Dismissed

Pintu Dutta v. Ministry of Environment Forest and Climate Change

NGT8 Jul 2025Original Application No. 38/2025

Case brief

AI extract

What is this about?

The NGT Eastern Zone Bench dismissed an Original Application alleging environmental harm by M/s Super Smelters Limited. The court relied on a Fact Finding Committee report showing no obstruction to river flow, no flooding, and regulatory compliance, deeming the application frivolous and awarding costs.

What did the court decide?

Original Application dismissed; Rs. 10,000 costs awarded against the applicant to be deposited with the State Legal Services Authority.

Pintu Dutta vs Ministry of Environment Forest and Climate Change — NGT (2025) — LawSathi Research

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Item No.03

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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.38/2025/EZ

Pintu Dutta

Applicant(s)

Versus

State of West Bengal & Ors.

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Respondent(s)

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Date of hearing: 08.07.2025

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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) : Mr. Sanjay Upadhyay, Sr. Advocate a/w

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Mr. Krishnendu Bera, Advocate and

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Mr. Mansi Bachani, Advocate (in Virtual Mode)

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For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-2, 3, 4, 5 & 6,

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State Respondents (in Virtual Mode),

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Mr. Sibojyoti Chakrabarti, Advocate for R-7 (in Virtual Mode), Mr. Debashis Saha, Advocate a/w Mr. Avirup Roy Sanyal, Advocate for R-9 (in Virtual Mode), Mr. Dipanjan Ghosh, Advocate for R-10 (in Virtual Mode), Ms. Sonal Sinha, Advocate a/w

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Mr. Agnish Basu, Advocate,

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Mr. Vipul Vedant, Advocate and

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Mr. Sandipan Das, Advocate for R-11

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ORDER

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Mr. Krishnendu Bera, learned Counsel and Ms. Mansi Bachani,

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learned Counsel led by Mr. Sanjay Upadhyay, learned Senior Counsel are present (in Virtual Mode) for the Applicant.

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Affidavit-in-Opposition dated 02.07.2025 has been filed on behalf of the Respondent No.11 to the O.A. No.38/2025/EZ; the same is taken on record.

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Affidavit-in-Opposition dated 07.07.2025 has been filed on behalf of the Respondent No.11 to the Interlocutory Application No.42/2025/EZ in O.A. No.38/2025/EZ; the same is taken on record.

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Ms. Sonal Sinha, learned Counsel assisted by Mr. Agnish Basu, Mr. Vipul Vedant and Mr. Sandipan Das, appearing on behalf of the Respondent No.11, M/s Super Smelters Limited, submit that in view of the report of the Fact Finding Committee, no allegations have been made out against the Respondent No.11. No action can be taken in pursuance of the Original Application and the Original Application must be dismissed.

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Ms. Sonal Sinha, learned Counsel appearing for Respondent No.11 submits that despite e-filing of the counter-affidavit of Respondent No.11, the same could not be filed due to technical glitches of the internet. She seeks to file the hard copy in the Court itself; the same is taken on record.

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(Final order of the said case will be uploaded in NGT website in separate sheets of paper).

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B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM

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July 08, 2025, Original Application No.38/2025/EZ OM

Item No.03

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.38/2025/EZ

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IN THE MATTER OF

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Pintu Dutta,
S/o Sitaram Dutta,
R/o Mondalpur, Jamuria,
Paschim Bardhman,
Pin - 713336

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……….Applicant(s) Versus

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Ministry of Environment, Forest and Climate Change,
Government of India
Through the Secretary,
Indira Paryavaran Bhawan, Jorbagh Road,
New Delhi – 110003.

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State of West Bengal,
Through the Chief Secretary,
Government of West Bengal,
Nabanna 325, Sarat Chatterjee Road,
Police Station – Shibpur,
Howrah – 711102.
3. The Additional Chief Secretary,
Environment Department,
Government of West Bengal,
“Prani Sampad Bhawan”, LB-II, Sector-III,
Salt Lake City,
Kolkata – 700106.
4. The Principal Secretary,
Irrigation and Waterways Department,
Government of West Bengal,
Jalasampad Bhawan, 1 st Floor, DF Block,
Sector-I, Bidhannagar,
Kolkata – 700091.

