Disposed

Gobinda Dhar v. Department of Environment

NGT15 Jul 2026Original Application No. 115/2026

Case brief

AI extract

What is this about?

The Tribunal constituted a Joint Committee comprising District Magistrate and Pollution Control Board officers to verify pollution allegations against a manufacturing unit and suggest remedial action before disposing of the application.

What did the court decide?

Constitution of a Joint Committee to verify pollution grievances and suggest remedial action within two months; matter remanded for report.

Gobinda Dhar vs Department of Environment — Environment and Pollution | NGT (2026)

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Item No.03

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.115/2026/EZ

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Gobinda Dhar Applicant

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Versus

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State of West Bengal & Ors. Respondents

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Date of hearing: 15.07.2026

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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: Mr. Pradep Singh and Ms. Rupsa Maity, Advocates for the applicant (physically in EZB).

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ORDER

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The applicant has filed the present Original Application (O.A.)

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under Sections 14, 15 and 18 of the National Green Tribunal Act, 2010

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seeking following reliefs:-

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1. “Direct Respondent No.2 (WBPCB) to immediately inspect the premises where Respondent Nos. 5 and 6 are operating the manufacturing unit and submit a report before this Hon’ble Tribunal.

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2. Direct Respondent Nos. 5 and 6 to immediately stop all manufacturing activities of ‘Batasa’ and ‘Nokul Dana’ within the residential locality until statutory permissions are obtained.

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3. Direct the State Authorities and Panihati Municipality to take strict action and impose penalties under the Environment (Protection) Act and the Air & Water Acts.

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4. Direct proper waste disposal, cleaning of the area, removal of plastic waste and remediation of the polluted environment at the cost of Respondent Nos. 5 and 6.

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5. Award compensation for environmental degradation as per the Polluter Pays Principle.

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6. Pass any other order or direction as may be deemed fit and proper in the interest of justice, equity and environmental protection.”

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The applicant has submitted that Respondents No. 5 and 6 are engaged in manufacturing ‘Batasa’ and ‘Nokul Dana’ and are using boilers, furnaces and other heat-emitting machinery within residential neighbourhood causing severe air pollution, foul smell, unhygienic conditions and accumulation of plastic waste, adversely affecting the environment and health of the residents including the Applicant. Due to such illegal operations, residual gases, smoke, and chemical vapours are emitted continuously, contaminating the air. In addition, large quantities of plastic waste and residual material are being dumped openly, resulting in environmental degradation and creating a breeding ground for insects and diseases.

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The applicant has further submitted that the said unit is functioning without obtaining any Consent to Establish (CTE) and Consent to Operate (CTO) from the West Bengal Pollution Control Board (WBPCB) as mandated under the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and the Solid Waste Management Rules, 2016.

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The applicant has further submitted that the applicant made complaint dated 07.10.2024 to WBPCB, and also submitted a copy to Chairman, Panihati Municipality and also served Legal Notice dated 19.11.2025 but no action has been taken on the same.

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We have heard submissions made by the learned Counsels for the applicant and gone through the material on record.

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The averments made in the O.A. raise substantial questions

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relating to environment arising out of the implementation of the

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enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

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However, we consider it necessary to get the factual position verified by constituting a Joint Committee comprising the representatives of the concerned 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, North 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 two months 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 Justice by giving opportunity of being heard to the concerned project proponent within next two months 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, North 24 Parganas will be the nodal agency for coordination and compliance regarding submission of the report 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 Bengal Pollution Control Board, the District Magistrate, North 24 Parganas and the 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 15^th , 2026 Original Application No.115/2026/EZ P

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Gobinda Dhar v. Department of Environment

Case brief

What is this about?

What did the court decide?

Gobinda Dhar v. Department of Environment

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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