Dismissed

Sonjit Kumar Kayal v. West Bengal Pollution Control Board

NGT10 Jul 2025Original Application No. 111/2025

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench dismissed an original application alleging illegal operation of a Chanachur factory causing pollution. The court held the application not maintainable as it was barred by res judicata following a prior original application and a subsequent High Court writ petition that was disposed of.

What did the court decide?

Original Application No.111/2025/EZ dismissed with liberty to pursue appropriate remedies; no order as to costs.

Sonjit Kumar Kayal vs West Bengal Pollution… — Constitutional and Fundamental Rights | NGT (2025)

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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.111/2025/EZ

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IN THE MATTER OF

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Sonjit Kumar Kayal , S/o Late Kundu Pada Kayal, 169/1-B, Haridas Dutta Road, Ward No.6, P.O.-Joynagar-Majilpur, P.S.- Joynagar, South 24 Parganas, Pin - 743337

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……….Applicant(s) Versus

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1. West Bengal Pollution Control Board, Through the Member Secretary, Paribesh Bhavan, 10A, Block-LA, Sector-III, Salt Lake City, Kolkata, West Bengal

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2. West Bengal Pollution Control Board, Through the Chairman, Paribesh Bhavan, 10A, Block-LA, Sector-III, Salt Lake City, Kolkata, West Bengal

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3. The District Magistrate, South 24 Parganas, 25, Belvedere Road, Alipore, Kolkata – 700027.

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4. Joynagar Majilpur Municipality , Through the Executive Officer, 14, N.S.C. Road, P.O.- Joynagar Majilpur, P.S.- Joynagar, South 24 Parganas, Pin - 743337

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5. Arup Mondal, proprietor of M/S Maa Kali Food Product, 169/1C, Haridas Dutta Road, Hazipara, P.S.- Joynagar, South 24 Parganas, Pin – 743337. ………..Respondent(s)

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Date of hearing: 10.07.2025 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. Nilanjan Pal, Advocate (in Virtual Mode) a/w Mr. Dipankar Thakur, Advocate

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ORDER

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Heard Mr. Nilanjan Pal, learned Counsel appearing (in Virtual Mode) assisted by Mr. Dipankar Thakur, learned Counsel for the Applicant.

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The Applicant, Sonjit Kumar Kayal, who is a resident of 169/1-B, Haridas Dutta Road, Ward No. 6, P.O.- Joynagar-Majilpur, P.S.Joynagar, South 24 Parganas has filed the present Original Application alleging that the Respondent No.5, Arup Mondal, a proprietor of M/S Maa Kali Food Product, is illegally operating a Chanachur Factory having its principle place of operating his business at 169/1C, Haridas Dutta Road, Hazipara, P.S.Joynagar, South 24 Parganas.

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It is alleged that the illegal Chanachur Factory is being operated using Coal Fired Mud Oven without any pollution control and is causing immense air pollution and smoke and the smoke emitted by the factory enters the house of the Applicant which is hardly 4 feet away from the factory. It is also alleged that the said Chanachur Factory is being operated without any valid licence.

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It appears that earlier the Applicant had filed Original Application No.174/2023/EZ on the same allegations and the Tribunal on a finding that the Unit was operating without Consent to Operate (CTO) directed that till Consent to Operate (CTO) is granted by the West Bengal Pollution Control Board, the Unit shall not be allowed to operate and if it is found operating, the West Bengal Pollution Control Board shall take action against the Respondent No.4. The said Original Application No.174/2023/EZ was disposed of by the National Green Tribunal vide order dated 12.02.2024.

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It is stated that when the order of the Tribunal has not been complied with, the Applicant filed a Writ Petition No.9423 of 2024 in the Hon’ble High Court at Calcutta and the said Writ Petition was disposed of by the Hon’ble Calcutta High Court by its order dated 04.09.2024 by directing the West Bengal Pollution Control Board “to maintain a vigil and hold periodical inspections to ensure that the respondent no.4 operates in accordance with law.”

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The allegation of the Applicant is that in spite of the order of the National Green Tribunal dated 12.02.2024 and of the Hon’ble High Court at Calcutta dated 04.09.2024, the Respondent No.5 is continuing to operate the Chanachur Factory causing immense air pollution in the area as well as smoke entering into the house of the Applicant.

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In the circumstances, the Applicant has prayed that an order of closure be issued by the West Bengal Pollution Control Board with disconnection of electricity against the Respondent No.5, M/S Maa Kali Food Product.

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Prima facie, we are of the view that the second Original Application No.111/2025/EZ for the same cause of action is not maintainable. Secondly, the Applicant having approached the Hon’ble High Court at Calcutta in Writ Petition No.9423 of 2024 and the same having been disposed of by the Hon’ble High Court at Calcutta with directions given in its order dated 04.09.2024 and if those orders have not been complied with, the Respondent is in contempt of the orders of the Calcutta High Court and therefore, also, second Original Application for the same cause is not maintainable.

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Mr. Nilanjan Pal, learned Counsel for the Applicant prays that he may be permitted to withdraw this Original Application. However, since the Original Application itself is not maintainable being

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barred by res judicata, we dismiss the Original Application No.111/2025/EZ.

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The Applicant may pursue appropriate remedies as may be available to him in law.

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I.As., if any, stand disposed of accordingly.
11. There shall be no order as to costs.

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.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
July 10, 2025,
Original Application No.111/2025/EZ
OM

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Sonjit Kumar Kayal v. West Bengal Pollution Control Board

Case brief

What is this about?

What did the court decide?

Sonjit Kumar Kayal v. West Bengal Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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