Dismissed

Subhash Datta v. Ministry of Environment Forests Climant Change Service through Joint Secretary

NGT8 Jan 2025Original Application No. 65/2024

Case brief

AI extract

What is this about?

Applicant alleged environmental degradation at the AJC Bose Indian Botanical Garden due to plant conversion, lake disconnection, and construction. Tribunal reviewed an inspection report and affidavits, finding allegations substantiated by management responses and judicial dismissal.

What did the court decide?

None granted; original application dismissed.

Subhash Datta vs Ministry of Environment Forests Climant Change… — Landlord and Tenant | NGT (2025)

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Item No.11

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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.65/2024/EZ

Subhas Datta

Applicant(s)

Versus

Ministry of Environment, Forests & Climate Change

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Respondent(s)

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Date of hearing: 08.01.2025 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

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For Respondent(s) : Mr. Dibyendra Narayan Ray, Adv. (in Virtual Mode) a/w Mr. Sourav Haldar, Adv. for R-1, 3 & 4, (in Virtual Mode) Mr. Rajib Ray, Adv. for R-2&5, (in Virtual Mode) Mr. Sibojyoti Chakraborty, Advocate for R-6,

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ORDER

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Heard Mr. Subhas Datta, the Applicant, appearing in person, as well as Mr. Dibyendra Narayan Ray, learned Counsel appearing (in Virtual Mode) assisted by Mr. Sourav Haldar, learned Counsel (in Virtual Mode) for the Respondent Nos.1,3&4, Ministry of Environment, Forest & Climate Change, Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for Respondent Nos.2&5, State Respondents, Government of West Bengal, and Mr. Sibojyoti Chakraborty, learned Counsel appearing for Respondent No.6, West Bengal Pollution Control Board.

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( Final order of this case will be uploaded in the NGT website 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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January 08, 2025, Original Application No.65/2024/EZ AK

Court No.1

Item No.11

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.65/2024/EZ

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IN THE MATTER OF :

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Subhas Datta,

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S/o Late Baneswar Datta, 25/1, Guitendal Lane, P.O. + P.S. + District-Howrah, Pin – 711101,

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....Applicant(s)

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Versus

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1. Ministry of Environment, Forest and Climate Change,

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Notice through the Joint Secretary, Government of India,

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2^nd Floor, Agni Block, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi, Pin – 110003,

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2. State of West Bengal,

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(Notice through the Chief Secretary), Government of West Bengal, Nabanna, 325, Sarat Chatterjee Road, Shibpur, Howrah, Pin – 711102,

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3. Botanical Survey of India,

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(Notice through the Director), CGO Complex, 3^rd MSO Building, 5^th /6^th Floor DF Block, Sector-I, Calcutta – 700064,

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4. AJC Bose Indian Botanical Garden,

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(Notice through the Head of the Office & Scientist-in-Charge), Botanical Survey of India, Shibpur, Howrah, Pin – 711103,

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5. Department of Environment,

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(Notice through the Principal Secretary), Government of West Bengal, Environment Department,

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5^th Floor, Pranisampad Bhawan, Block LB-II, Salt Lake, Sec.-III, Bidhannagar, Kolkata, Pin – 700106,

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6. West Bengal Pollution Control Board,

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(Notice through the Member Secretary), Paribesh Bhawan, 10A, Block-L.A., Sec.-III, Salt Lake, Bidhannagar, Kolkata, Pin – 700106,

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....Respondent(s)

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Date of hearing: 08.01.2025

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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) : Mr. Subhas Datta, in person

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For Respondent(s) : Mr. Dibyendra Narayan Ray, Adv. (in Virtual Mode) a/w Mr. Sourav Haldar, Adv. for R-1, 3 & 4, (in Virtual Mode) Mr. Rajib Ray, Adv. for R-2&5, (in Virtual Mode) Mr. Sibojyoti Chakraborty, Advocate for R-6,

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ORDER

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The Applicant, who is appearing in person, has filed the present Original Application, alleging that the historic and heritage Indian Botanic Garden, Howrah, is being converted into a ‘Park’ and the green cover oxygen hotspot of the Calcutta city is thereby reducing very fast.