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The District Magistrate,
Office of the District Magistrate & Collector,
Paschim Bardhaman, 1 st floor,
ADDA Administrative Building,
Asansol, Kanyapur, P.O.-Ramkrishna Mission, Asansol,
District – Paschim Bardhaman,
Pin – 713305, West Bengal

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6. The Additional District Magistrate (Land Revenue) and District Land & Land Reforms Officer & Collector, Paschim Bardhaman, Office of A.D.M. D.L.&L.R.O. & Collector, Paschim Bardhaman, Pin – 713305.

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7. The Member Secretary, West Bengal Pollution Control Board, “Paribesh Bhawan”, 10A, Block-LA, Sector-III, Salt Lake City, Kolkata – 700106.

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8. The Municipal Commissioner, The Asansol Municipal Corporation, having office at Station Road, Paschim Bardhaman, West Bengal. Asansol – 713301

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9. Asansol Durgapur Development Authority, through its Chief Executive Officer, having office at 1st Administrative Building, City Centre, Durgapur, Pin: 713216.

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10. The Member Secretary,

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State Environment Impact Assessment Authority, (SEIAA), "Prani Sampad, LB-II, Sector-III, Salt Lake City, Kolkata – 700106.

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11. M/s Super Smelters Limited,

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through its Director, registered Office at Premlata, 2nd Floor, 39, Shakespeare Sarani, P.S. Shakespeare Sarani, Kolkata 700017, West Bengal and factory address: Jamuria Industrial Estate, Rajaramdanga, Aambagan, P.O. Ikra, P.S. Jamuria, District Bardhaman, West Bengal Pin code - 713362,

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12. M/s Shivam Dhatu Udyog Private Limited ,

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through its Director situated at Jamuria Industrial Estate, Mouza- Ikrah & Mondalpur, JL No- 37 & 38, P.O. Ikra, PIN-713362, P.S. Jamuria, District -Paschim Bardhaman, West Bengal.

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13. M/s Giridhan Metal Private Limited, through its Director, situated at Jamuria Industrial Estate, Vill. Ikra &Damodarpur, P.O. Nandi, P.S. Jamuria, Pin code: 713344, District Paschim Bardhaman, West Bengal.

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14. Renovo Metal Private Limited,

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through its Director, situated at J.L. No. 20, Vill. Damodarpur, Haripur Jamuria Road, P.O.. Nandi, Pin code: 713344, P.S. Jamuria, District - Paschim Bardhaman, West Bengal.

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[Respondent Nos.12, 13, 14 are deleted vide order dated 04.03.2025]

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………..Respondent(s)

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Date of hearing: 08.07.2025

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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) : Mr. Sanjay Upadhyay, Sr. Advocate a/w

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Mr. Krishnendu Bera, Advocate and

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Mr. Mansi Bachani, Advocate (in Virtual Mode)

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For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-2, 3, 4, 5 & 6, State Respondents (in Virtual Mode),

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Mr. Sibojyoti Chakrabarti, Advocate for R-7 (in Virtual Mode),

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Mr. Debashis Saha, Advocate a/w

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Mr. Avirup Roy Sanyal, Advocate for R-9 (in Virtual Mode),

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Mr. Dipanjan Ghosh, Advocate for R-10 (in Virtual Mode),

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Ms. Sonal Sinha, Advocate a/w

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Mr. Agnish Basu, Advocate,

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Mr. Vipul Vedant, Advocate and

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Mr. Sandipan Das, Advocate for R-11

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ORDER

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Mr. Krishnendu Bera, learned Counsel and Ms. Mansi Bachani,

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learned Counsel led by Mr. Sanjay Upadhyay, learned Senior Counsel are present (in Virtual Mode) for the Applicant.

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The present Original Application was filed by seven Applicants herein seeking the following reliefs:-

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i) Direct the Respondent authorities their men, agent, servant and associate, relating thereto to take immediate steps to stop and prevent the private respondents from causing hindrance to the free flow of river Sinharan and its tributary and without obtaining proper statutory licenses;

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ii) Direct the Respondent authorities to take immediate steps to restrain the private respondent numbers 11 to 14, from causing air and water pollution in the area of jamuria;

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iii) Direct the Respondent authorities to take immediate punitive action against the persons responsible for causing hindrance to the free flow of river Sinharan and its tributary and without obtaining proper statutory licenses;

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iv) Direct the Respondent authorities to transmit and

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produce the records of the case before the Hon’ble Tribunal so that conscionable justice may be administered;

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v) To direct the private respondents being respondent numbers 11 to 14, to pay litigation costs to the applicant;

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vi) Pass any other order as the Hon’ble Tribunal may deem fit and proper in facts and circumstances of the case.

