Babul Ali vs State of West Bengal

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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.57/2025/EZ

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Babul Ali Applicant(s)

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Versus

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State of West Bengal & Ors. Respondent(s) Date of hearing: 09.07.2025 Date of uploading: 14.07.2025 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) : None

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For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1, 2 & 5 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-3

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ORDER

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Case called out. No one is present on behalf of the Applicant although the Applicant was present (in Virtual Mode) on 07.04.2025.

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Affidavit dated 02.07.2025 has been filed on behalf of the Respondent No.3, West Bengal Pollution Control Board ; the same is taken on record. Mr. Sibojyoti Chakarbarti, learned Counsel appearing for the Respondent No.3, informs that copy of the affidavit has already been served upon the Applicant on his email address [email protected] which was given in his letter petition.

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The Applicant has filed submissions vide email dated 09.07.2025 with reference to the Inspection Report of inspection carried out on 12.06.2025.

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Heard Mr. Sudip Kumar Dutta, learned Counsel appearing (in Virtual Mode) for the State Respondents, Government of West Bengal and Mr. Sibojyoti Chakrabarti, learned Counsel for the Respondent No.3, West Bengal Pollution Control Board.

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

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM July 09, 2025, Original Application No.57/2025/EZ SKB

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Court No.1

Item No.06

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.57/2025/EZ

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In the matter of:

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Babul Ali

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Village – Baburhat, Booth Part No.142, Kharimala Khagrabari Mouza, P.S. – Kotwali, P.O. – Nilkuthi, District – Cooch Behar, West Bengal - 736156

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.... Applicant(s)

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Versus

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1. Department of Environment, Government of West Bengal, through the Principal Secretary

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2. District Magistrate & Collector Cooch Behar, West Bengal

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3. West Bengal Pollution Control Board, Through its Member Secretary

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4. Cooch Behar Municipality, through Municipal Commissioner Maharaj Dipendra Narayan Road, Cooch Behar, Cooch Behar - 736101

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5. Gram Pradhan, Guriahati-I Gram Panchayat Cooch Behar, West Bengal

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.... Respondent(s)

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Date of hearing: 09.07.2025 Date of uploading: 14.07.2025 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) : None

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For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1, 2 & 5 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-3

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ORDER

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The present Original Application has been registered on the basis of

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a letter petition dated 06.02.2025 sent by post to the Office of the

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National Green Tribunal, Eastern Zone Bench, Kolkata by the Applicant, Sh. Babul Ali (social activist) on behalf of other victimized and affected neighbours, resident of Jilipir Tol, adjacent with Mora Torsha River, Village- Baburhat Booth Part No.142, Kharimala Khagrabari Mauza, PS- Kotwali, PO- Nilkuthi, DistCoochbehar, West Bengal – 736156.

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The allegation in the letter petition is that a “Solid Waste Management Project” has been established in a thickly and densely populated area of Baburhat, Kharimala Khagrabari Mouza, Near Ramkrishna Pally, adjacent to the boundary wall of Kendriya Vidyalaya Cooch Behar, Katagach Tola (Jilipir Tol), Booth Part no. 142 under Guriahati – I Gram Panchayat under Cooch Behar – I Block, P.S. Kotwali, P.O. Nilkuthi, District – Cooch Behar, West Bengal, Pin- 736156.

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It is alleged that the said “Solid Waste Management Project” had been set up on the plot of land being Dag numbers 737, 738, 739 etc. illegally and it is prayed that the same may be closed down since the villagers residing in the vicinity are suffering severely from the poisonous bad odour, pollution and several diseases like Diarrhea, Dengue fever etc., besides that, infant babies and old aged persons are also suffering from the above noted diseases caused by virus or poison which are germinating and spreading through the houseflies and dreadful mosquitoes from above noted dumping ground.

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It is alleged that JCB excavator has been used to dig a huge garbage pit in which poisonous garbage items and debris, molasses etc. are being dumped. The letter petition dated 06.02.2025 reads as under:-

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“Hon’ble Sir,

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With due respect, I on the behalf of affected and victimized neighbours of above noted dumping ground do hereby state as follows:-

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1. That Hon’ble Sir, we beg to inform you that the above noted Dumping ground which have been newly, illegally, intentionally and forcefully installed in a thickly populated area and over flood affected area of above noted location which is mentioned in the subject to this petition. It should be installed at zero populated area/desolate area.

