Disposed

Misc Application in disposed of cases No. 19/2025 in Original Application No. 258/2024 of Banibrata Mukherjee vs

NGT1 May 2025Misc Application in disposed of cases No. 19/2025 in Original Application No. 258/2024

Case brief

AI extract

What is this about?

The applicant sought demolition of encroached pond area and restoration. The National Green Tribunal held that since a related matter is pending before the Calcutta High Court, further proceedings would risk conflicting orders, rendering the current application non-maintainable. The matter was disposed of with liberty to approach the High Court.

What did the court decide?

M.A. No. 19/2025 disposed of with liberty to the applicant to avail appropriate remedy by filing application before the Hon'ble Calcutta High Court in WPA (P) 230 of 2022.

Misc Application in disposed of cases No. 19/2025 in… — Environment and Pollution | NGT (2025)

¶1

Item No. 07

¶2

Court No. 2

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Misc Application in Disposed of Cases No. 19/2025 In Original Application No. 258/2024

¶5

Banibrata Mukherjee Applicant

¶6

Versus

¶7

State of West Bengal & Ors. Respondents

¶8

Date of hearing: 01.05.2025

¶9

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

¶10

Applicant: Applicant in Person.

¶11

Respondents: None for the Respondents.

¶12

ORDER

¶13

The applicant- Banibrata Mukherjee had sent a letter petition dated 03.09.2023 to this Tribunal which was treated and registered as OA No. 258 of 2024.

¶14

The applicant raised the grievances that a pond existed on land measuring 15 kathas and that private individual namely Behala Diamond Club filled up part of the pond and erected bamboo structure on the same.

¶15

This Tribunal disposed of the original application by constituting a Joint Committee comprising District Magistrate, Kolkata, Commissioner

¶16

¶17

Municipal Corporation, Kolkata and representative of West Bengal Pollution Control Board with direction to visit the site, collect relevant information and if it found that pond was being filled illegally take appropriate steps for preventing such activities and restoration of the pond area to its original condition within three months and send its report within 15 days thereafter to the Registrar General of this Tribunal who was given liberty to place the matter before the Bench for further orders if considered necessary.

¶18

Since the Joint Committee did not submit any report, the matter was placed before the Bench.

¶19

Vide order dated 29.11.2024 further opportunity was granted to the Joint Committee to submit its report.

¶20

Report dated 06.01.2025 was filed by Additional District Magistrate and District Land and Land Reforms Officer, South 24, Parganas and report dated 07.01.2025 was filed by the Executive Engineer (Civil), Environment and Heritage Department, Kolkata Municipal Corporation.

¶21

In view of the compliance reports, miscellaneous application was disposed of vide order dated 08.01.2025.

¶22

The applicant-Banibrata Mukherjee has filed M.A No. 19/2025 with following prayers:-

¶23

“A. To order State Administration/ Kolkata Municipal Corporation to demolish 351 square feet of encroached pond area done by Sri Kajal Sarkar while constructing his house within premises no-139/1, Diamond Harbour Road and impose adequate fine/penalty upon him for the purposeful encroachment upon my pond as clearly shown in satellite imagery -Annexure-8 and drawing of Annexure-9 and order penal action against Mr. Kajal Sarkar as per provision of laws of environment protection and West Bengal Inland Fisheries Act.

¶24

¶25

B. To allow me to excavate about 1012 sq. ft. area with measurements of 22 feet wide x 46 feet long with a depth of 6 feet, out of the present area of 1238 sq. ft. comprised within Area -B and Area-C as shown in AUTOCAD Drawing, leaving just adequate space as pond embankment for me to erect the boundary wall and its foundation on the excavated periphery of my pond area and remove the permanent cancer/cause of any pollution upon my pond and prevent future encroachment once and for all and I will be able to save my water body forever.

¶26

c. Instruct the State/District Administration and Police Administration to provide me and my family with adequate Police protection from local miscreants and or affiliates/ members of Behala Diamond Club during excavation work and construction of boundary wall or instruct the State/District Administration to carry out the excavation of about 1000 sq. ft. in my presence and I will reimburse the cost of excavation to State/District Administration and carry out construction of the boundary wall at my cost under police protection.”