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It was alleged that the private respondent no.11 is running a unit in the name and style M/s Super Smelter Limited of Jamuria Industrial area and has expanded their steel plant and the management of the respondent no.11 has purchased various classified land by a boundary with a permanent concrete structure of brick wall without any permission from the authority and they have encroached and permanently filled up a well and completely stopped the tributary of Sinharan River over Plot No.- 167 under Government Khatian, ROR classified as – Nala (tributary of Sinharan River), Mouza- Mondalpur, J.L. No. – 37, Block – Jamuria, District- Paschim Bardhaman.

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It was stated that the said river is no longer physically in existence which can be observed through satellite map.

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It was further alleged that the Respondent No.11 unit is carrying on its operations without any statutory compliance and have encroached Government vested various classified plots of land including water bodies as Plot Nos. 1651, 1667, 1669, 1670, 1671, 1675, 1678, 1680, 1681, 1683, 1687, 1700, 1711, 1719, 1720, 1724, 1736, 1737, 1752, 1753, 1758, 1759 & 1761 under Government Khatian, Mouza - Mandalpur, J.L. No.- 37, Block – Jamuria, District – Paschim Bardhaman.

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It was also stated that due to permanent stoppage of the natural drainage system there is huge quantum of water discharge in Jamuria and Asansol region during the rainy season and the Villages of Akhalpur, Damodarpur, Ikra and Jamuria, District - Paschim Bardhaman, are completely flooded.

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It was stated that the Respondent No.11 has obtained an Amendment in the existing EC (vide EC Identification) dated 16.12.2024 by surrendering project land of 40.72 Ha of the 3rd parcel land and requested for further units on the 2nd parcel by dropping certain units and adding some units.

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It was stated that the additional area for the expansion project is 14.99 Ha as the 4th parcel of land.

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It was stated that the EIA Report showing the Location Map as denoted on Page No. 140 shows Nala/Khal/Channel/Tributary of the Singharan River Mouza – Mandalpur, J.L. No.- 37, Jamuria Block of District Paschim Bardhaman as Plot No.- 1677 which has been encroached by the Respondent No.11.

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At the time of admission, this Tribunal constituted a Committee comprising of the following members:-

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i) Senior Scientist, West Bengal Pollution Control Board;

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ii) District Magistrate, District – Paschim Bardhaman or his representative not below the rank of Additional District Magistrate (ADM);

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iii) Representative of the Chief Executive Officer of the AsansolDurgapur Development Authority; and

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iv) Representative of the Municipal Commissioner of the Asansol Municipal Corporation.

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The Committee was directed to visit the site and file a Fact Finding Report.

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The Respondent No.5, District Magistrate, District – Paschim Burdwan has filed affidavit dated 28.03.2025 bringing on record the report of the Fact Finding Committee which reads as under:-

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“Report of the Fact Finding Committee in Compliance with the Hon'ble NGT Order dated 04.03.2025 in the matter of Pintu Dutta Versus the State of West Bengal & Ors. in OA No. 38/2025/EZ

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1. Background:

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The Original Application 38 of 2025 was registered at the Hon'ble NGT, Eastern Zone Bench, Kolkata based on the petition filed by Pintu Dutta on February 28, 2025. The complaint pertains to the alleged expansion of steel plant by the respondent no.11 in the name and style M/s Super Smelters' Limited at Jamuria Industrial area without any permission from the authority and alleged encroachment and permanently filling up a well and completely stoppage of the tributary of Sinharan River over Plot No.- 1677 under Government Khatian, ROR classified as Nala (tributary of

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Sinharan River), Mouza Mondalpur, J.L. No.37, Block-Jamuria, District- Paschim Bardhaman. It is also alleged that Respondent No.11 unit is carrying on its operations without any statutory compliance and have encroached Government vested various classified plots of land including water bodies as Plot Nos. 1651, 1667, 1669, 1670, 1671, 1675, 1678, 1680, 1681, 1683, 1687, 1700, 1711, 1719, 1720, 1724, 1736, 1737, 1752, 1753, 1758, 1759 & 1761 under Government Khatian, Mouza Mandalpur, J.L. No.- 37, Block Jamuria, District Paschim Bardhaman. It is also stated that due to permanent stoppage of the natural drainage system there is huge quantum of water discharge in Jamuria and Asansol region during the rainy season and the Villages of Akhalpur, Damodarpur, Ikra and Jamuria, District -Paschim Bardhaman, are completely flooded.