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2. That Hon’ble Sir, the BL & LRO of Cooch Behar – I Block, Dhaluabari, P.O. Ghugumari, District – Cooch Behar, West Bengal, Pin – 736170 which has been intentionally, illegally and forcefully selected and illegally allotted the plot of land for installation of above noted dumping ground in the name of Solid Waste Management Project which is covered by the Dag numbers are 737, 738, 739 etc under Kharimala Khagrabari Mouza, Near Ramkrishna Pally, adjacent with boundary wall of Kendriya Vidyalaya Cooch Behar, Katagach Tola, Booth Part No. 142 under Guriahati – I Gram Panchayat under Cooch Behar – I Block, P.S. Kotwali, P.O. Nilkuthi, District – Cooch Behar, Pin – 736156 which has done without any consent from 1.) nearest of the nearest neighbours, 2.) the Chairman of Kendriya Vidyalaya Management Committee, Baburhat, Cooch Behar and 3.) Principal/members of Kendriya Vidyalaya Cooch Behar for above noted project.

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3. That Hon’ble Sir, when earth-filling works was just going on in the name of above noted “Solid Waste Management Project”, then our well wishers namely Sankar Das, S/o Late Naren Das had filed an Objection Petition cum Mass Petition on dated 24.11.2023 to the District Magistrate, Cooch Behar, P.O. & District – Cooch Behar, West Bengal, Pin – 736101 and other higher authority/authorities for closing of the above noted “Solid

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Waste Management Project”. (Photo copy of Petition dated 24.11.2023 which is enclosed herewith at enclosure no. 2 of 1 to 2 of 5 for your ready reference for verifying).

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4. That Hon’ble Sir, not only that, TMC’s Party’s Present Booth President namely Arindam Mohanta (Baban) of Booth Part no. 142 under Guriahati – I Gram Panchayat who had also shown referred a zero populated area/sparsely populated area to Pradhan of Guriahati – I Gram Panchayat, Pilkhana, P.O. Nilkuthi, District – Cooch Behar, Pin – 736156 for installation of the above noted project but the Pradhan of Guriahati – I Gram Panchayat did not gave any importance to the above noted Booth President’s voice/advice.

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5. That Hon’ble Sir, after submission of above noted Objection Petition cum Mass Petition on dated 24.11.2023, the officials of Guriahati – I Gram Panchayat, Pilkhana, P.O. Nilkuthi, District – Cooch Behar, Pin – 736156 and officials of BL & LRO, Cooch Behar – I Block, Dhaluabari, P.O. Ghughumari, Dist – Cooch Behar, Pin – 736170 who were given false assurance to the nearest of the nearest neighbours of above noted project that “Project of Vermi Compost Manure will be installed in the aforesaid place and the manure will be made from water Hyacinth and other biodegradable materials” and then the officials of Guriahati – I Gram Panchayat, Pilkhana, P.O. Nilkuthi, DistrictCooch Behar, Pin- 736156 had intentionally, illegally and forcefully started constructions for dumping ground just in the name of Solid Waste Management Project.

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6. That Hon’ble Sir, in this regard, some govt. Officials and some political leaders had conjointly plundered from govt. funds by intentionally installing of the above noted project in highly sensitive/thickly populated area of Baburhat, P.O.- Nilkuthi, Dist – Cooch Behar, Pin736156. Not only that, they were not maintained of any govt. rules and regulations/procedure of land Act. And above noted project’s rules and schedules for installing of the above noted project. In this regard, some political

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leaders and some govt. officials were involved with malpractices and corruption on above noted project.

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7. That Hon’ble Sir, in this regard, we have filed a Mass Petition cum Allegation Petition to the District Magistrate Cooch Behar on dated 13.11.2024 and to the Pradhan of Guriahati – I Gram Panchayat and other higher Authority/Authorities on dated 07.11.2024 (Photo copy of the Mass Petition cum Allegation Petition) is enclosed herewith at enclosure no.3 of 1 to 3 of 7 for you ready reference for verifying) for closing of the poisonous garbage items, poisonous debris items, other molasses items etc. which are being dumping, depositing and storing in the above noted dumping ground which was illegally and forcefully installed in the name of “Solid Waste Management Project” and for closing/stopping from direct throwing of poisonous garbage items, poisonous debris items, other molasses items etc. from Baburhat Bazar to Mora Torsa River under Mora Torsa River Bridge, Assam Access Tufanganj Road, Baburhat, P.S. Kotwali, P.O. Nilkuthi, District – Cooch Behar, Pin – 736156. As a result, some portion of Mora Torsha River is highly polluted.