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It is further alleged that the Garden had been set-up for conservation and preservation of research oriented rare plants by introducing rare, endangered and threatened plant species in the Garden but now the Garden is being converted into a Park with avenue plants and common plants thereby disturbing the biodiversity of the area.

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It is also alleged that there are total 24 lakes in the Garden which are connected to each other through underground pipes, connecting indirectly to river Ganga through circular canal which

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was a good source of fertile surface water for the plants but the inter-connectivity of the lakes has now been destroyed because the water of the lakes has become stagnant causing damage and pollution to the lake water. It is also stated that the said circular channel, other than a very small portion on the southern side of the Garden, is completely lost and has become part of the land area of the Garden where waste materials are being dumped.

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It is also alleged that the lock gate through which water used to be introduced into the Leeram Lake has been converted into a concrete car parking space.

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The allegation further is that small roads and footpaths inside the Garden have been repaired with bitumen/asphalt by operating hotmix plant which was ultimately restrained by the Hon’ble Calcutta High Court by restricting the entry of motor vehicles inside the Garden other than for very important/urgent official purposes. Thereafter, the green vehicles (battery/electric) were introduced for visitors to the Indian Botanic Garden. It is alleged that these green battery/electric operated vehicles have now been discontinued.

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It is also alleged that the metallic road cover is an obstruction for rain water seepage into the ground.

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It is also alleged that there is reckless burning of fossil fuel inside the Garden for which the authorities had also put up notice board on 15.11.2022 to check the smoking of cigarette/biri.

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Illegal cutting of trees such as – Mahogony and Sandal Wood is also alleged and it is stated that in this regard a Complaint Case No.136/2022 had been filed in the Court of the Chief Judicial Magistrate, Howrah.

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It is also alleged that thousands of trees have been cut down and heaped at different locations of the Garden and are also being used for construction of tables and chairs inside the Garden. It is stated that JCB, Brush cutter, Chainsaw etc. are also being used inside the Garden.

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In addition, Mr. Subhas Datta, the Applicant, submitted that timber of Mahogony tree is being illegally used for making round tables, sitting arrangements, swing at the spot named as Cafeteria, though there is no authorization or Government approval for internal use of valuable timber inside the Garden.

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Reference has also been made to the order of the Hon’ble Calcutta High Court and it is submitted that as per the order of the Hon’ble High Court no restaurant or cafeteria type of entertainment facility is allowed inside the Botanical Garden. However, no such order has been placed before us nor has any reference of the said petition been also given. It is also submitted that no picnic and cooking of food is allowed inside the Botanical Garden. It is also submitted that a parking space is being created inside the Garden towards the IIEST side where several trees used to exist earlier. It is further submitted that there was a sluice gate (outlet point) circular channel for Ganga water on that side but now the geography of the said area has been changed. It is also submitted that eco-friendly green vehicle as a mode of transportation provided earlier has now been discontinued.

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The grievance of the Applicant also is that earlier lamp posts inside the Garden used to be of short height so that light does not spread over a wide area so as to create disturbance and those lamp posts used to light up only the pathway but now elevated lamp posts

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have been set-up causing disturbance to the flora and fauna in the Garden.

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At the time of admission, the Tribunal constituted a Joint Committee comprising of the following Members:-

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(i) Senior Scientist, West Bengal Pollution Control Board,

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(ii) Senior Scientist/Officer, Botanical Survey of India, and

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(iii) Senior Officer, Department of Environment, Government of West Bengal,

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The Committee was directed to inspect the site in question and submit its Report on affidavit within four weeks with regard to the allegations made in the Original Application.

