Partly allowed

Sibnath Chakraborty v. State of West Bengal through the Chief Secretary

NGT7 Apr 2026Original Application No. 91/2025

Case brief

AI extract

What is this about?

The applicant withdrew the original application concerning garbage dumping and potential filling of a water body in Howrah. The tribunal recorded the withdrawal but directed the SPCCB and District Magistrate to implement recommendations from the fact-finding committee regarding the alleged encroachment.

What did the court decide?

Dismissed the application as withdrawn; directed respondent no.3 and respondent no.5 to implement recommendations of the fact-finding committee.

Sibnath Chakraborty vs State of West Bengal through the… — Environment and Pollution | NGT (2026)

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Item No.06

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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.91/2025/EZ

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Sibnath Chakraborty Applicant

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Versus

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The State of West Bengal & Ors. Respondents

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Date of hearing: 07.04.2026

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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: Mr. Ankur Sharma, Advocate for the applicant (through VC).

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Respondents: Mr. Rajib Ray, Adv for respondents no.1, 2, 4, 5, 6, 8 & 9 (through VC). Mr. Sibojyoti Chakrabarti, Advocate for respondent no.3 (through VC). Ms. Amrita Pandey, Advocate for respondent no.7 (through VC). Ms. Kalpana Chatterjee (physically in EZB) along with Mr. Krishnendu Bera, Advocate (through VC) on behalf of respondent no.11. None for respondents no.10, 12, 13 & 14.

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ORDER

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The applicant filed the present Original Application under Section 18(1) read with Sections 14 and 15 and 18 (2) of the National Green Tribunal Act, 2010 raising grievances regarding dumping of garbage and attempt to fill up a huge water body/pond admeasuring about 14 Cottahs at holding No.253, Sarat Chatterjee Road (Formerly: 325, Circular Road), P.S. Chatterjeehat erstwhile Shibpur, Howrah-711102 (Ward No. 38) and recorded in R.S. Plot nos. 89, 90 and 118 (L.R. Plot nos. 85, 100 and 143), Mouza Sheet No.85, JL No. 1. Shibpur.

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Vide order dated 07.08.2025, this Tribunal ordered issuance of notices to the respondents and constituted a fact-finding Committee.

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In the course of hearing, report of the fact-finding Committee was filed by the District Magistrate and Collector, Howrah. In its report, the fact-finding Committee recorded its findings and made recommendations and the relevant part of the report is reproduced as under:-

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“ 3. FINDINGS OF THE INSPECTION

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The site in question is an alleged pond located at 253, Sarat Chatterjee Road, P.S. Chatterjee Hat. Shibpur. Howrah. The Committee's key findings are as follows:

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Location and Surroundings: The site is bordered by residential buildings on three sides. An open drain runs along the fourth side. The plot information details are annexed as Annexure 'A-1'.

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Vegetation and Water Presence: The area was found to be densely covered with wild vegetation and hydrophytes, making it difficult to ascertain the presence of water or the exact dimensions of the water body.

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Solid Waste Dumping: Significant solid waste dumping was observed along the roadside edge of the alleged pond. A local resident informed the Committee that both nearby residents and external parties use the area for waste disposal.

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Domestic Effluent Discharge: A domestic waste outlet was identified, through which effluents may be flowing into the area.

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Satellite Imagery Analysis: Satellite imagery, annexed as Annexure 'A-2', shows that the water body has remained intact in its general area and dimensions since at least 2011. There is no visible evidence of a large-scale, deliberate filling of the water body over the past 14 years. However, the intermittent presence of vegetation is noted.

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4. RECOMMENDATIONS AND PROPOSED ACTIONS

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Based on the inspection and findings, the Committee recommends that the following authorities may take immediate and necessary action under the relevant provisions of the law:

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1. Howrah Municipal Corporation (HMC):

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Initiate action under the extant Laws and byelaws to address nuisances, pollution, and the improper maintenance or filling of ponds.

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2. Town Survey Unit, Howrah:

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Take action under the relevant provisions of the West Bengal Land Reforms Act, 1955, to address unauthorized conversion or filling of water bodies.

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3. Commissioner, Howrah Municipal Corporation (as Competent Authority):

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Impose Sections 5 and 17A of the West Bengal Inland Fisheries Act, 1984, which prohibit the discharge of polluting substances and the

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unauthorized conversion of water areas for purposes other than aquaculture.

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The Committee notes that the Assistant Director of Fisheries, Howrah, has already requested HMC to take necessary action vide letter no. 698/IF/Aug-07ADF/Howrah dated August 26, 2025, a copy of which is annexed as Annexure A-3.”

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Counter affidavit dated 27.01.2026 was filed by respondent no. 11Ashish Chatterjee and supplementary affidavit dated 06.08.2025 and rejoinder affidavit dated 24.11.2025 were filed by the applicant which have been taken on record.

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The applicant had mentioned in the Original Application that (i) Late Biswanath Chatterjee; (ii) Late Haribhola Chatterjee; (iii) Late Kanai Lal Hazra; (iv) Late Nemai Chandra Hazra; (v) Late Madan Mohan Sett; (vi) Shri Dipak Krishna Dhara; (vii) Smt. Sabita Mukherjee were recorded as owners of the land in question and the applicant had impleaded legal heirs of owners mentioned at serial no. (i) to (v) above but whereabouts of owners mentioned at serial no. (vi) and (vii) were not available with the applicant.

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In the revenue record, Dag No. 85 is recorded as Pukur and Dbipakachran Chattapadhyay, Nabindr Chattapadhyay, Satyabrat Chattapadhyay and Haribhola Cha are recorded as Raiter; Dag No. 100 is recorded as Pukur and Ajit Kumar Mukhopadhyay, Abani Kumar Mukhopadhyay and Tarak Mukhopadhyay are recorded as Raiter and Dag No. 143 is recorded as Pukur and Tarak Mukhopadhyay, Dbipakachran Chattapadhyay, Nabindr Chattapadhyay, and Ranisundari M are recorded as Raiter.

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When the applicant was asked to implead the above said persons or their legal representatives as they are necessary parties to just and proper adjudication of the substantial environmental questions involved in the case, the applicant has submitted that the present Original

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Application may be dismissed as withdrawn with liberty to file fresh Original Application on the same cause of action by impleading all the owners/legal representatives of owners and enclosing copies of the relevant documents with the same.

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In view of the above, the Original Application is dismissed as withdrawn with liberty as aforesaid.

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However, the respondent no. 3-West Bengal State Pollution Control Board and respondent no. 5-District Magistrate and Collector, Howrah are also directed to take appropriate action for implementation of the recommendations made by the fact-finding Committee in accordance with law.

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A copy of this order may be sent to the Member Secretary, West Bengal State Pollution Control Board and the District Magistrate and Collector, Howrah by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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April 07^th , 2026 Original Application No.91/2025/EZ SN

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Sibnath Chakraborty v. State of West Bengal through the Chief Secretary

Case brief

What is this about?

What did the court decide?

Sibnath Chakraborty v. State of West Bengal through the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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