Dismissed

H I T Flat Dwellers Association Dumurjal Howrah v. State of West Bengal

NGT9 Apr 2026Original Application No. 140/2025

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an original application concerning hazardous drain water and water logging in HRBC Housing Estate. After accepting the Fact-Finding Committee report confirming completed desiltation and pump station installation, the Tribunal found no need for further action and dismissed the petition.

What did the court decide?

No further action is required by the Tribunal. The application is disposed of.

H I T Flat Dwellers Association Dumurjal Howrah vs State… — Environment and Pollution | NGT (2026)

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Item No.09

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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.140/2025/EZ

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HIT Flat Dwellers Association Dumurjal Howrah Applicant

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Versus

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State of West Bengal & Ors. Respondents

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Date of hearing: 09.04.2026

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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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Respondents: Mr. Ghanshyam Pandey, Advocate for respondent no.1 (through VC). Mr. Sibojyoti Chakrabarti, Advocate for respondents no.2 and 5 (through VC). Ms. Amrita Pandey, Advocate for respondents no.3 and 4 (through VC).

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ORDER

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The H.I.T. Flat Dwellers Association had made a complaint dated 11.01.2025 to the Hon’ble Chief Minister, Government of West Bengal with a copy to the Registrar of this Tribunal at Kolkata which has been treated and registered as O.A. No. 140/2025/EZ for exercise of suo-motu jurisdiction in view of law laid down by Hon’ble Supreme Court in

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Municipal Corporation of Greater Mumbai Versus Ankita Sinha and

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others, (2022) 13 SCC 401 .

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The applicant raised grievances regarding Ichapur Drainage Canal having been left uncleaned and clogged with huge sludge causing rapid back flow of hazardous drain water and effluent from sewerage water in entire HRBC Housing Estate and adjoining residential areas at Ichapur, Dumurjala, Howrah for about last 35 years. The relevant part of the Original Application enumerating grievances of the applicant is reproduced as under:-

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“We the re-habilitated evictees of aound 8000 people from Shibpur, Howrah-2 had to sacrifice our ancestral Lands & Properties for construction of 2^nd Hoogly River Bridge & its feeder Roads. We on the basis of repeated offers (verbally & with model-demonstration) by the then concerned Authorities that better living with all possible amenities & better life style was set to provide in HRBC Housing Estate, Dumurjala. We honored the proposal for construction of 2nd Hoogly River Bridge for the sake of national interest. Hence, on the date of eviction we were re-habilitated in 1542 Flats in 124 Blockbuildings each of four storied at IIIT Quarter in HRBC Housing Estate, Dumurjala under the supervision of Howrah Improvement Trust in 1980s against on spot Hire-purchase Agreement with monthly installments for 40 years but Registration & Mutation were kept pending till date, even Municipal service for the entire HRBC Housing Estate also was not provided officially till date, thus we the vast section of people are suffering for last 40 years. Hence, Registration & Mutation of the Flats are very much essential. We, since then have been treated as Refugee /2d class citizen though we are regular voters. Thus our great sacrifice has been continuing to be abused.

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We on-behalf of HIT Flat Dwellers Association/Howrah-711104 from HRBC Housing Estate & Lake View Housing Society, B 1, Drainage Canal Road, Howrah-711 104, Dream Land Housing Society, B1, Drainage Canal Road, Howrah-711104, Vivekananda Abasan, Howrah-711 101 & all the surrounding local Residents estimated to be around 30,000 people are to draw your personal attention on this hazardous drain water issue continuing since more than 35 years due to chocked Drainage-canal as well as due to faulty networks of internal Drainage system. The combined effluents of Drain-water & Sewerage-water including Rain-water flooded with Garbage from near by Vats is collectively falling at the Drainage-canal as being the only outlet for a vast area of 3 kms. radius consisting of 5 (five) Howrah Municipal Wards. On the basis of facts we are surprised that how the scientific parameters are maintained for "Ganga Action Plan (GAP) " to protect from pollution (photographs of over-flooded Drain-water & over-flooded Vats are attached) !! We twice have narrated everything to "SORASORI MUKHYOMANTRI PORTAL" on 16-03-2024 & on 28-05-2024 & simultaneously we approached most of the under-mentioned & concerned Authorities also but no appreciable result is found till date.

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1) Huge sludge deposited in the Drainage Canal (double-barrel) became solidified & stagnant that has been left year after year. As a result huge discharge of polluted effluents coming down from the vast areas, which back-flows from drainagecanal due to sludge blockade. Thus the entire effluents overflows continuously & enters into our Ground-Floor Rooms including underground Drinking water Reservoirs in HRBC Housing Estate & surrounding areas. Consequently, Groundfloor rooms & underground Drinking-water Reservoirs often flooded with polluted sewerage-effluents repeatedly. It has been observed that the effluents are highly toxic & hazardous with obnoxious smell which corrodes & irritates our skin, moreover Road side saplings (small plants) also die in its contact, so radiation/emission of high risk gasses are evitable.

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Hence, we would invite attention of WBPCB to monitor the level of pollutants in waste-water as well as Ambient & Fugitive Air quality may please be studied in these area to assess the precautionary measures to save us from health-hazard.