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The matter was subsequently heard before the Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata on 04.03.2025 and the Hon'ble Tribunal has been pleased to pass the solemn order as follows:

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“20. Considering the allegations made, we deem it appropriate to constitute a Committee comprising of the following Members

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i. Senior Scientist, West Bengal Pollution Control Board;

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ii. District Magistrate, District-Paschim Bardhaman or his representative not below the rank of Additional District Magistrate (ADM);

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iii. Representative of the Chief Executive Officer of the AsansolDurgapur Development Authority, and

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iv. Representative of the Municipal Commissioner of the Asansol Municipal Corporation.

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21. The Committee shall visit the site in question and thereafter submit a Fact Finding Report on affidavit unthin four weeks with regard to the allegations made in the Original Application.

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22. The District Magistrate, District-Paschim Bardhaman shall be the Nodal office for all logistic purposes and for filing the Fact finding Report on affidavit."

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2. Formation of the Fact Finding Committee:

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In compliance with the aforesaid solemn order dated 04.03.2025 passed by the Hon'ble NGT, a Fact Finding Committee has been constituted comprising of the following members.

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1)	Shri Aranya Banerjee, Additional District Magistrate and District Land & Land Reforms Officer	: Paschim Bardham	an
2)	Shri Sudip Bhattacharya,	: Asansol	Regional
	Environmental Engineer	Office, W Pollution Board	est Bengal Control
3)	Shri Arpan Chattopadhyay, T.P.	: Asansol- Developm Authority	Durgapur ent
4)	Shri Amitava Biswas, Executive Engineer	: Asansol Corporatio	Municipal n

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3. Site Visit:

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The Fact Finding Committee conducted site visit at the alleged area on 18th March, 2025. The following officials were present during the field visit:

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District Administration representatives:

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1. Shri Aranya Banerjee, ADM and DL&L.RO, Paschim Bardhaman

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2. Shri Sanjoy Kumar Biswas, Dy. DL&LRO, Paschim Bardhaman

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West Bengal Pollution Control Board (WBPCB) representative:

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1. Shri Sudip Bhattacharya, Environmental Engineer

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AsansolDurgapur Development Authority (ADDA) representative:

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1 Shri Arpan Chattopadhyay, T.P.

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Asansol Municipal Corporation (AMC) representative:

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1. Shri Amitava Biswas, Executive Engineer

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4. Observations of the Fact Finding Committee:

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In compliance with the Hon'ble NGT order dated 04.03.2025 in OA No.38/2025/EZ, the Committee conducted an inspection of the premises of M/s Super Smelters' Limited situated at Mandalpur under the jurisdiction of Jamuria Block in Paschim Bardhaman district.

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Major Observations

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1. A major drain/ Nala, was observed flowing through the premises of the unit M/s Super Smelters' Limited.

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2. During the inspection, no significant obstruction to the flow of the Nala was observed. The Nala was visited at multiple points to assess its overall flow, and no objectionable blockage was found.

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3. During inspection, it has been observed that, a well is still situated on plot no 1680 of mouza Mondalpur, J.L. No. 37.

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4. No flooding situation in the area in question since last five to eight years has been reported by AMC. The drainage system of the local municipality (AMC) is completely in smooth run and some new proposals of drainage have also been taken up.

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5. As per land use and the development control plan (LUDCP), the major portion of the units of the M/s Super Smelters' Limited of Jamuria Industrial area is over the light and service industrial zone.

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6. Plot numbers 1651(p), 1669, 1670, 1671, 1675, 1678, 1680, 1681, 1687, 1700, 1711, 1712, 1719(p), 1720, 1648, 1724(p), 1752(p), 1753(p), 1754(p), 1761(p), 1762 and 1763(P) are the lands where a long-term settlement was granted to ADDA for a tenure of 30 years vide sanction order no. 3300/GE(M)/2L-45/04 dated 22.09.2005 of the Joint Secretary, Land & Land Reforms Department, Government of West Bengal and possession of those plots has been handed over to ADDA on 18th April 2006 vide memo no-149/BLRO/JAM/06 dated 18/04/2006 Furthermore, it has been verified that ADDA approved the allotment proposal of 10.63 acres of vested land at Mouza-Mandalpur, JL. no-37 to M/s Super Smelters Limited on 04/09/2009 vide letter noADDA/ASN/554/I(I)/VII/JI/6/Additionally, ADDA has granted development permission for the integrated steel plant and gas plant over an area of 99.67 acres at Mouza-Mandalpur, JL no-37.

