Disposed

Baisakhi Bhowmik and Anr. v. the Member Secretary of West Bengal Pollution Control Board

NGT5 May 2025Original Application No. 20/2025

Case brief

AI extract

What is this about?

This judgment addresses allegations of unauthorized brick field operation near a river embankment and primary school. The Tribunal, relying on a fact-finding committee report confirming the absence of statutory consents, ordered the calculation of environmental compensation and directed the Pollution Control Board to decide on the proprietor's fresh CTO application.

What did the court decide?

Ordered West Bengal Pollution Control Board to compute and recover environmental compensation from Respondents 8, 9, and 10; directed the Board to decide the Respondent No. 10's CTO application as per

Baisakhi Bhowmik and Anr. vs the Member Secretary of West… — Environment and Pollution | NGT (2025)

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Item No.08

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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.20/2025/EZ

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Baisakhi Bhowmik & Anr.

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Applicant(s)

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Versus

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The Member Secretary, West Bengal Pollution Control Board & Ors. Respondent(s)

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Date of hearing: 05.05.2025 Date of uploading: 13.05.2025

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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) : Ms. Baisakhi Bhowmik, in person

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For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1,

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Mr. Sibojyoti Chakrabarti, Adv. for R-2,3,4,6 & 7, Mr. Samrat Sen, Sr. Adv. for R-8,9 & 10 (in Virtual Mode)

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ORDER

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Ms. Baishakhi Bhowmik, the Applicant is present in person.

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Rejoinder affidavit dated 02.05.2025 has been filed by the Applicant ; the same is taken on record.

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Mr. Samrat Sen, learned Senior Counsel appearing (in Virtual Mode) for the Respondent Nos.8, 9 and 10 states that in view of the Inspection Report, counter affidavit on behalf of the Respondent Nos.8, 9 and 10 would not be necessary and the matter may be disposed of in accordance with law.

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(Final order of the said case will be uploaded in NGT website

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by separate sheets of paper)

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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May 05, 2025, Original Application No.20/2025/EZ SKB

Item No.08

Court No.1

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.20/2025/EZ

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IN THE MATTER OF:

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1. Baisakhi Bhowmik

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Daughter of Tarapada Bhowmik Age 38 years, Residing at, 92, Nafar Chandra Das Road,

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Kolkata – 700034

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2. Tarapada Bhowmik

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S/o Late Pulin Chandra Bhowmik, Vill – Roychak, P.O. - Maheswara, P.S. – Ramnagar, Dist – South 24 Parganas, Pin – 743368 West Bengal

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.... Applicant(s)

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Versus

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1. The Member Secretary of West Bengal Pollution Control Board,

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Paribesh Bhaban, 10A, Block-LA, Sector-III, Bidhannagar Kolkata – 700106

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2. Principal Secretary

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L&LR Department,

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Government of West Bengal, Nabanna, Howrah – 711 202

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3. The District Magistrate, South 24 Parganas, Alipore, Kolkata – 700027, West Bengal

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4. The B.L & L.R.O, Diamond Harbour Block-II

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Sarisha, South 24 Parganas, Pin – 743368, West Bengal

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5. The Anchal Pradhan, Noorpoor Anchal/Gram Panchayat, Vill – Dewantala,, P.O. – Maheswara, P.S. - Ramnagar, South 24 Parganas, Pin – 743368, West Bengal

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6. The Assistant Superintendent of Police, Diamond Harbour South 24 Parganas,

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Pin – 743331,

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7. The Inspector in Charge of Police, Ramnagar Police Station, Ramnagar, South 24 Parganas, Pin – 743368

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8. TARA BRICK FIELD

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Through Proprietor Satyabrata Ghosh Situated at Vill - Roychak, P.O. – Maheswara, P.S. – Ramnagar, Dist – South 24 Parganas, Pin – 743368, West Bengal

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9. Satyabrata Ghosh

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Proprietor of Tara Brick Field, S/o Late Ganesh Chandra Ghosh, Residing at Vill – Granth Bangla High School, P.O. – Bata Nagar, P.S. - Maheshtala, South 24 Parganas, Pin – 700141, West Bengal

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10. Moonmoon Ghosh W/o Satya Brata Ghosh, Related with Tara Bricks Residing at Vill – Granth Bangla High School, P.O. – Bata Nagar, P.S. - Maheshtala, South 24 Parganas, Pin – 700141, West Bengal

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.... Respondent(s)

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Date of hearing: 05.05.2025 Date of uploading: 13.05.2025

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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) : Ms. Baisakhi Bhowmik, in person

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For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1,

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Mr. Sibojyoti Chakrabarti, Adv. for R-2,3,4,6 & 7, Mr. Samrat Sen, Sr. Adv. for R-8,9 & 10 (in Virtual Mode)

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ORDER

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The two Applicants of the present Original Application are seeking a direction to restrain the Respondent Nos.8 and 9 from operating the brick-kiln alleged to be situated in Mouza Roychak, L.R.