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Accordingly, the West Bengal Pollution Control Board, Respondent No.6, has filed affidavit dated 28.06.2024 bringing on record an Inspection Report of the Joint Committee constituted by the Tribunal with reference to an inspection carried out on 16.04.2024. The Inspection Report reads as under:-

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“Inspection Report of the Committee constituted by Hon’ble National Green Tribunal Eastern Zone Bench, Kolkata vide order dated 20.03.2024 in the matter of OA No.65/2024/EZ

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The Hon’ble National Green Tribunal (NGT) through its order dated 20.03.2024 in OA No.65/2024/EZ constituted a committee comprising of

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1. Senior Scientist/Officer, Botanical Survey of India

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2. Senior Scientist, West Bengal Pollution Control Board

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3. Senior Officer, Department of Environment, Government of West Bengal

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Accordingly, the committee was formed after nominations were made by respective departments/agencies.

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A field visit was conducted by the committee on 16.04.2024 to assess the ground reality. Dr. Devendra Singh, Scientist “E” & Head of the Office (H.o.O), AJC Bose Indian Botanic Garden (AJCBIBG), Botanical Survey of India (BSI) accompanied the committee and apprised on the relevant issues. The committee also perused all documents provided by the H.o.O, AJCBIBG, BSI.

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Findings:

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During visit it was observed that many endemic and threatened species have been planted such as Red Sanders (Pterocarpus santalinus L.f.), White Sanders (Santalum album L.), Asoca (Saraca asoca (Roxb.) W.J.de Wilde), Mahogany (Swietenia macrophylla King), Magnolia grandiflora L. as avenue plantation in Division no. 2, I I, 16, 17, 19, 20 etc. Apart from these avenue plantation, indigenous species from different phytogeographic regions such as, Western Ghats (Division no. 19, 20), Eastern Ghats (Division 17), Central India (Division no. 17), Northeast India (Division no. 11) were also observed. The field photographs are attached as figure 1, 2. As reported by Garden Authority, because of devastating impact of Amphan (2020), a lot of trees were uprooted from existing avenue plantations of Brownea, Polyalthia, Amherstia, Palmyra, Swietenia etc. which are now being filled with the saplings of the same species. The list of plants introduced since June, 2021 as provided by H.o.O, AJCBIBG, is attached as Annexure 4.

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On query about allegation that Garden is being converted to a park, Garden Authority informed that above mentioned work is part of introduction and ex-situ conservation of endemic, threatened as well as economically important, medicinal and wild edible plants which is regular mandate of AJC Bose Indian Botanic Garden, Botanical Survey of India to preserve and showcase the biodiversity.

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The committee visited the Garden areas near the circular canal, the lakes and sluice gates and found that — a) the sluice gates between the river Hooghly and circular canal is in working condition (figure 3a, 3b). b) no solid waste dumping was observed on the banks of the canal which could be accessed by the committee (figure 4, 5) or any other area of the Garden visited by the committee and c) sufficient water was observed in the lakes which substantiate the fact that the lakes remain interconnected

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for smooth flow of water (figure 6, 7). On query, Garden Authority informed that regular cleaning of the canal is being carried out by them.

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A parking area for about 50 numbers of vehicles is being developed near the Leram Lake. A lock gate exists within the parking area (figure 8). As reported, in distant past, the said lock gate was used for interconnection between Leram lake (inside the garden) with the lakes of Indian Institute of Engineering Science and Technology Campus. During visit, the interconnection canal outside the Garden boundary was found blocked with garbage and sewage (figure 9). The said lock gate or interconnection gate near newly developed car parking area is not in use as reported. Water from river Hooghly enters directly into Leram lake from the sluice gate no. I (figure 10).

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No hotmix plant was observed inside the Garden premises during the field visit. The paved area of the Garden is very small compared to the total open area (including lakes and green areas). On query about use of hot mix plant/ metallic road cover, the Garden Authority reported that they have written to the Civil Construction Unit, Ministry of Environment, Forest and Climate Change (MoEF&CC), New Delhi and Central Public Works Department (CPWD), Kolkata to undertake repairing works of road with eco-friendly materials. (copies of communication in this connection are attached as Annexure 5. 6).