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2) Thus daily-life of all the effected marooned people becomes paralyzed & most of our children become sick. Even hospitalization of serious patients becomes impossible due to stagnant waist-deep hazardous sewerage-water, even the Ambulances / Vehicles can not ply.

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3) Continuous inaction & reluctant attitude of the concerned administrative authorities like HIT (KMDA)/Howrah, HMC/Howrah & HRBC/Kolkata since last 40 years is very insulting & is contrary to Govt. Policy. We are compelled to mention once again that we the HIT Flat dwellers sacrificed our ancestral Lands & Properties for National interest for construction of 2 Hoogly River Bridge moreover, Nabanna Bhaban the main administrative building for Govt. of West Bengal is also situated in it.

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Hence, we once again would request the concerned authorities to resolve the issues immediately. To tackle the huge rush of drainwater; we suggest that if nearby all the similar High Drains can be inter-connected to disperse the poisonous waste-water. Meanwhile, we would appeal to you to arrange a joint meeting with all the concerned dignitaries in this context at your convenience please.”

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Vide order dated 21.08.2025, this Tribunal ordered issuance of notices to the respondents requiring them to file their reply affidavits within four weeks which period was extended by subsequent orders.

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In the course of hearing, report dated 28.11.2025 has been filed by respondent no. 1-West Bengal State Pollution Control Board, report dated 01.12.2025 has been filed by respondent no. 5-the District Magistrate and Collector, Howrah and counter affidavit dated 09.02.2026 has been filed by respondent no. 2-Irrigation and Waterways Department, Government of West Bengal.

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Respondent no. 1-West Bengal State Pollution Control Board and respondent no. 5-the District Magistrate and Collector, Howrah have submitted in their reports that in compliance with the directions of this Tribunal, a Fact-Finding Committee was constituted to investigate the allegations made in the present case which submitted report dated

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14.11.2025. The relevant part of the report of the Fact-Finding Committee

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is reproduced as under:-

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“ 2. FINDINGS OF THE INSPECTION

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The allegation in the instant O.A. is regarding Ichapur Drainage Canal. The Committee's key findings are as follows:

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It is alleged that water logging occurs during rainy season at the site. However, no water logging was observed at the site during inspection. However, no water logging was observed at the site during inspection.

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No uncleared municipal solid waste was observed at three municipal vats situated within the complex and no such obnoxious smell was felt near the vat during inspection. Remedial measures taken by the Howrah Municipal Corporation to get rid of water logging problem was observed.

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The areas under question are not under the territorial jurisdiction of the Irrigation and waterways Department. Howrah Municipal Corporation maintains double vent drain which outfalls drain channel No. VI of Howrah Drainage Channel, at downstream of Padmapukur Railway yard Shalimar-Santragachi South-Eastern Railway Line. Branch Channel VI is maintained by Irrigation & Waterways Department including periodic de-siltation (After at least 3 years, interval as per existing norms and periodic removal of water hyacinths under Annual Maintenance Contract.

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Very recently branch channel VI has been de-silted. The details of the scheme are as follows:

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Name of Work:

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De-siltation of Branch Channel VI of Howrah drainage Channel. (length 2250M) within Ward No. 41,45 under Howrah Municipal Corporation, P.S. AJC Bose Botanical Garden, District- Howrah.

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Amount of Work Rs. 1,27,36,918.00 Date of Commencement: 08-05-2025. Date of completion: 03-11-2025

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As stated earlier periodical cleaning of Water Hyacinths and floating objects are done regularly through an Annual Maintenance Contract to keep the channel free from obstruction due to accumulation of floating objects.

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Construction of new pumping station at 72 Bus Stand which acts as force main for discharge accumulated drain water is completed and is functioning properly.

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Newly constructed pumping station at HIT quarters which acts as force main discharged accumulated drain water is completed and is functioning properly.

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Newly constructed pumping station at LRS Academy will act as force main for discharge accumulated drain water is completed. Only electrification work is due. It will start functioning in the month of January 2026.

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Time to time cleaning of the secondary transport points (STP) have been done through out the day as and when required for.”

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Respondent no. 2- Irrigation and Waterways Department, Government of West Bengal filed counter affidavit dated 09.02.2026 mentioning that photographs of latest di-siltation work of Branch Channel No. VI undertaken by Irrigation and Waterways Department have been enclosed with the report of the Fact-Finding Committee. Respondent no. 2- Irrigation and Waterways Department, Government of West Bengal has relied on the same and adopted the report of the FactFinding Committee.

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None has appeared for the applicant and no objections to the report of the Fact-Finding Committee has been filed so that there is no ground to doubt the correctness thereof. Consequently, the report of the FactFinding Committee deserves acceptance and due credence.

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We are of the considered view that in view of the remedial measures mentioned in the report of the Fact-Finding Committee to have been taken, no further action is required to be taken by this Tribunal on the present Original Application which is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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April 09^th , 2026 Original Application No.140/2025/EZ SN

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H I T Flat Dwellers Association Dumurjal Howrah v. State of West Bengal

Case brief

What is this about?

What did the court decide?

H I T Flat Dwellers Association Dumurjal Howrah v. State of West Bengal

Case brief

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