Dismissed

Subhas Dutta v. State of West Bengal (Notice through the Chief Secretary)

NGT4 Mar 2025Original Application No. 33/2025

Case brief

AI extract

What is this about?

National Green Tribunal Kolkata dismissed an Original Application alleging indiscriminate environmental violations by ceremonial houses due to lack of specific allegations against individual establishments, citing inability to adjudicate on vague and abstract facts.

What did the court decide?

Dismissed with liberty to file fresh Original Applications against specific establishments regarding specific environmental violations.

Subhas Dutta vs State of West Bengal (Notice through the… — Environment and Pollution | 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.33/2025/EZ

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IN THE MATTER OF

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Subhas Datta, Son of Late Baneswar Datta, 25/1, Guitendal Lane, P.O.+P.S.+District-Howrah Pin code – 711101, West Bengal

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……….Applicant(s)

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Versus

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1. State of West Bengal, Through the Chief Secretary, Nabanna, 325, Sarat Chatterjee Road, Shibpur, Howrah - 711102

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2. Urban Development and Municipal Affairs Department, Through the Principal Secretary, Govt. of West Bengal, Nagarayan, DF-8, Sec-I, Salt Lake City, Kolkata - 700064

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3. Department of Environment, Govt. of West Bengal, Through the Principal Secretary, Environment Department, 5^th Floor, Pranisampad Bhawan, Block LB-II, Salt Lake, Sec-III, Bidhannagar, Kolkata-700 016

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4. West Bengal Pollution Control Board, Through the Member Secretary, Paribesh Bhawan, 10A Block L.A., Sec-III, Salt Lake, Bidhannagar, Kolkata-700016

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5. The Director General of Police, West Bengal, Bhabani Bhavan, 31, Belvedere Road, Calcutta-700027 ………..Respondent(s)

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Date of hearing: 04.03.2025 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. Subhas Datta, in person (in Virtual Mode)

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ORDER

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Heard Mr. Subhas Datta, the Applicant, appearing in person (in Virtual Mode).

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The present Original Application has been filed by the Applicant appearing in person (in Virtual Mode) alleging that rampant and mushroom establishments of Ceremonial Houses/Lawns, Banquet Halls, Club Houses etc. have become a major source of severe environmental and social disorders throughout the State of West Bengal; the total number of such establishments are not known but it is estimated that the same will be more than two lakhs; major cities, towns and urban areas are badly affected by the operation of such units in the most congested parts of the human habitations of the State.

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It is stated that the West Bengal Pollution Control Board had issued a CIRCULAR in October, 2021 vide Memo No. 314/383L/WPB/2017 dated 5^th October, 2021 by which the Ceremonial Houses/Lawns, Banquet Halls, Club Houses etc. had been brought “Under the regulatory regime of the Board”.

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It is stated that the CIRCULAR had detailed the category of such establishments as per their area/capacity and compliance requirements and enforcement authorities.

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It is stated that subsequently in supercession of the above said circular, a further CIRCULAR has been issued by the State Pollution Control Board, vide Memo No. 23-4A-10/2012 dated 10^th April, 2023 by which the Ceremonial Houses/Lawns, Banquet Halls and Club Houses in the State will henceforth be required to obtain Consent to Establish/Consent to Operate from the State Board under section 25 & 26 of the Water (Prevention and Control of Pollution) Act,

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1974 and under section 21 of Air (Prevention and Control of Pollution) Act, 1981 for its establishment/operation and shall follow Guidelines of the Board as given in the Annexure.

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In paragraph no.16 of the Original Application it is alleged that there is hardly any compliances of any environmental norms by the Ceremonial Houses/Lawns, Banquet Halls and Club Houses in the State; the controlling as well as the enforcement authorities are inactive on this aspect; such inaction has caused environmental and other social disorders in the society.

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On going through the said Original Application we find that the applicant has not come out with any specific allegation against any Ceremonial Houses/Lawns, Banquet Halls and Club Houses in the State.

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Based on the allegations made by the Applicant that hardly any compliance of environmental norms are being carried out by these Ceremonial Houses/Lawns, Banquet Halls and Club Houses, etc. and that the controlling as well as the enforcement authorities are inactive in this matter, it is not possible for this Tribunal to adjudicate the case on vague and abstract facts nor is it possible for the Tribunal to ensure enforcement of its orders in an effective way to serve the interest of environment.

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Specific cases of violations need to be spelt out by the Applicant with regard to individual Ceremonial Houses/Lawns, Banquet Halls and Club Houses, etc.

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We, therefore, dismiss this Original Application with liberty to the Applicant to file fresh Original Application against individual Ceremonial House/Lawn, Banquet Hall and Club House, etc. in respect of specific environmental violations.

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I.As., if any, stand disposed of accordingly.

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There shall be no order as to costs.

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.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
March 04, 2025,
Original Application No.33/2025/EZ
OM

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Subhas Dutta v. State of West Bengal (Notice through the Chief Secretary)

Case brief

What is this about?

What did the court decide?

Subhas Dutta v. State of West Bengal (Notice through the Chief Secretary)

Case brief

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What did the court decide?

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