Dismissed

Villagers of Jaykrishnapur Lokkhipur and Gohogram Represented by One Bimal Bhakta v. the Union of India Service Throuth Secretary Ministry of Environment and Forest and Climate Change

NGT2 Jan 2025Original Application No. 238/2024

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench held an Original Application challenging Environmental Clearances for sand extraction as not maintainable. The Court ruled that such challenges are exclusively appealable under Section 16(h) of the National Green Tribunal Act 2010 and dismissed the application.

What did the court decide?

Original Application challenging Environmental Clearance dismissed as not maintainable.

Villagers of Jaykrishnapur Lokkhipur and Gohogram Represented by… — Land Acquisition | NGT (2025)

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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.238/2024/EZ

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In the matter of: Villagers of Jaykrishnapur, Lokkhipur and Gohogram represented by one Bimal Bhakta, S/o Gurudas Bhakta Residing at Jaykrishnapur, Gohogram, P.O. : Gohogram, Dist.: Purba Bardhaman Pin – 713 248

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…. Applicant(s)

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Versus

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1. The Union of India Service through the Secretary, Ministry of Environment and Forest and Climate Change, Indira Paryavaran Bhawan, Jorbag Road, New Delhi – 110003

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2. The State Level Environment Impact Assessment Authority Department of Environment, Service through the Chairman, Government of West Bengal, Pranisampad Bhawan, Block – LB-II, Salt Lake, Sector-III, Bidhannagar, Calcutta – 700106

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3. The Member Secretary of the

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State Level Environment Impact Assessment Authority, Department of Environment, Government of West Bengal, Pranisampad Bhawan, Block-LB-II, Salt Lake, Sector-III, Bidhannagar, Calcutta – 700106

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4. Principal Secretary, Department of Industries Commerce & Enterprise, Government of West Bengal, 4, Camac Street, Calcutta - 700016,

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5. The Chairman & Managing Director, West Bengal Mineral Development Trading Corporation, Having office at DJ-10, 3^rd Floor, Sector-II, Salt Lake, Kolkata – 700091

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6. The District Magistrate & Collectorate, Bankura

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Office at Administrative Building, Bankura Collectorate, Dist.: Bankura, Pin – 722101

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7. The Additional District Magistrate and District Land & Land Reforms Officer, Bankura Having its office at Administrative Building, Bankura Collectorate, Dist.: Bankura, Pin – 722101

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8. Yogendra Kumar Singh Son of Sachidanand Singh, Residing at Darbeshpur, Post – Jewrakhan Tala, City - Patna, Bihar Pin – 801503

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9. Satyanand Roy @ Satya Nand Ray @ Satyanand Rai, Son of Nirmal Ray,, Residing at Biscuit Factory More, Near Civil Court, Nasirganj, Danapur, City – Patna, Pin - 800012 …. Respondent(s)

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Date of hearing: 02.01.2025

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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) : Mrs. Tanuja Basak, Adv. a/w Mr. Dipankar Thakur, Adv.

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ORDER

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Heard Mrs. Tanuja Basak, assisted by Mr. Dipankar Thakur, learned Counsel appearing on behalf of the Applicant.

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Villagers of Jaykrishnapur, Lokkhipur and Gohogram represented by one Bimal Bhakta are seeking, inter alia, quashing of the Environmental Clearances (in Annexure-‘C’ and ‘D’) granted in favour of the Respondent Nos.8 and 9 for extraction of sand from the bank of river Damodar using heavy machineries causing ecological imbalance. Allegation of the Applicant is that the Respondent Nos.8 and 9 are carrying on illegal extraction of sand on the banks of the River Damodar in Plot No.6002(Part), J.L.

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No.70 over area 9.81 acres (3.97 hectares) and Plot No.6001(Part) in Mouza Gohogram, J.L. No.70, P.S. Galsi, District – Purba Bardhaman are 9.49 acres (3.84 hectares) respectively.

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We find that the Original Application challenging the Environmental Clearances is not maintainable, since the Environmental Clearance can be challenged only by way of Appeal in view of the provisions of Section 16(h) of the National Green Tribunal Act 2010. Section 16H of the N.G.T. Act reads as under :-

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“Section 16 – Any Person Aggrieved by –

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xxxxxxxxxx xxxxxxxxx xxxxxxxxx (h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of

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