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During visit no green battery/electric operated vehicles for general public were found plying inside the Garden. As reported, use of petrol/ diesel vehicles by visitors is not permitted within the Garden. At present, the Garden Authority is allowing only private battery/electric operated vehicles for the senior citizens, physically disabled and women on request (as and when required). The tendering process for battery/electric operated vehicles has been initiated by the Garden Authority as reported. (Annexure 7, 8). During visit a few large trees were found uprooted and fallen logs (bearing lot numbers) were found stored in multiple locations. As reported to the committee by the Garden Authority during the visit, huge numbers of plants were uprooted during Amphan. On query, the Garden Authority informed that that they had approached West Bengal Forest Development Corporation Ltd. vide Letter no. AJCBIBG-232/8/20 I 4-Tech. (Misc./others), dated 25.09.2020

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(Annexure 9) and AJCBIBG-2022(Admn.)/1063, dated 24.08.2023 (Annexure 10) for disposal of fallen logs due to Amphan. The West Bengal Forest Development Corporation Ltd. has made 56 lots in Phase-I (which are yet to be completely disposed). Phase-II of lot preparation by West Bengal Forest Development Corporation Ltd. is under process. Copy of relevant communication with West Bengal Forest Development Corporation Ltd. is attached (Annexure 11, 12).

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During the field visit, three numbers of kiosks made out of waste logs having tables and stools made out of fallen dead logs were observed near the cafeteria (figure 11a, 11 b). On query, Garden Authority said that necessary approval from competent authority has been obtained for such construction purpose. Copy of approval obtained from competent authority is attached as Annexure 13.

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No use of JCB and chain saw was observed during visit. On query about use of JCB, Brush cutter, Chain Saw etc. Garden Authority reported that JCB is used occasionally for reestablishment of uprooted trees, translocation of full-grown trees; brush cutter is used for regular cleaning of invasive weeds and deweeding and chainsaw is used for pruning of large branches/twigs.”

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We have heard the Applicant and the learned Counsel for the Respondents.

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The Ministry of Environment, Forest and Climate Change in its affidavit dated 03.05.2024 has stated that the AJC Bose Indian Botanic Garden, Howrah, is under the mandate of Botanical Survey of India, Ministry of Environment, Forest and Climate Change, Government of India, and is ex-situ conservation of endemic, threatened as well as economically important, medicinal and wild edible plants from different geographic regions of the country as well as studying their taxonomic stature. It is stated that the Garden has planted many endemic and threatened plants which includes – Red Sanders (Pterocarpus santalinus L.f.), White Sanders (Santalum album L.), Asoca (Saraca asoca (Roxb.) W.J.de

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Wilde), Mahogany (Swietenia macrophylla King), etc. and following avenues viz. Red Sanders Avenue, White Sanders Avenue, Saraca Avenue and Branching Palm Avenue were recently developed; as well as pre-existing avenues viz. Mahogany, Palmyra, Polyalthia, Brownea were refilled with new plants. Apart from these, many endemic plants (Bentickia nicobarica (Kurz) Becc., B. condapanna Berry ex Roxb., Hardwickia binata Roxb., Cycas beddomei Dyer, Diospyros malabarica (Desr.) Kostel., etc.); threatened plant species-Critically Endangered (Aquillaria malaccensis Lam., Commiphora wightii (Arn.) Bhandari), Endangered (Heriteria fomes Banks, Syzygium caryophyIlatum (L.) Alston), Vulnerable (Garcirtia indica Choisy, Dalbergia latifolia Roxb.) and many more native plants were planted since June 2021.

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It is further stated that for conservation of native, endemic, threatened, medicinal and economically important, wild edible species and wild relatives of crop and ornamental plants and natural habitat, the Garden authority recently developed Rosarium (with 300 cultivars), Aquatic Plant Section (approximately 90 cultivars of Nelumbo, Nymphaea and other wild aquatic plants), Hibiscus section (with 100 cultivars of Hibiscus including 9 wild species), Nature Trail (with 300 species) and Wild Edible Fruit Section (with 70 species).

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The Applicant has filed rejoinder affidavit dated 04.09.2024 stating that the Tribunal had constituted a fact finding Committee comprising of the Senior Scientist, State Pollution Control Board as Member but instead one Assistant Environmental Engineer has been designated by the Pollution Control Board. Further objections

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with regard to the findings of the committee have been given in para 4 and its sub-paras of the rejoinder affidavit.

