	opposite Jagatpur Police Outpost within

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	Bidhannagar Corporation area and report.
Date & Time of	04/01/2024 (12.00 onwards)
inspection
Inspecting	1. Smt. A. Sagar, IPS, DCP, Airport Div.,
Officers	Bidhannagar Police Commissionerate
	2. Sri A. Pathak Scientist D, CPCB
	3. Sri S Bhattacharya, Supt. Engineer, Bidhannagar Municipal Corporation 4. Smt. S. Kundu, SEE, WBPCB 5. Sri D. Das, AEE, WBPCB
Representative	Sri Bapi Dey (son of cattle shed owner Sri Ratan
of unit present	Kumar Dey)
during
inspection

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Observation:

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Two cattle sheds were found located on the bank of a feeder sewage canal opposite the Jagatpur Police Outpost. It was learnt that the canal starts near Joramandir Baguihati and drains into the Kestopur Canal. The two cattle sheds toegether occupy approx. 40 ft X 40 ft. area.

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One cattle shed is owned by Sri Ratan Kr. Dey. His son, Sri Bapi Dey, who was present during the inspection, claimed that the cattle shed is constructed on own land and is running for more than forty years. It has 62 cattle (cows and buffaloes). The other cattle shed is run by Sri Avay Mahato and has 13 cattle (cows). This shed is constructed on land owned by Sri Manu Pal. The two sheds have bamboo structure with tiled roof. Milk extracted is sold to local vendors.

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The liquid & solid waste including animal excreta, floor wash etc. is discharged directly into the sewage canal. However, no obstruction of normal flow (due to solid discharge) of canal water was observed during inspection.

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The locality is a congested mixed locality with residential and commercial establishments co-existing side by side. Two multi-

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storied buildings exist immediately next to the cattle sheds and these are also very close to the earthen embankment of the feeder sewage canal.

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It was also informed by the owner that earlier the area had more than 20 cattle houses along the sides of sewage drain canal but gradually the area has become congested with human settlement. However, the houses too in this area are built very close to drain/canal near eroded embankment without permanent guard wall.

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The owner of cattle sheds could not show any statutory licenses during the inspection.

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Remarks: The cattle sheds are operating without valid licenses and environmental safeguards. The owners should obtain all necessary applicable clearances from all concerned departments authorities.”

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The Inspection Report is also supported by photographs showing cattle sheds on the bank of the canal.

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Affidavit dated 15.03.2024 has been filed by Respondent No.4, Bidhannagar Municipal Corporation and it is stated that notice has been issued by the Bidhannagar Municipal Corporation to stop unprocessed waste being disposed of into the public sewerage system.

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A further affidavit dated 30.04.2024 has been filed by Respondent No.4, Bidhannagar Municipal Corporation, wherein it is stated that on 03.04.2024 a hearing was held with the cattle shed owners and the Corporation by its order dated 19.04.2024 directed the cattle shed owners to remove the cattle sheds from the premises in question and relocate the same to a suitable location within four weeks.

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The clear finding recorded by the inspection team is that there are two cattle sheds about 40 ft. X 40 ft. area. The owner of one cattle shed is Sri Ratan Kr. Dey whose son Sri Bapi Dey, was present during inspection. The cattle shed owner submitted that the cattle shed is running for more than forty years; he has 62 cattle (cows and buffaloes).

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The other cattle shed is run by one Sri Avay Mahato who has 13 cows; this cattle shed is constructed on land owned by one Sri Manu Pal. The two cattle sheds have bamboo structure with tiled roof.

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The Committee also observed that liquid and solid waste including animal excreta, floor wash etc. is being discharged directly into the sewage canal. It is mentioned that canal starts near Joramandir Baghuihati and drains into the Kestopur Canal. It was also mentioned in the Report that the locality is a congested mixed locality with residential and commercial establishments co-existing side by side. The Report further mentions that the cattle sheds are operating without valid licenses or environmental safeguards.

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The affidavit of the Bidhannagar Municipal Corporation shows that a hearing has been carried out and order has been passed on 19.04.2024 directing the cattle sheds to relocate. Notices of the proceedings were issued to Sri Ratan Kr. Dey and his son Sri Bapi Dey, owner of one cattle shed, and Sri Avay Mahato, the cattle shed owner and Sri Manu Pal, owner of the land on which Sri Avay Mahato, owner of the other cattle shed is operating from the land of Sri Manu Pal. The notices dated 20.03.2024 were issued to Sri Ratan Kumar Dey, Sri Bapi Dey, Sri Avay Mahato and Sri Manu Pal, copy of which has been filed with the affidavit of the

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Bidhannagar Municipal Corporation showing due receipt of the said notice by the said persons.

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The order dated 19.04.2024 passed by the Bidhannagar Municipal Corporation directing the said owners of the cattle shed to remove the cattle sheds within four weeks and relocate to a suitable location has also been filed as Annexure along with the affidavit of the Bidhannagar Municipal Corporation.

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In view of the above, we dispose of this Original Application with a direction to the Municipal Commissioner, Bidhannagar Municipal Corporation, to ensure compliance of the direction in his order dated 19.04.2024 within the time frame granted by him and file affidavit of compliance by 18.06.2024.

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Interlocutory Applications, 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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May 02, 2024, Original Application No.180/2023/EZ MN

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In Re Unchecked Cattle Sheds on the Opposite Side of Police Outpost in Bidhannagar Dispute Regarding Its Demolition v. State of West Bengal

Case brief

What is this about?

What did the court decide?

In Re Unchecked Cattle Sheds on the Opposite Side of Police Outpost in Bidhannagar Dispute Regarding Its Demolition v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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