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Furthermore, considerable payment has been made by M/s Super Smelters Limited for development charges/land premiums; therefore, the allotment process of these 10.63 acres of land is under consideration by ADDA.

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7. It has been found that M/s. Super Smelters Limited has encroached some Government vested plots being plot nos. 1667, 1683, 1758, 1680 and 1711 of mouza Mondalpur. The said company has applied for Long Term Settlement (LTS) of those plots before the Department of Land & Land Reforms and Refugee Relief and Rehabilitation and its prayer for LTS in under consideration.

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8. M/s. Super Smelters' Limited, is a large-scale integrated steel plant located in Jamuria. The plant currently operates the following units:

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Seven (07) DRI Kilns (2 x 100 TPD, 4 x 300 TPD, 1 x 200 TPD) for producing Sponge Iron (492,016 MT/Annum)

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Two (02) 9 MVA SEAF furnaces for producing Silico Manganese/Ferro Manganese (30,000 MT/Annum)

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Two (02) Pellet Plants (0.8 MTPA and 0.4 MTPA) for producing Pellets (1,200,200 MT/Annum)

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Eight (08) Induction Furnaces (03 x 15 MT/Heat 04 x 25 MT/Heat+ 01 x 20 MT/Heat) with associated Rolling Mills for producing Steel Flat & Rebar (240,000 MT/Annum) and various steel products, including Angle, Channel, Joist, Flat, Square, Round, and Hexa Round (72,000 MT/Annum)

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A Captive Power Plant with a total capacity of 109 MW (01 AFBC of 35 TPH and 02 CFBC of 110 ΤΡΗ & 140 ΤΡΗ)

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All the above-mentioned emission sources are equipped with appropriate Air Pollution Control Devices. No significant emissions were observed on the day of the inspection. The unit is also regularly monitored by the regional office of the West Bengal Pollution Control Board. The two most recent inspections, conducted on 19.11.2024 and 09.04.2024, did not record any significant non-compliance. The most recent emission monitoring was conducted on 29.05.2024, with all results remaining within permissible limits.

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5. Recommendations of the Fact Finding Committee:

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1. The unit M/s. Super Smelters' Limited should continue to take proactive measures to maintain the nallah in its original course. It should also periodically clean and restore the nallah, particularly in the section that flows through and across the unit's premises.

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2 No activity in any manner on the encroached lands should be conducted by the unit until and unless it obtains sanction of long term settlement by the appropriate authority.”

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From perusal of the Inspection Report, we find that the allegations made in the Original Application have not been substantiated at all.

¶157

Similar submission has been advanced by Mr. Debashis Saha, learned Counsel assisted by Mr. Avirup Roy Sanyal, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.9, Asansol Durgapur Development Authority.

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Mr. Krishnendu Bera, learned Counsel for the Applicant submits that in view of the report of the Fact Finding Committee, the allegations made against the Respondent No.11 are not substantiated and therefore he may be permitted to withdraw the Original Application.

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However, we cannot permit the withdrawal of the Original Application at this stage after the parties have contested the matter.

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We have perused the documents on record and we find that the allegations made in the Original Application against the Respondent No.11 are not substantiated at all and the Original Application has been filed in a most irresponsible manner without verifying the factual situation.

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In this view of the matter, we dismiss this Original Application with cost of Rs. 10,000/- (Rupees Ten Thousand Only) against the Applicant which shall be deposited by the Applicant with the State

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Legal Services Authority, West Bengal within one month hereof failing which the same shall be recovered from the Applicant by the District Magistrate, Paschim Bardhaman in accordance with law and deposited with the State Legal Services Authority, West Bengal within a week thereafter.

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A copy of this order shall be forwarded by the Office of the Tribunal to the District Magistrate, Paschim Bardhaman for information and action.

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I.As., if any, stand disposed of accordingly.
.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
July 08, 2025,
Original Application No.38/2025/EZ
OM

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Pintu Dutta v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Pintu Dutta v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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