Disposed

Abhijit Das v. State of West Bengal

NGT13 Jul 2026Original Application No. 106/2026

Case brief

AI extract

What is this about?

This order addresses a suo motu application regarding illegal filling of a waterbody in South 24 Parganas. Due to the applicant's default, the Tribunal constituted a Joint Committee to inspect the site and verify allegations of environmental violation, directing authorities to submit action-taken reports within two months.

What did the court decide?

Direction to constitute a Joint Committee of statutory authorities to verify the complaint and suggest remedial action, with a directive to submit reports within two months.

Abhijit Das vs State of West Bengal — Environment and Pollution | NGT (2026)

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Item No.04

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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.106/2026/EZ

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Abhijit Das Applicant

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Versus

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State of West Bengal & Ors. Respondents

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Date of hearing: 13.07.2026

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE MR. ISHWAR SINGH, EXPERT MEMBER

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Applicant: None for the applicant.

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ORDER

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Mr. Abhijit Das has sent the present letter petition through email dated 31.12.2025 to this Tribunal, which has been treated and registered as Original Application (O.A.) No.106/2026/EZ for exercise of suo-motu jurisdiction in view of law laid down by Hon’ble Supreme

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Court in Municipal Corporation of Greater Mumbai Versus Ankita

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Sinha and others, (2022) 13 SCC 401 .

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The applicant raised grievances regarding illegal filling of water body and encroachment of public land at Mouza Kriparampur, Block Bishnupur-II, District South 24 Parganas, near Tatultala, directly adjoining Diamond Harbour Road. The relevant part of the O.A. enumerating the grievances of the applicant is reproduced as under:-

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“ Subject: Illegal Filling of Recorded Waterbody & Encroachment of Public Land at Kriparampur - Immediate Action Required

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Respected Sir,

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I write to urgently bring to your attention a serious and ongoing violation involving illegal land-filling, encroachment, and ecological destruction at Kriparampur Tetultala, adjacent to Diamond Harbour Road, within Bishnupur-II Block, South 24 Parganas.

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As a social and political activist committed to safeguarding public resources and environmental integrity. I seek your immediate intervention in the interest of law, ecology, and public accountability.

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Location Details:

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Mouza: Kriparampur

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Block: Bishnupur-II District: South 24 Parganas Police Station: Bishnupur

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Landmark: Tetultala, directly adjoining Diamond Harbour Road

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Present Condition: Area has been fenced with blue tin sheets: unauthorised dumping and filling are visibly underway

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Nature of Violations Observed:

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During a recent on-site visit, the following illegal activities were observed being conducted openly:

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These activities constitute a continuing and ongoing offence.

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Dumping of bricks, earth, and construction debris into a functioning waterbody

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Progressive narrowing and filling of the pond, altering its natural character

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Erection of fencing using blue tin sheets on the edge of a public road Creation of an access path by illegally filling portions of the waterbody

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Obstruction of ecological flow and public drainage

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These acts appear to be preliminary steps toward illegal land conversion or commercial construction.

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If not halted immediately, the damage to this natural resource may become irreversible in a matter of days.

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Land Classification (as per Government Records):

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According to the official Banglarbhumi land database, the concerned plots are categorically listed as protected waterbodies (Pukur):

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Dag No. 292/1486-Pukur, Area 0.30 acre

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Dag No. 293-Pukur, Area 0.36 acre

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These plots ore non-convertible under current land-use regulations. Any filling, fencing, or modification constitutes a direct violation of law.

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Statutery, Violations (Prima Facie):

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The activities observed fall within the scope of the following legal violations:

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1. West Bengal Inland Fisheries Act, 1984-Prohibits conversion/filling of ponds without permission

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2. Wetlands (Conservation and Management) Rules, 2017-Prohibits alteration or encroachment of wetlands

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3. Environment (Protection) Act, 1986-Forbids actions causing environmental degradation

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4. State Encroachment Lows-Forbids unauthorised occupation of public and roadside lands

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Evidence Submitted

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Annexure-A: Photographic evidence shewing illegal filling, fencing, and structural tampering

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Annexure-B: Certified Banglarbhumi extracts confirming land classification as Pukur (Dag Nest. 292/1486 and 293)

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Reliefs and Actions Urgently, Soughti

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In discharge of your statutory authority as District Magistrate and custodian of public land and environmental norms, I respectfully request the following urgent action

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1. Immediate joint site inspection by officials from Revenue, Fisheries, Environment, and Police departments

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2. Cessation of all ongoing filling, fencing, and construction activity

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3. Prosecution of individuals/entities responsible under applicable legal provisions

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4. Full ecological restoration of the effected waterbody and natural drainage system

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6. Immediate removal of all unauthorised roadside fencing and encroachment structures

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This matter pertains to public property, ecological balance, and legal order, and thus warrants swift and decisive administrative response

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I remain available to provide any further documentation or clarification.

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I also request to be kept informed of the actions taken, in the interest of transparency and public trust.

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I trust your office will take prompt and appropriate action in accordance with law.”

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The O.A. was taken up for hearing on 07.05.2026 but the applicant did not appear before this Tribunal on that date.

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vide order dated 07.05.2026 this Tribunal directed the Registry to intimate the applicant about the date of hearing fixed and to ask him to appear physically or through VC and to produce the material

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available with him in support of the averments made in the O.A. before this Tribunal.

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The applicant has not appeared even today despite having being intimated by the Registry about the date of hearing fixed.

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However, in view of the grievances raised in the O.A. we consider it appropriate to take cognizance of the matter suo motu and proceed further instead of dismissing the O.A. in default for nonprosecution.

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Prima facie the averments made in the O.A. raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010. However, we consider it necessary to get the factual position verified by constituting a Joint Committee comprising the representatives of the concerned statutory authorities which are also under statutory obligation to take appropriate remedial action on the basis thereof.

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Accordingly, we constitute a Joint Committee comprising of representatives of District Magistrate, South 24 Parganas and Regional Officer, West Bengal Pollution Control Board and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and suggest appropriate remedial action.

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The Joint Committee is directed to submit its report, within one month from the date of receipt of copy of this Order, before learned Registrar, Eastern Zone Bench at Kolkata and to send a copy of the report to the concerned authorities who shall be bound to take appropriate action in accordance with law and Principles of Natural

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Justice by giving opportunity of being heard to the concerned project proponent and to submit action taken report within next one month from the date of receipt of a copy of the report of the Joint Committee and to file action taken report before learned Registrar, Eastern Zone Bench at Kolkata within next one month .

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The District Magistrate, South 24 Parganas will be the nodal agency for coordination and compliance regarding submission of the reports of the Joint Committee and filing of action taken reports by the concerned authorities.

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The Registrar, Eastern Zone Bench at Kolkata may place the matter before the Bench if reports are not filed as directed above and also if on receipt of the reports further orders are considered to be necessary.

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The present original application is disposed of accordingly.

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A copy of this order may be sent to the Member Secretary, West

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Bengal Pollution Control Board, District Magistrate, South 24 Parganas and Regional Officer, West Bengal Pollution Control Board, South 24 Parganas the by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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July 13^th , 2026 Original Application No.106/2026/EZ P

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Abhijit Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Abhijit Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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