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Khatian No.242, J. L. No.48, Dag 9. The allegation is that there is a brick field by the name “Tara Bricks” situated at Vill. – Roychak, P.O. Maheswara, P.S. – Ramnagar, Dist. – South 24 Parganas. The Applicants are stated to have been residing only 3.00 meters away from the said brick field and about 1.00 meter from the river embankment; there is also a primary school named Roychak Free Primary School within a distance of 15 mtrs. from “Tara Bricks”; it is stated that the Applicants had submitted an application before the Principal Secretary, L & L.R. Department, Government of West Bengal to stop operation of the unauthorised brick field of the Respondent Nos.8 and 9; it is stated that on 06.12.2024, the police of Ramnagar Police Station came and stopped excavation of earth near river Ganges which was carried out by the Respondent Nos.8 and 9 and arrested several people involved in the act of illegal excavation.

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It is stated that Case No.GR-3945/24 dated 06.11.2024 and Case No.234/24 of Ramnagar Police Station have been filed in the Court of ACJM, Diamond Harbour Police Court. It is alleged that the said Brick-kiln is causing water pollution by carrying out illegal excavation in the Hooghly River embankment. The said Respondents are also stated to have encroached the government road land situated at Mouza Roychak, L.R. Khatian No.242, J.L. No.48, Dag 7. It is also alleged that smoke is emanating from the brick-kiln causing considerable air pollution and health hazard in the area.

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At the time of admission, this Tribunal constituted a Committee comprising of the following Members with a direction to visit a site in question and submit its Report:-

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i) District Magistrate, South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM); and

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

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1. The Applicant has filed affidavit dated 07.03.2025 bringing on record a reply dated 20.02.2025 to her RTI Application which mentions that Tara Bricks (Respondent No.8 herein) does not have Consent to Operate (CTO).

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The District Magistrate & Collector, South 24 Paraganas, Respondent No.3 has filed affidavit dated 23.04.2025 bringing on record the Inspection Report of the Committee constituted by this Tribunal, of an inspection carried out of the site in question on 13.03.2025. The Inspection Report reads as under:-

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“Minutes of Field Inspection caused by Fact Finding Committee to comply the solemn order Passed by Hon’ble National Green Tribunal dated 12.02.2025 in the matter of BAISAKHI BHOWMIK AND ANR VS THE MEMBER SECRETARY OF WEST BENGAL POLLUTION CONTROL BOARD bearing O.A. Case no. 20/2025/EZ

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In compliance with the solemn order of Hon'ble National Green Tribunal, Eastern Zone dated 12.02.2025, in the matter of Baisakhi Bhowmik & Anr. Vs. The Member Secretary of West Bengal Pollution Control Board & Ors. bearing O.A case no. O.A 20/2025/EZ in which the Hon’ble Court has directed,

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“9. Considering the allegations made in the Original Application, we deem it appropriate to constitute a Fact Finding Committee comprising of the following members:-

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i) District Magistrate, South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM); and ii) Senior Scientist, West Bengal State Pollution Control Board;

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10. The Committee shall visit the site in question and submit its Report on affidavit within three weeks with regard to the allegations made in the Original Application.

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11. The District Magistrate, South 24 Parganas shall be the Nodal office for all logistic purposes and for filing the Fact finding Report on affidavit.

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12. The Committee shall also suggest remedies in case violations are found and the action proposed against the violators.”

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To comply the direction of the Hon’ble court (quoted above) the date of enquiry has been fixed on 13^th March, 2025 at 12.30 pm.

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On the date of inspection,

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i. Mr. Niranjan Mandal, Assistant Environmental Engineer, Alipur Regional Office, WBPCB

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ii. Mr. Saddam Navas, IAS, Additional District Magistrate and District Land and Land Reforms Officer, South 24 Parganas as a representative of District Magistrate, South 24 Parganas

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were present and the team of B.L & L.R.O Diamond Harbour II led by B.L & L.R.O herself with Revenue Officer and Revenue Inspector have supported the joint committee in physical identification of L.R plot nos. 1, 2, 3, 4, 7, 8, 9, 10 & 8/572 and 22 under Mouza - Raichak, JL 48.