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8. That Hon’ble Sir, accordingly, the National Human Rights Commission, INA, New Delhi – 110023 has issued an order vide case no. 3128/25/6/2024 which has disposed with direction the District Magistrate, Cooch Behar, P.O. & District- Cooch Behar, West Bengal, Pin736101 for closing and clearing of the above noted Dumping Ground in accordance with our complaint petition dated 07.11.2024 (Photo copy of the order of NHRC, INA, New Delhi which is enclosed herewith at enclosure no. 1 for your ready reference for verifying) but till now the above noted District Magistrate has not issued any order/directions to the above noted Pradhan of Guriahati – I Gram Panchayat for clearing and closing of the above noted dumping ground.

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9. That Hon’ble Sir, in this regard, again we have sent grievance cum allegation petition to the District

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Magistrate, Cooch Behar and other higher authority on dated 20.12.2024 but till now, the competent authority/authorities have not taken any action for closing of the above noted dumping ground and clearing of the stored poisonous garbage item, poisonous debris and poisonous molasses items etc. from the above noted dumping ground. (Photo copy of our grievance cum allegation petition dated 20.12.2024 is enclosed herewith at enclosure no. 4 of 1 to 4 of 4 for your ready reference for verifying). Not only that, the above noted Pradhan of Guriahati – I Gram Panchayat has been giving order to the labours of above noted dumping ground for depositing, storing and dumping of poisonous garbage items, poisonous debris and poisonous molasses items etc. at the aforesaid place.

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10. That Hon’ble Sir, not only that, the Pradhan of Guriahati – I Gram Panchayat has been threatening to us, creating violence and trying to file false case against the complainant and nearest of the nearest neighbours who are raising voice against the above noted dumping ground where poisonous garbage items, poisonous debris and poisonous molasses items etc. are being stored for about 6 (six) months. As a result for which of that, poisonous houseflies, dreadful mosquitoes, poisonous bad odour etc. are being producing from the production centre of diseases. (above noted dumping ground).

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11. That Hon’ble Sir, not only that, students, teachers and other staffs of Kendriya Vidyalaya Cooch Behar who are also have been severely affecting and getting harassment from virus or spreading / germinating by houseflies which are increasing day by day from the production centre of houseflies (dumping ground).

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12. That Hon’ble Sir, recently in the plot of the above noted dumping ground, a large garbage pit has been dug by a JCB excavator and then it is filled with the stored poisonous garbage items, poisonous debris, molasses items etc. All of which has been done on the order of the

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above noted Pradhan of Guriahati – I Gram Panchayat which is totally illegal.

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13. That Hon’ble Sir, proper investigation is urgent required against the culprit/culprits who were involved in illegal activities such as unlawful allotment of the land for above noted dumping ground and who were involved in corruption on the above noted dumping ground which was intentionally, illegally and forcefully installed.

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Under the above facts and circumstances, we fervently request your honour to be kind enough to do the needful action forthwith for issuing a strong direction/order to the Block Development Officer, Cooch Behar – I Block, Dhaluabari, P.O. Ghughumari, District- Cooch Behar, Pin- 736170 for:

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i. closing of the dumping ground which was unlawfully, forcefully and corruptly installed in the name of “Solid Waste Management Project” at the thickly or densely populated area.

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ii. doing proper investigation/high enquiry against the BL & LRO of Cooch Behar – I Block, Dhaluabari, P.O. Ghughumari, DistrictCooch Behar, Pin- 736170 who have illegally selected and allotted a plot of flood affected land at thickly/densely populated areas of above noted dumping ground which was done without taking consent from nearest of the nearest neighbours.

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iii. closing of the govt. fund which is sanctioned in the name of “Solid Waste Management Project” which is being used as dumping ground in above noted thickly / densely populated area and highly flood affected area of Baburhat.

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for above the same and thus oblige.

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We are waiting for your earliest response.

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Encl. As Stated.

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Yours

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faithfully,

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BABUL ALI (Social Activist), on behalf of other

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Victimized and affected Neighbours,

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Jilipir Tol, Adjacent with Mora Torsha River, Village – Baburhat, Booth Part no. 142, Kharimala Khagrabari Mouza, P.S- Kotwali, P.O- Nilkuthi, District- Cooch Behar, West Bengal,

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Pin – 736156.

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Phone no.: 7586094572.

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Email: [email protected]

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

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i. Department of Environment, Government of West Bengal, through the Principal Secretary;

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ii. District Magistrate & Collector, District- Cooch Behar, West Bengal;

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iii. West Bengal Pollution Control Board, through its Member Secretary;

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iv. Cooch Behar Municipality, through its Municipal Commissioner; and

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v. Gram Pradhan, Guriahati-I Gram Panchayat, Cooch Behar, West Bengal.

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The Committee was directed to visit the site in question and submit its Report.

