Disposed

Bharati Gupta v. Union of India

NGT12 May 2026Original Application No. 118/2026

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench addressed an application for stopping a manufacturing unit in a residential property. The court found that the facts required physical verification. Consequently, it constituted a Joint Committee to verify the grievance and take remedial action if violations were found.

What did the court decide?

Constitution of a Joint Committee to verify the grievance regarding the manufacturing unit in a residential property and take remedial action in case of violation.

Bharati Gupta vs Union of India — Environment and Pollution | NGT (2026)

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Court No.1

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Item No.02

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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.118/2026/EZ

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1. Bharati Gupta

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Wife of Late Sambhunath Gupta

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Aged about years residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala,

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Kolkata – 700053

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2. Mukesh Gupta

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Son of Late Sambhunath Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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3. Anirban Gupta

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Son of Late Sambhunath Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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4. Kalawati Gupta

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Wife of Late Rambabu Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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5. Amit Gupta

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Son of Late Rambabu Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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6. Renubala Gupta

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Wife of Ramnath Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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7. Uttam Gupta

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Son of Late Ramnath Gupta residing at 3/1, Tollygunge Circular Road,

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Post Office – New Alipore, Police Station – Behala, Kolkata – 700053

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8. Dinesh Gupta

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Son of Late Ramnath Gupta residing at 3/1, Tollygunge Circular Road, Post Office – New Alipore, Police Station – Behala, Kolkata - 700053

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..... Applicants

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Versus

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1. The Union of India

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through Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavarn Bhawan, Jorbagh Road, New Delhi – 110003

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2. The State of West Bengal

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service through the Secretary, “Nabanna”, 325, Sarat Chatterjee Road, Howrah – 711102

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3. The Divisional Fire Officer, South Kolkata Division

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West Bengal Fire & Emergency Service, 13/D, Mirza Ghalib Street, Kolkata – 700016

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4. West Bengal Pollution Control Board

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Paribesh Bhavan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata – 700106

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5. The Commissioner of the Kolkata Municipal Corporation

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5, S. N. Banerjee Road, Kolkata – 700013

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6. The Licence Officer (Head Quarter)

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Licence Department, Kolkata Municipal Corporation, 5, S. N. Banerjee Road, Kolkata – 700013

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7. Officer-in-Charge, Behala

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Behala Police Station, Kolkata – 700034

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8. The Chairman,

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Kolkata Municipal Corporation 1, Diamond Harbour Road, Kolkata – 700038

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9. M/s. Kedar Food Products

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a Unit of Hindustan Sweets Proprietor Ajay Kumar Gupta situated at 5, Tollygunge Circular Road, Now known as 5, Somnath Lahiri Sarani, Mailing address 3/1, Tollygunge Circular Road, now known as 3/1, Somnath Lahiri Sarani, Police Station – Behala, Kolkata - 700053

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..... Respondents

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Date of hearing: 12.05.2026 Date of order: 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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Applicants: Mr. Kaustav Manna and Sutapa Upadhyay, Advocate for the applicants (through VC).

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ORDER

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The applicants have filed the present application under Section 18 (1)

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read with Sections 14, 15 and 17 of the National Green Tribunal Act, 2010

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seeking following reliefs:-

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“In the circumstances stated above your Lordships may be graciously be pleased to pass an order/orders directing the authorities to take steps to stop the instant manufacturing unit namely M/s. Kedar Food Products at Ward No.117 under Kolkata Municipal Corporation premises No.5, P.S. - Behala, Kolkata - 700053 and also direct the State Board to set aside/cancel the certificate of `consent to operate' issued in favour of M/s. Kedar Food Products and also pass the order respondent No.9 install manufacturing unit of Hindustan Sweets in the industrial unit and to maintain/ comply conditions restrictions imposed under Air Pollution (Prevention and Control of Pollution) Act, 1981 and to pass such other order or orders as Your Lordships may deem fit and proper.”

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The applicants have submitted that the applicants and the proprietor

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of respondent no. 9-M/s. Kedar Food Products are the co-owners, by inheritance, of a two storied pucca building on an area of 4 Cottahs 26 sq.ft. in Dag No.159, Khatian No.1137, Ward No.117 under Kolkata Municipal Corporation being premises No.5, Tollygunge Circular Road, Police Station - Behala, Kolkata. The abovesaid building is a residential house and is not an industrial land. The proprietor of M/s. Kedar Food Product namely Ajay Kumar Gupta and his family is not residing in the above-said building.

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Respondent No.9 is using the ground floor of the abovesaid building for manufacturing unit of `Hindustan Sweets”. There is no other entrance gate for egress and ingress for the labour of Kedar Food Products and/or for the residents of the abovesaid building. The manufacturing unit cannot be run inside the residential house and running of manufacturing unit in residential house is nothing but encroachment of right to life protected under Article 21 of the Constitution of India as well as right to enjoyment at property under Article 300A of the Constitution of India. Respondent No.5 granted “Consent to Operate” dated 25.11.2021 valid upto 30.11.2028 in favour of respondent No.9 with thirteen conditions but the respondent No.9 is not complying with the same. The manufacturing unit of Hindustan Sweets and/or respondent No.9 is using huge and large numbers of oven ignite cooking/commercial gas cylinders in the ground floor of the above stated building causing extreme pollution in the house of huge smoke, oil fumes and odour continuously adversely affecting the health condition of the applicants and their family members residing there. Son of applicant No.6 made complaint to the respondent’s authorities on 02.09.2024, family members of the applicants made complaint dated 08.07.2024, the applicants serves legal notice dated 15.07.2025 and 26.09.2025 but no action has been taken by the concerned authorities.

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We have heard learned Counsels for the applicants and gone through the material on record. 4. 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 are of the considered view that the averments made in the application require physical verification of the factual position by a Joint Committee comprising the representatives of the concerned State Authorities who are also under statutory obligations to take prompt

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remedial action on the basis of such physical verification of the factual position in case of environmental violations.

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Accordingly, we constitute a Joint Committee comprising of the representatives of the Member Secretary, West Bengal State Pollution Control Board, the Commissioner, Kolkata Municipal Corporation and the District Magistrate, South 24 Parganas and direct the same to look into the grievances of the applicant, associate the applicant and representatives of respondent no. 9 and other adversely affected persons, 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, respondent no. 9 and persons adversely affected in accordance with the principles of natural justice and to submit its report within three months before the 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. 2. A copy of this order alongwith copy of Original Application and documents attached with the same may be sent to the Member Secretary, West Bengal State Pollution Control Board, the Commissioner, Kolkata Municipal Corporation and the District Magistrate, South 24 Parganas 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.118/2026/EZ SN

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Bharati Gupta v. Union of India

Case brief

What is this about?

What did the court decide?

Bharati Gupta v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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