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2. B.L & L.R.O Diamond Harbour II has sent a comprehensive report of the physical inspection bearing memo no.429/BL&LRO/DH II/25 dated 09.04.2025, in which she has submitted that

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a.The applicants are presently residing in LR Plots 1, 2, 3 & 4 of Mouza Raichak, JL 48, approximately 150 feet or 46 meters from Kiln of Tara Bricks and approximately 550 feet or 168 meters from river embankment.

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b.The Roychak Free Primary School, situated in LR Plot 22 of Mouza Raichak, JL 48, is about 250 feet or 76 meters from Kiln of Tara Bricks.

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c. Plot 7 of Mouza Raichak, JL 48, classification Bandh, total area 2.12 acres, recorded in favour of Irrigation Department in LR Khatian 241/1 and width of the said plot as per Mouza map being near about 55 feet is presently used partially as pitch road from Raichak Ferry Ghat towards Dakshin Simulberia (approximate breadth 30 feet) and the rest portion by Tara Bricks.

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d. L.R Plots 8, 9, 10 & 8/572 possessed by Tara Bricks for operation of the kiln, arc Collector’s Land and recorded under Khatian no. 1. 3.

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3. The Fact-Finding Committee has observed,

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A. That the proprietors of Brickfield have not obtained Consent Establish/Consent to Operate till date for the brickfield as per Memorandum No. 2648-M&M/LR/A-I-26/2010 dated 27.10.2016 and operated the said brick fields, illegally occupied the land having L.R Plots Nos. 8, 9, 10 & 8/572 under Khatian no. 1. Hence the committee has advised the concerned B.L. & L.R.O. to send closure notice to restrict the illegal operation (for violation of Memorandum No. 2648-M&M/LR/A-I-26/2010 dated 27.10.2016 as well as possession of L.R. Plots 8, 9, 10 & 8/572 under Khatian no. 1 by Tara Bricks without having any valid agreement) of the brickfield as a remedial measure.

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B. That the WBPCB has examined the stack emission to ascertain the level of Air Pollution happening due to combustion of coal of the alleged Brick field and has not found any considerable amount of pollutant emitted through the stack of the brick kiln. WBPCB has submitted their detailed Inspection Reports along with Stack Emission Report on 28.03.2025.

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C. That since the brick field in question has been operating without CTO & CTE and also without obtaining statutory permissions hence it is stated that Environmental Compensation may be computed by the West Bengal Pollution Control Board for the past violations.

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Inspection Report cum Check list West Bengal Pollution Control Board Alipore Regional Office

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Ref. of Inspection	1. Inspection and stack monitori	ng on
	25.03.2025
	2. Joint inspection on 13.03.2025
	3. Compliance of direction	dated
	12.02.2025 of Hon’ble National	Green
	Tribunal passed in connection with 20/2025/EZ.	OA No.

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Name of the industry Address	:	Tara Bricks, Prop. Munmun Ghosh
Address	:	Vill. -Raichak, P.0.-Maheshwera, P.S.- Ramnagar, Dist.-South 24 Parganas
P.O. & Pin code	:	Maheshwera- 743368
P.S.	:	Ramnagar
District	:	24 Parganas (South)
Local body/authority	:	Diamond Harbour-II Panchayat Sanity
Power supply agency/authority	:	W.B.S.E.D.C.L
Category of industry	:	Orange
Date of inspection	:	13.03.2025 & 25.03.2025
inspecting officer	:	N. Mandel, AEE Alipore RO
Person met/present during inspection	:	1. Sri Satya Brata Ghosh, on behalf of the unit 2. Ms. Baisakhi Bhowmik-on behalf of the complainant
*Observation*	:	The unit is engaged in manufacturing
(A]Sources of generation of		of Red Brick. Water is required for
liquid waste from		mixing brick earth and there is no
manufacturing process		source of waste water generation from the manufacturing process.
(B) Facilities available for treatment	:	Not required.
[C] Generation of sewage and its treatment/disposal	:	Toilet, latrine Septic tank to soak pit.
(D) Observation &	:	There is no source of water pollution within
comments on performance		the unit.
of treatment facility of liquid waste
(E) Sources of generation of gaseous emission	:	Coal Fired Brick Kiln
(F) Facility available for	:	Gravity settling Tunnel and Fixed
treatment of gaseous		Chimney of height about 30 meters
emission		from GL.
(G) Observation & comments	:	During inspection, the unit was in
on performance of treatment		operation. Design of the Brick Fields
facility for gaseous emission		was checked. Design of the Brick Kiln is Zig Zag with FD fan. Emission from the
		stack was white in colour. Stack
		monitoring was carryout out during