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The Respondent No.3, West Bengal Pollution Control Board, has filed affidavit dated 02.07.2025. Along with this affidavit, a Joint Inspection

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Report of an inspection carried out on 12.06.2025 has been filed. The Inspection Report reads as under:-

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“Report of the joint committee constituted by the Hon’ble National Green Tribunal in terms of Order dated 07.04.2025 passed in connection with Original Application No.57/2025/EZ regarding allegation for generation of poisonous bad odour, pollution and several diseases from a solid waste management project at Mouza-Kharimala Khagrabari, P.S.-Kotwali, P.O.-Nilkuthi, Coochbehar, West Bengal-736156

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By the order dated 07.04.2025 passed in connection with Original Application No. 57/2025/EZ, the Hon’ble NGT constituted a joint committee comprising District Magistrate & Collector, Coochbehar; Coochbehar Municipality and West Bengal Pollution Control Board. The following officials represent their respective organizations:

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*Sl. #*	*Name of the organization*	*Nam*	e	*and*
		*Des*	*ignation*	of
		*Com*	*mittee*	*members*
1.	DM, Coochbehar	Sri ADM	Soumen -ZP, Coo	Dutta, chbehar
2.	Coochbehar Municipality	Sri	Ruden	Tshering
		Lam	a,	EO,
		Coo Mun	chbehar icipality
3.		Dr.	Prasun	Kumar
		Mon	dal,	Assistant
	West Bengal Pollution	Env	ironment	Engineer
	Control Board	&	I/C,	Siliguri
		Reg	ional	Office,
		WB	PCB
3.	West Bengal Pollution	Dr.	Prasun	Kumar
	Control Board	Mon Env	dal, ironment	Assistant Engineer
		&	I/C,	Siliguri
		Reg	ional	Office,
		WB	PCB

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The joint committee carried out an inspection on 12.06.2025 at the site of solid waste management project located at MonzaKharimala Khagrabari, P.S.Kotwali, P.O.Nilkuthi, Coochbehar, West Bengal- 736156 (under Coochbehar- I Block) under Swachh Bharat Mission (Grameen) Phase- II.

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The area demarcated for the said project is about 667.136 sq. m. The site is managed and maintained by Guriyahati-I Gram Panchyet. The three sides of the premises are bounded by GI wire net and remaining one side shares a common boundary with the Kendriya Vidyalaya, Coochbehar. Adjacent to the site, there is water logged low lying area filled with shrubs. Out of the said total area, 98 sq. m. is used for processing of mixed domestic solid waste built under GI-tin shed at the back side of the premises. The applicant, Sh. Babul Ali resides at a distance of about 200 m. in front of the unit's processing site. There are about ten nos. local households at a distance of about 150 to 200m.

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There are four numbers concrete made bin for temporary storage of mixed domestic solid waste (including bio-degradable organic waste and non bio-degradable inert waste- plastic). Mixed domestic solid waste after collection is sent to this facility through four numbers covered e-cart van by Guriyahati-1 Gram Panchyet. This project will cover for collection of domestic solid waste from 8023 nos. of house hold within the jurisdiction of Guriyahati-I GP. At present, domestic solid waste is collected from 50% of the total house hold and non-biodegradable inert waste-plastic is collected from some educational institutes within the same GP. This processing site is at initial stage. As known from the management authority at the time of inspection, firstly, the mixed domestic solid waste is segregated into biodegradable organic waste and non bio-degadable inert wasteplastic. Then bio-degradable organic waste is kept into six numbers concrete made bin and then covered with water hyacinth. After some time interval, water sprinkling is done over it. This bio-degradable organic waste becomes organic manure and finally handed over to local farmers. Non bio-degradable inert waste-plastic is sent to near by plastic waste management unit at Chakchaka, under Coochbehar-II Block for further processing for production of plastic shreds to use in bitumen road construction.

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During inspection, dumping of recently collected un-segregated solid waste into concrete made bins and processing of biodegradable organic solid waste to manure into concrete made bins were observed. No liquid waste/ lichgate was observed to generate from the processing area.

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To control insect population, bad odour and diseases, bleaching power and phenyl were used around the entire periphery of the site by the authority as reported at the time of inspection.

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During inspection, no bad order as well as flying of insects/ mosquito was observe at the site.

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This processing site does not fall within the jurisdiction of Coochbehar Municipality or no solid waste of said municipality comes to the said site.

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Some photographs taken during joint inspection, is enclosed herewith.

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As above mentioned processing facility of Guriyahati-I Gram Panchayat under Coochbehar-I Block is not a Sanitary Land Fill site, there is no stringent restriction regarding its locational criteria.”