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We have heard the Applicant, appearing in person, as well as the Counsel for the Respondents and have perused the documents on record.

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The allegations made by the Applicant in the Original Application have been answered in detail by the Ministry of Environment, Forest and Climate Change in its extensive counter-affidavit dated 03.05.2024.

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With regard to the allegation of reduction in total green cover, it is stated that in 2022 a super cyclone named Amphan caused a lot of destruction in the Garden resulting in collapse of trees and structures and, therefore, to ensure public safety, the clearing of fallen structures and debris took place and to recompense for the damage to plant life, several plantation programmes on different occasions like – World Environment Day, Van Mahotsav, Independence Day, Republic Day, World Biodiversity Day, were arranged to ensure recovery from the diminution in green cover of the Garden which will take sometime to restore. It is stated that as part of the regular maintenance, the ground cover, especially invasive species, are usually removed without disturbing the other biodiversity and aquatic invasive plants such as – water hyacinths are regularly removed to maintain aquatic ecosystem within the Garden. It is also stated that invasive species are non-native organisms which when exposed to a new environment can spread rapidly to outcompete the native species for resources such as – food, water and habitat, leading to decline in native biodiversity, ultimately causing harm to the ecosystem as well as human health.

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It is also stated that invasive species can also disrupt ecosystem functions, alter habitats, spread diseases and directly or indirectly affect human activities as well as health, hence, removal of invasive species from Botanical Garden is essential for maintaining native biodiversity, ecosystem integrity, educational values and environmental sustainability. Such activity furthers and supports the mandate of botanical gardens to conserve and showcase plant diversity while promoting public awareness of conservation issues as well as native and threatened plants.

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With regard to the allegation that inter-connectivity of the lakes is being lost, it is stated that all lakes and inter-connection pipes are cleaned and maintained on regular intervals and inter-connections are fully functional and the water movement from one lake to another is also perfectly working. These facts, we find, are also confirmed and substantiated by the Inspection Committee Report.

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As regards the allegation that inlet, outlet sluice gates and the circular channel from river Ganga are inoperative, it is stated that both sluice gates are perfectly functional, however, the continuous inflow of sewage including non-degradable plastic from neighbouring areas into the circular canal has become a persistent issue and in this regard the Ministry has already apprised this issue to the West Bengal Pollution Control Board and the Howrah Municipal Corporation. It is also stated that regular monitoring of both sluice gates and cleaning of circular canal is being done by the Garden authority and staff. It is further stated that the lock gate referred to by the Applicant is not used for entry of water into Leram Lake from the River Hooghly. It is stated that water flows to the Leram Lake through sluice gate no.1 which is functional and

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the said lock gate is intact at present in the parking area and has not been affected by the development of parking. It is stated that the lock gate was used to serve as a connection between the Leram Lake and the lakes of Indian Institute of Engineering Science and Technology (IIEST, erstwhile Bengal Engineering College), campus which was a part of the Botanical Garden in the distant past and had been suspended since long back due to the inter-connection canal outside the Garden boundary being choked with garbage and sewage. The Committee in its Inspection Report has noted that the interconnection canal outside the Garden boundary was blocked with garbage and sewage but regular cleaning is being carried out by the Garden authority. In our opinion, this is an ongoing process and garbage and sewage has to be cleaned regularly.

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With regard to the allegation that migratory birds are not coming to the lakes, it is stated that inter-connected lakes of the Botanical Garden are consistently monitored and managed and regular cleaning of water bodies is being carried out to keep the aquatic environment of the Garden and maintaining and upkeep of the ecosystem networks are being regularly monitored. It is stated that many species of birds are resident of the Garden and migratory birds also visit the Garden from time to time. So far as cleanliness and maintenance of the lakes in the Garden is concerned, the Committee in its Inspection Report has confirmed that the same are being cleaned and maintained regularly, therefore, no directions are required in this regard.

