Disposed

Abijit Sarkar and Ors. vs

NGT6 May 2024Original Application No. 208/2024

Case brief

AI extract

What is this about?

Original Application regarding illegal filling of a pond with rubbish and unauthorized construction in Behala, Kolkata. The National Green Tribunal constituted a Joint Committee to verify facts and suggest remedial action and transferred the matter to the Eastern Zone Bench.

What did the court decide?

Constitution of a Joint Committee to investigate grievances and verification of facts regarding illegal filling of a pond and unauthorized construction.

Abijit Sarkar and Ors. vs — Environment and Pollution | NGT (2024)

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Item No.4

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(Court No. 2)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPALBENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid V.C. Option)

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Original Application No. 208/2024

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Abhijit Sarkar and Ors …Applicants

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Versus

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State of West Bengal & Ors. …Respondents

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Date of hearing: 06.05.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.

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Applicant: None for the applicant.

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Application is registered based on a letter petition received by Email. ORDER

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Mr. Abhijit Sarkar and others have sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 208/2024.

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The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

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“ X X X X

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Sub.: Information regarding illegally filling up pond in the Becharam Chatterjee Road Behala, Kolkata - 700 034 within the jurisdiction of Parnasree Police Station.

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With due honour this is to inform you that some miscreants are filling up a pond (measuring about 12 Kottah) in our locality behind the premises nos. 14/1, 16/A, 18 and 45/7 Becharam Chatterjee Road Behala, Kolkata - 700 034, Borough No. 14, Ward No. 130 situated within the jurisdiction of Parnasree Police Station. The said miscreants

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O.A. No. 208/2024 Abijit Sarkar & Ors Vs. State of West Bengal & Ors .

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have already filled up some portion of the said pond with rubbish and wastes and built-up unauthorised construction and put up an iron gate there in despite protest from undersigned and local inhabitants.

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Please note this pond belongs and exists more than 80 years in this area and playing important role to prevent fire (photocopy of sketch map and photographs are annexed here with).

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Therefore, we earnestly request you to take necessary measures to debar them from continuing such illegal acts and take immediate action in view of direction issued by Honourable High Court at Calcutta and Honourable National Green Tribunal and obliged."

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Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

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In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of West Bengal Pollution Control Board and the District Magistrate, Kolkata and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and suggest appropriate remedial action. The West Bengal Pollution Control Board will be the nodal agency for coordination and compliance.

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Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Eastern Zone Bench of this Tribunal at Kolkata, we are of the considered view that it will be appropriate

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O.A. No. 208/2024 Abijit Sarkar & Ors Vs. State of West Bengal & Ors .

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if the case is further heard by the Eastern Zone Bench of this Tribunal at Kolkata.

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Accordingly, the Registry is directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 04.07.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Factual and Action taken Report by the Joint Committee be filed within two month before the Eastern Zone Bench of this Tribunal at Kolkata by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

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A copy of this order be sent to the Member Secretary, West Bengal Pollution Control Board and the District Magistrate, Kolkata by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr.Afroz Ahmad, EM

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Mary 06^th 2024 AG

Abijit Sarkar and Ors. vs

Case brief

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Abijit Sarkar and Ors. vs

Case brief

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