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inspection. Result of analysis report may be perused. Concentration of PM was found only 3.40mg/Nm³ , which is very low compared to emission standard 250mg/Nm³ . Due to very low concentration of PM, retest may be done to confirmation of such a low concentration of PM. However, due to having Zigzag Kiln, emission from the stack of the kiln should not be a cause of concern.

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There is a source of spreading dust from brick kiln when raw brick is covered with loose particle as an insulation, which may be spread in the nearby area. Neither multi-layer green of 10 meters wide nor 3 m high wall was constructed along the periphery of the brick kiln to restrict spreading of dust from the brick kiln. [H] Observation on noise : pollution generated from --industrial process alongwith measured levels (if measurement required) [I] Information regarding solid : Coal ash, which is used for land filling. waste generation and disposal/storing facility [J] Information regarding : No hazardous waste is generated at Hazardous waste generation Brick Field and onsite storing facility (K) Status of Haz. Waste : Not required. (M & H) authorization (L) Storing of Hazardous : Not applicable Chemicals under M S & I (HC) Rules (M) Status of consent to : On demand, the unit was unable to establish show Consent to Establish (NOC)

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(N) Status of consent to : On demand, the unit was unable to operate show Consent to Operate. Now the unit has applied for CTO through online portal. (O) Status of Environmental : On demand, the unit was unable to Clearance show Environmental Clearance (which is required for mining of brick earth of dept more than 1.5 meter)

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[P] Any other relevant information:

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1. Hotel cum Residential house of complainant is within 1.00m.

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2. Primary school is also within 1 km.

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3. This Brick Kiln is operating since 1980 as stated.

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4. The unit has submitted pollution cost Rs.1,00,000/- on 18.08.2016 (Responded No. 802).

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5. It is located just very closed to the bank of river Ganga.

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(Q) Remarks:

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1. The Design of the Brick Kiln is Zig Zag.

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2. The unit doesn’t have valid Consent.

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3. As per guideline, “Multi —layer green belt of 10-metre width shall be constructed along the periphery of brick fields / kilns leaving two 10metre-wide gaps in the boundary for entry and exit of materials and vehicles. A 3-metre-high wall shall be constructed on the side where land is not available for green belt development; the minimum area required is 2.0 acres”. Such arrangement was not provided.

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4. Location of the brick kiln from river bank and nearby registered school may be cause of concern w.r.t. Memorandum, issued by L&LR Department vide Memo No.2648-M&M/LR/A-II-26/2010 dated 27.10.2016 (reference guidelines for regularization of old brick field).

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5. Necessary action may be taken as deemed fit and proper.

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The Applicant has filed rejoinder response dated 02.05.2025 alleging that the Respondent No.8-Tara Brick Field, is using LR Plot Nos.8, 9, 10 and 8/572 and is also occupying Collectors land under Khatian No.1, Plot No.7 and has closed a canal in Plot No.9. It is stated that the said Brick Field has been operating since 1982 but was purchased by the Respondent No.10-Moonmoon Ghosh in 2007 from one Mr. Dhiren Jana under Registered Deed of 2011.

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It is alleged that the Respondent No.8 has illegally encroached more Government land situated at Mouza-Dakhin Simuil Beria, J.L. No.30, Dag No.512 and 530 in Mouza-Roychak.

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Mr. Samrat Sen, learned Senior Counsel appearing for Respondent Nos.8, 9 and 10, Private Respondents, submitted that in view of the Inspection Report submitted by the Committee constituted by this Tribunal, it would not be necessary to file any counter-affidavit on behalf of the said Respondents and the Tribunal may dispose of the matter accordingly.

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A perusal of the Inspection Report shows that the Respondent Nos.8, 9 and 10 have not obtained Consent to Establish (CTE) or Consent to Operate (CTO) for operating the brick kiln in question and have illegally operated the said brickfield and have illegally occupied the land, LR Plot Nos.8, 9, 10 and 8/572 under Khatian No.1; the Committee has advised the BL&LRO to send closure notice to restrict the illegal operation as well as for possession of LR Plot Nos.8, 9, 10 and 8/572 under Khatian No.1 by the Respondent Nos.8, 9 and 10.