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The Applicant has alleged that the Inspection Report dated 12.06.2025 is completely false and is not genuine. The contention of the Applicant is that the garbage, debris and other molasses are being stored within just 50 meters away from the boundary of the complainant’s plot of land including other households. He has also alleged that sprinkling of bleaching powder was carried out only as a one-time event and that to after filing of the present compliant-Original Application. However, he has also stated that during inspection the inspecting team did not find any bad odour or poisonous harmful insects at the site since the dumping ground in question has been closed more than two months and the garbage and other debris were removed one month before the date of inspection.

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A perusal of the Inspection Report clearly establishes that the site of the solid waste management project located at Mouza-Kharimala Khagrabari, Coochbehar, West Bengal, is being managed and maintained by Guriyahati-I Gram Panchayat; the area demarcated for the project is 667.136 sq. m. There is a clear finding that three sides of the premises are bounded by GI wire net, and the remaining one side shares a common boundary wall with the Kendriya Vidyalaya, Coochbehar.

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The Inspection Report also mentions that this processing site is at an initial stage which shows that the Kendriya Vidyalaya was in existence prior to the solid waste management project being established at the site in question. The Report further mentions that adjacent to the site, there is a waterlogged low-lying area filled with shrubs and out of this total area, 98 sq. m. is used for processing of mixed domestic solid waste built under GI-tin shed at the back of the premises; the residence of the Applicant, Sh. Babul Ali, is at a distance of about 200 m. in front of the Unit’s processing site, and there are about 10 local households at a distance of about 150–200 m.

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The Inspection Report mentions that there are concrete bins for temporary storage of mixed domestic solid waste (including biodegradable

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organic waste and non-biodegradable inert waste plastic); the mixed domestic solid waste after collection is sent to this facility through four covered e-cart by the Guriyahati-I Gram Panchayat; the Project covers for the collection of domestic solid waste from 8023 households within the jurisdiction of the Guriyahati-I Gram Panchayat; at present, the domestic solid waste is collected from 50% of the total households, and nonbiodegradable inert waste- plastic is collected from some educational institutions within the same Gram Panchayat.

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The Inspection Committee noted that the management authority of the Project informed that mixed domestic solid waste is segregated into biodegradable organic waste and non-biodegradable inert waste- plastic; the biodegradable organic waste is kept in six concrete bins and then covered with water hyacinth, and after some interval, water is sprinkled over it. It is stated that this biodegradable organic waste becomes organic manure and thereafter, handed over to the local farmers.

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So far as non-biodegradable inert waste-plastic is concerned, it is stated that the same is sent to the nearby Plastic Waste Management Unit at Chakehaka under Coochbehar-II Block for further processing for production of plastic shreds to be used in bitumen road construction.

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During inspection, the Committee noted that dumping of recently collected un-segregated solid waste into the concrete bins and processing of biodegradable organic solid waste to manure into concrete bins was observed; no liquid waste/lichgate was observed from the processing area. The Committee also noted that to control insect population, bad odour and diseases, bleaching powder and phenyl were used around the entire periphery of the site by the concerned authority; during inspection, no bad odour or flying insects/mosquitos were observed at the site. It is mentioned that the processing facility of Guriyahati-I Gram Panchayat under Coochbehar-I Block is not a sanitary land fill site and there is no stringent restriction regarding its locational criteria.

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From the Inspection Report, we find that steps have been taken for segregation of the solid waste and biodegradable waste is being converted into compost and resupplied to the locals, and non-degradable inert waste – plastic was being sent to the Plastic Waste Management Unit for further processing for production of shreds to be used in bitumen road construction.

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From perusal of the photographs which have been filed with the Inspection Report of the processing unit in question, it is evident that facility is very close and adjacent to the Kendriya Vidyalaya. We, therefore, direct the Guriyahati-I Gram Panchayat to find an alternative location in accordance with environmental norms within a year. The District Administration should help the Panchayat in getting alternative site suitable solid waste processing facility.

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We, however, dispose of this Original Application with a direction to the West Bengal Pollution Control Board to carry six monthly inspection of the site in question to ensure that the Solid Waste Management Project and Processing Unit operates in strict compliance with the Solid Waste Management Rules, 2016, and complies with environmental norms and that no bad odour or stench is allowed to emanate from the site, and if environmental violations are found, prompt action shall be taken by the West Bengal Pollution Control Board against the Gram Panchayat.

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I.A.s 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

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

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July 09, 2025, Original Application No.57/2025/EZ MN

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Babul Ali v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Babul Ali v. State of West Bengal

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

Case details

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