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With regard to the allegation that construction of bitumen road/avenue is being carried out recklessly inside the Garden, it is stated that there are many wide/small roads and footpaths inside

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the Garden, however, neither any new construction of road nor any widening of roads inside the Garden has taken place. It is stated that the Garden authority has only requested the Central Public Works Department (CPWD), Kolkata, vide its letter dated 18.03.2024 to undertake repairing works of road with eco-friendly materials. It is also stated that the Garden has 26 lakes in various divisions and all are inter-connected and ultimately connected with river Ganga and the rain water is harvested during the rainy season into these lakes which are circulated through inter-connections of the lakes. It is stated that more than 90% of the land cover of the Garden has open soil and vegetation through which adequate rain water seeps into the Garden and internal roads do not pose an obstacle to ground water. The Inspection Committee in its Report has also observed that no Hotmix Plant was observed inside the Garden and the Garden authorities have written to the CPWD and the Civil Construction Unit, MoEF&CC to only use eco-friendly materials to undertake repair works of roads inside the Garden. In this view of the matter, no separate directions are required from this Tribunal.

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With regard to allegation of illegal cutting of trees, it is stated that no living plant has been cut down by the Garden authorities but it is stated that due to the cyclone Amphan many trees had got uprooted and fallen including the Mahogany tree, referred to by the Applicant, and the Garden authorities are trying to clear the fallen, uprooted and dead trees from the last two to three years through the West Bengal State Forest Development Corporation Ltd. in different phases. It is stated that timber lots are being auctioned by the West Bengal State Forest Development Corporation Ltd; Phase-I

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of such timber lot formation and auction has been completed and lot formation of Phase-II is in progress. It is further stated that fallen, uprooted and dead tree logs of sandal-wood have been taken into safe custody of the Garden authority. It is also stated that the Garden authority has developed two avenues named after Sandal wood species, namely, Red Sanders Avenue with Red sandal-wood (Pterocarpus santalinus L.F.) and White Sanders Avenue with White sandal-wood (Santalum album L.) on both sides of the respective avenues near the Large Palm House. The Inspection Committee in its Report has also confirmed that the Garden authority had informed that they had approached the West Bengal Forest Development Corporation Ltd. vide their letters dated 25.09.2020 and 24.08.2023 for disposal of fallen logs and in the Phase-I 56 lots have been made and now Phase-II lot preparation is under process. In this view of the matter, no further directions are required from us in this regard.

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As regards the allegation that unauthorized use of timber of Mahogany tree being used for aesthetic purpose, it is stated that the AJC Bose Indian Botanic Garden is more than 230 years old and is well known all over the world. It has been denied that the said Garden is being upgraded into a tourist spot, however, it is stated that the said Botanical Garden is more than 230 years old and because of its popularity, large number of local people and tourists visit the place; the Garden has about 8000 regular morning walkers and 5 lakhs visitors per annum to the Garden having an area spanning over 273 acres. It is stated that the Garden authorities have repaired or created minimal facilities viz., sitting benches, drinking water units, public toilets, dustbins, road and

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vantage point signages inside the Garden which are basic humanitarian necessities for the visitors and public, with prior permission from the competent authority. It is also stated that some space is required for the visitors as well as officials working inside the Garden and food is made available only outside two gates which are almost two kilometers away from each other. It is stated that cafeteria is required inside the Garden and it has been developed with prior permission of the Joint Management Committee (JMC) and round tables for use outside the cafeteria were made from the uprooted and dead trees during cyclone Amphan after taking prior permission from the competent authority. In our opinion, inhouse use of fallen trees for providing benches or tabletops for benefit of the visiting public, with the permission of the competent authority, can hardly be faulted when the footfall of morning walkers is stated to be about 8000 and annual visitors is about 5 lacs. Besides, we do not find any violation of environmental norms if basic necessities are being provided by the Garden authorities to its visitors.

