Disposed

Subrata Das v. West Bengal Pollution Control Board

NGT12 May 2026Original Application No. 117/2026

Case brief

AI extract

What is this about?

The Tribunal considered an application seeking direction for inspection and action to curb air pollution from a café. The Bench constituted a Joint Committee of the Kolkata Municipal Corporation and the State Pollution Control Board to verify the factual position regarding the emissions.

What did the court decide?

Constitution of a Joint Committee of the Kolkata Municipal Corporation and the W.B. State Pollution Control Board to verify air pollution grievances and submit a report within two months.

Subrata Das vs West Bengal Pollution Control Board — Environment and Pollution | NGT (2026)

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Item No.01

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Court No.1

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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.117/2026/EZ

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Subrata Das Applicant

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Versus

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West Bengal Pollution Control Board & Ors. Respondents

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Date of hearing: 12.05.2026

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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. Subrata Das, the applicant in person (through VC).

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ORDER

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The applicant has filed the present original application under Sections

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14 and 15 of the National Green Tribunal Act, 2010 seeking following

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reliefs:-

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“

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A. Direct West Bengal Pollution Control Board to conduct inspection of the premises and take action against the air pollution.

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B. Direct Kolkata Municipal Corporation to verify compliance with building and licensing regulations.

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C. Direct the café operator to install proper exhaust ducting and polluting control measures.

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D. Pass any other order deemed appropriate in the interest of environmental protection”

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The applicant has submitted that a café operating on the ground floor of the same building is emitting smoke, burnt charcoal odour and cooking fumes which regularly enter the Applicant’s residence. The emissions appear to be discharged through openings in the building wall without proper exhaust ducting above roof height. The pollution occurs during evening and night hours and causes serious disturbance and health discomfort to the Applicant and family members. The Applicant filed a complaint before the West Bengal Pollution Control Board and subsequently

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approached the Central Pollution Control Board. The Central Pollution Control Board forwarded the matter to the State Board and further communication was made by the West Bengal Pollution Control Board to the Kolkata Municipal Corporation.

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We have heard applicant in person and gone through the material on record.

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The applicant has made averments regarding running of the Café in violation of environmental norms and causing of air and noise pollution by the same. We are of the considered view that the averments made in the application require physical verification of the factual position by the concerned State Authorities who are also under statutory obligations to take prompt remedial action in case of environmental violations on the basis of such physical verification of the factual position.

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Accordingly, we constitute a Joint Committee comprising of representatives of Kolkata Municipal Corporation and the Member Secretary, West Bengal State Pollution Control Board and direct the same to look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and take appropriate remedial action in case of environmental violations by following due course of law and giving opportunity of being heard to the applicant, concerned project proponents and persons adversely affected in accordance with principle of natural justice and to submit its report within two months to this Tribunal.

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The Member Secretary, West Bengal State Pollution Control Board will be the nodal agency for coordination and compliance.

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Report by the Joint Committee may be filed as directed above before the learned Registrar of this Tribunal at Kolkata, who shall be at liberty to place the matter before the Bench if further orders are considered to be necessary.

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The present original application is disposed of accordingly with directions as mentioned above.

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A copy of this order alongwith copy of O.A. and documents attached therewith may be sent to Kolkata Municipal Corporation and the Member Secretary, West Bengal State Pollution Control Board by email for requisite information/compliance.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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May 12^th , 2026 Original Application No.117/2026/EZ SN

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Subrata Das v. West Bengal Pollution Control Board

Case brief

What is this about?

What did the court decide?

Subrata Das v. West Bengal Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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