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The Committee has also observed that since the Respondent No.8 brickfield has been operating without Consent to Establish or Consent to Operate and without statutory permissions, therefore, environmental compensation may be computed by the West Bengal Pollution Control Board for past violations.

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The Inspection Report further mentions that the Applicants are residing at LR Plot Nos.1, 2, 3 and 4 of Mouza Raichak, JL No.48, approximately 150 feet/46 meters from kiln of Tara Bricks and approximately 550 feet/168 meters from the river embankment; the Roychak Free Primary School situated in LR Plot No.22 of

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Mouza Raichak, JL No.48 is about 250 feet/76 meters from the Respondent No.8-Brick Kiln.

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The Inspection Report also mentions that the Hotel cum Residential House of the complainant is within 100 meters; the Respondent No.8-Unit is located very close to the bank of the River Ganga and therefore, its location close to the River bank and the Primary School may be a cause for concern, therefore, necessary action be taken in this regard.

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Along with the affidavit of Respondent No.3, a letter dated 11.04.2025 (Annexure-R-2, page no.83) has been filed issued by the Assistant Director, WBLRS & BL&LRO, Diamond Harbour II, South 24 Parganas to the Additional District Magistrate & District Land & Land Reforms Officer, South 24 Parganas, which mentions that LR Plot No.7, 8, 9, 10 and 8/572 are being used by M/s Tara Bricks, Respondent No.8 herein, for operation of their brickfield; Plot No.7 of Mouza Raichak, JL No.48 classification ‘Bandh’ total area 2.12 acres is recorded in favour of the Irrigation Department in LR Khatian No.241/1 and width of the said plot as per mouza map is about 55 feet and is being partially used as pitch road from Raichak Ferry Ghat towards Dakshin Simulberia (approximate breadth 30 feet).

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I.A. No.46/2025/EZ has been filed by the Applicant-Munmun Ghosh W/o Satya Brata Ghosh, proprietor of Tara Bricks, (Respondent No.10 in the Original Application), praying that they have moved an application dated 04.04.2025 for grant of Consent to Operate (CTO) before the West Bengal Pollution Control Board and therefore, it is prayed that the said I.A. may be disposed of

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with a direction to the West Bengal Pollution Control Board to consider the said Application.

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In the I.A., it is stated that the husband of the Applicant (Satya Brata Ghosh) proprietor of M/s Tara Bricks suffered a heart attack in 2022 on account of which the Brickfield in question was closed from the beginning of 2022 till mid November, 2024, information of which was given to the BL&LRO, South 24 Parganas, Roychak, vide letter dated 06.01.2023 regarding non-operation of the business of the Applicant from the year 2022-23 along with all medical reports. It is further stated that by letter dated 21.10.2024, the Applicant informed the BL&LRO, South 24 Parganas, Roychak, that the Applicant would like to restart the manufacturing process of the said Brickfield; the Applicant has also paid the requisite land revenue through online process to the Land and Land Reforms and Refugee Relief and Rehabilitation Department on 16.12.2024 in respect of land being Khatian No.472, Plot No.2, 4 and 5, Mouza-Roychak.

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We, therefore, dispose of this Original Application with a direction that since the Respondent Nos.8, 9 and 10 have operated the Brickfield in question without a valid Consent to Establish (CTE) and Consent to Operate (CTO) from the West Bengal Pollution Control Board in violation of the environmental norms, they would be liable for payment of Environmental Compensation. The West Bengal Pollution Control Board is, therefore, directed to determine and compute the Environmental Compensation against the Respondent Nos.8, 9 and 10 giving them an opportunity of being heard and thereafter, proceed to recover the same from them in accordance with law.

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So far as I.A. No.46/2025/EZ is concerned, we dispose of the same with a direction to the West Bengal Pollution Control Board to take a decision on the application of the Respondent No.10 dated 04.04.2025 for grant of Consent to Operate strictly as per law. We also make it absolutely clear that we have not expressed any opinion on the merits of the application of the Respondent No.10 dated 04.04.2025.

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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 05, 2025, Original Application No.20/2025/EZ MN

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Baisakhi Bhowmik and Anr. v. the Member Secretary of West Bengal Pollution Control Board

Case brief

What is this about?

What did the court decide?

Baisakhi Bhowmik and Anr. v. the Member Secretary of West Bengal Pollution Control Board

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

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