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As regards the allegation that thousands of fallen/damaged/cutdown logs lie scattered/heaped at different places, it is stated that as a result of severe destruction caused due to cyclone Amphan in AJC Bose Indian Botanic Garden, numerous matured trees were either completely uprooted or had partially fallen down; many trees were partially damaged, half broken. It is stated that to recover from the ruins and debris left due to cyclone Amphan, a request was made to the West Bengal Forest Development Corporation Ltd., for help in clearing of fallen and damaged trees and timbers from the Garden. The West Bengal Forest Development Corporation Ltd.

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has initiated the timber lot formation and will eventually auction them to remove them from the Garden; Phase-I of timber lot formation and auction has already been completed by the Department and Phase-II is in process. We have already dealt with this issue in para 26 above and, therefore, no further direction is required in this regard from this Tribunal.

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As regards the allegation of frequent use of JCB, tractor and multiple mechanical equipment in the Garden, it is stated that the JCB, tractor and chainsaw are being used for re-establishment of fallen and uprooted trees or for any emergency situation as and when required whereas brush-cutter is used for regular de-weeding and clearing of invasive species over an area of 273 acres which is not possible to be carried out manually. The Inspection Committee has observed that during field visit no JCB or chainsaw was observed. However, in view of the stand of the Respondents in their affidavit, we are satisfied that no directions are required from this Tribunal.

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As regards the allegation of construction of parking space inside the Garden, it is stated that the parking space of the Garden was already existing earlier, however, due to non-usage of the parking space for a long time invasive herbs and shrubs have grown and covered that area thereby damaging the eastern boundary wall of the Garden. It is stated that in addition to the invasive shrubs, the said parking area also became a garbage and waste dumping zone by the neighbouring people residing in the neighbourhood, outside the eastern boundary of the Garden, therefore, to maintain and preserve the boundary wall, some of the common trees were trimmed and removed which were adversely growing on the Garden

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boundary wall and which posed risk to the local residents staying outside and along the Garden boundary. It is further stated that renovation of existing parking space is under development after receiving several requests from schools, colleges and institutions from various districts of West Bengal and other States of India for their educational visit to the Garden as part of their curriculum. It is stated that during such visits, they face a lot of trouble regarding parking their vehicles/school buses. It is stated that this renovation work is being carried out with the approval of the Joint Management Committee (JMC) of the Garden chaired by the Chief Secretary, Government of West Bengal and the competent authority in 2023. We are satisfied with the submissions made in respect of the parking area and, therefore, no order or direction is required in this regard from the Tribunal.

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With regard to the allegation of disconnection of battery driven and/or electrical vehicles for visitors, it is stated that previously battery driven/electric vehicles had been introduced but the same were discontinued during Covid-19 and cyclone Amphan and tendering process has been initiated again by the Garden authorities and now private electric vehicles inside the Garden have been allowed for physically challenged people, senior citizens, children etc. upon their request to the authority till the tender is awarded. We are, therefore, satisfied that no direction in this regard is required from the Tribunal.

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As regards the allegation that there are plenty of old and abandoned concrete structures inside the Garden, it is stated that the estimates for the restoration of old buildings were already requested to Civil Construction Unit (CCU), MoEF&CC, Government

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of India, by the Garden authorities which is pending consideration. In this regard decision has to be taken by the MoEF&CC and we, therefore, direct the MoEF&CC to take a decision expeditiously.

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With regard to the allegation of theft and loss of historical items from Roxburgh Museum, it is stated that there is no such place as Roxburgh Museum inside the AJC Bose Indian Botanic Garden. It is stated that the first building erected inside the Garden was in 1795 by William Roxburgh for his residential and plant taxonomic research purposes which is commonly known as Roxburgh’s house throughout the world, situated on the western bank of River Hooghly inside the Botanical Garden. It is stated that William Roxburgh during his tenure as Superintendent of the Garden used to store his herbarium specimens in this building and all his collections were shifted long back to the New Herbarium building (Central National Herbarium). In our opinion, the issue raised by the Applicant in this regard is not an environmental issue and, therefore, no directions are required from us.