¶27

We have heard the applicant who has appeared before us in person and have also gone through the material on record.

¶28

In M.A. No. 19/2025, the applicant has alleged that the reports of Additional District Magistrate and District Land and Land Reforms Officer, South 24, Parganas and Executive Engineer (Civil), Environment and Heritage Department, Kolkata Municipal Corporation are contradictory and contrary to the factual position on the spot. The applicant has also asserted that the respondents are misleading this Tribunal.

¶29

However, the applicant has mentioned in M.A No. 19/2025 that one Sumitra Mondal had filed WPA (P) 230 of 2022 before the Hon’ble Calcutta High Court regarding the filling of pond in question. In the course of hearing today, the applicant has informed that the matter is still pending before the Hon’ble Calcutta High Court.

¶30

In view of the pendency of the matter regarding filling of the pond in question before Hon’ble Calcutta High Court, it will not be appropriate

¶31

¶32

for this Tribunal to further proceed with the matter in order to avoid the possibility of passing of conflicting orders.

¶33

Therefore, no further order can be passed by this Tribunal in the matter at this stage.

¶34

Even otherwise, it may be observed that the applicant has filed M.A. No. 19/2025 challenging the reports filed by Additional District Magistrate and District Land and Land Reforms Officer, South 24, Parganas and Executive Engineer (Civil), Environment and Heritage Department, Kolkata Municipal Corporation and order dated 08.01.2025 passed by this Tribunal on the basis thereof. Instead of filing an application for recalling order dated 08.01.2025 on the ground of there being sufficient cause for non appearance of the applicant on that date or for review of above said order on the grounds of an error apparent on the face of record or availability of material evidence which could not be produced earlier or other sufficient ground justifying such review.

¶35

M.A. No. 19/2025 in its present form is not maintainable.

¶36

In view of the above M.A. No. 19/2025 is disposed of with liberty to the applicant to avail appropriate remedy by filing appropriate application in accordance with law/order of Hon’ble Calcutta High Court in WPA (P) 230 of 2022.

¶37

Arun Kumar Tyagi, JM

¶38

Dr. Afroz Ahmad, EM

¶39

May 01^st , 2025 M.A Disposed of Cases No. 19/2025 In Original Application No. 258/2024 AB

¶40

¶41

Misc Application in disposed of cases No. 19/2025 in Original Application No. 258/2024 of Banibrata Mukherjee vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 19/2025 in Original Application No. 258/2024 of Banibrata Mukherjee vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Misc Application in disposed of cases No. 18/2025 in Original Application No. 702/2024 of Baljinder Singh vs

Misc Application in disposed of cases No. 38/2024 in Original Application No. 257/2023 of Balbir Dass vs

Misc Application in disposed of cases No. 51/2025 in Original Application No. 940/2024 of Gaurav So Sh Ratan Lal vs

Misc Application in disposed of cases No. 49/2025 in Original Application No. 620/2023 of Prashant Sharma vs

Misc Application in disposed of cases No. 52/2025 in Original Application No. 742/2024 of Madan Sen S/O Late Jagdish Prasad vs State of Uttar Pradesh

Misc Application in disposed of cases No. 14/2025 in Appeal No. 24/2022 of Satyanarayan Rao vs Union of India

Misc Application in disposed of cases No. 48/2025 in Original Application No. 739/2022 of Nyay Prayaas Foundation vs

Misc Application in disposed of cases No. 55/2025 in Original Application No. 89/2023 of G Arun vs

Misc Application in disposed of cases No. 18/2025 in Original Application No. 702/2024 of Baljinder Singh vs

Mr Ashok Kumar and Anr. So Late Sh Dharam Singh vs

Misc Application in disposed of cases No. 51/2025 in Original Application No. 940/2024 of Gaurav So Sh Ratan Lal vs

Sukhbir Singh vs Union of India

News Item Titled "India Lost 2.33 Million Hectares of Tree Cover Since 2000 Global Forest Watch" Appearing in the Indian Express Date 13.04.2024. vs

News Item Titled "India Lost 2.33 Million Hectares of Tree Cover Since 2000 Global Forest Watch" Appearing in the Indian Express Date 13.04.2024. vs