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With regard to the allegation of installation of tall lamp posts inside the Garden, it is stated that earlier the existing lamp posts were much taller but they were damaged during the cyclone Amphan and are now being removed and replaced with much shorter lamp posts along the main pathways with low light intensity. It is stated that these lights will be switched off after visitors, academicians and staff leave from the Garden and the same is not at all detrimental to the flora and fauna of the Garden. Considering the averments made in the affidavit, no directions are required from us in this regard.

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The Applicant has filed rejoinder affidavit, reiterating the averments of the Original Application.

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It is not disputed that extensive damage was caused to the Botanical Garden due to the ravages of cyclone Amphan, trees were uprooted or broken, branches were scattered all over the place and there may be piles of wood, scrubs, shrubs etc. which need to be cleaned. It cannot be said that nothing has been done by the Garden authorities to restore the Botanical Garden to its original pristine form and in any case matters relating to planting of trees and nurturing the growth of trees takes a lot of time during which time the trees need to be taken care of.

¶139

The categorical averment of the Ministry of Environment, Forest and Climate Change in its affidavit is that lakes have been interconnected and no lake is isolated which is also substantiated by the Inspection Committee in its Report.

¶140

Much stress was laid by the Applicant upon the misuse of fallen Mahogony tree and it was alleged that the timber of the same was being used for setting up a cafeteria and benches etc. The submission of the Applicant is that the same should have been disposed of by the Forest Department as per the procedure, which was not done. It is further submitted that there is no Standard Operating Procedure (SOP) regarding disposal of trees which have been uprooted or broken and, therefore, directions should be given by this Tribunal for formulation of a Standard Operating Procedure in this regard.

¶141

In our opinion, no such directions are required. It is for the competent authority to take a decision as to whether fallen trees or branches should be utilized internally within the Park/Botanical

¶142

¶143

Garden and how best to use it. It is not the case of the Applicant that the wood of the fallen Mahogony tree has been taken away or allowed to be taken away by unauthorized persons. If parts of the fallen Mahogony tree have been utilized for constructing tables or chairs or cafeteria or whatever, the same cannot be faulted.

¶144

Even with regard to the allegations of theft and loss of historic items from Roxburgh Museum, nothing has been stated by the Applicant as to what has been stolen or when it was stolen and the categorical stand of the Ministry is that there is no such museum but rather it was the house of the erstwhile Superintendent of the Botanical Garden, one Mr. William Roxburgh, erected in 1795. Even otherwise, this is not an environmental issue requiring consideration by this Tribunal.

¶145

Even with regard to setting-up/installation of tall lamp posts, the said allegation has been denied by the Ministry and suitably explained and we do not find any objection with regard to the shorter lamp posts being erected inside the Botanical Garden.

¶146

Also with regard to the construction of parking space, the same has been suitably replied by the Ministry stating that the parking space always existed but over the period of time it became over-grown with scrub and shrub and became a dumping ground for waste which has now been cleared and the parking area is being restored.

¶147

So far as the use of machines and JCB within the Park/Garden is concerned, the Respondent Ministry has suitably explained the same. We are also of the view that JCBs may sometimes be required for lifting of large trees which have fallen during a cyclone and if the trees are sometimes very large, chainsaws are required for cutting them into suitable blocks of a size which can be easily

¶148

¶149

lifted and removed. How such activity is to be carried out should, in our opinion, be left to the wisdom and expertise of the Garden authorities who have wide knowledge and training to grapple with such situations and no directions are required from this Tribunal.

¶150

Therefore, on a deep consideration and appreciation of the facts on record emerging from the pleadings of the parties, we do not find any good ground for issuing any orders or directions in the present Original Application and the same is accordingly dismissed.

¶151

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

¶152

There shall be no order as to costs.

¶153

B. Amit Sthalekar, JM

¶154

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

¶155

January 08, 2025, Original Application No.65/2024/EZ AK

¶156

Subhash Datta v. Ministry of Environment Forests Climant Change Service through Joint Secretary

Case brief

What is this about?

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Subhash Datta v. Ministry of Environment Forests Climant Change Service through Joint Secretary

Case brief

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What did the court decide?

What the court decided

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