24.02.2025 Court No.6 BP C.O. 627 of 2025 Mallika Das -versus-

Sri Ankur Sharma & Ors.

Mr. Sambuddha Dutta Mr. Arkaprava Sen Mr. Satyantan Kar … for the petitioners Mr. Kalyan Bandyopadhyay, Ld. Sr. Adv.

Ms. Sonal Sinha Mr. Sirsanya bandyopadhyay Mr. Arka Kumar Nag Mr. Rahul Kumar Singh ..for the State and East Kolkata Wetlands Management Authority, the Respondent no.6 Mr. Arjun Roy Mukherjee Mr. Jaydeev Medhi ..for the West Bengal Pollution Control Board Mr. Sandipan Das ..for the respondent no.1 Mr. Indradip Das ..for the respondent nos. 16, 24 The order dated 9th December, 2024 passed by the National Green Tribunal, Eastern Zone Bench, Kolkata in Original application No.01/2024/EZ is under challenge in this application under Article 227 of the Constitution of India. By the said order the Tribunal directed the District Magistrate, South 24 Parganas to file their affidavit showing compliance of the request of the East Kolkata Wetlands Management Authority.

The petitioners claim to be the owner of a portion of L.R. Dag No. 234 corresponding to R.S. Dag No. 156 within Mouza Atghara under Police Station Sonarpur measuring about 2 cottahs 40 sq. ft. adjacent to the 20 ft public pathway by virtue of a two registered deed of conveyance being no.3375/2018 and 3376/2018. The petitioners claim to have constructed a three storied residential building on the said property. The petitioners allege that the respondent authorities are taking steps to demolish the said construction without following the principles of natural justice.

Mr. Dutta, learned advocate appearing for the petitioners submits that the petitioners were not impleaded as party in the Original Application before the National Green Tribunal. The orders were passed by the National Green Tribunal behind the back of the petitioners. By placing reliance upon Section 19 of the National Green Tribunal Act, 2010 Mr. Dutta contended that the Tribunal shall be guided by the principles of natural justice. He places reliance upon decision of the Hon‟ble Supreme Court in the case of West Bengal Electricity Regulatory Commission vs. CESC Ltd. reported in (2002) 8 SCC 715 in support of his contention that where the statute itself confers right upon the person in conformity with the principles of natural justice the court cannot deny such right.

He, therefore, submits that this Court under Article 227 of the Constitution of India should entertain the challenge thrown by the petitioners against the order passed by the National Green Tribunal in spite of the fact that there is an appellate remedy provided under the said statute.

Mr. Bandyopadhyay, learned senior counsel representing the State respondent and the respondent no.6 submits that a committee was formed pursuant to an order passed by the Hon‟ble Division Bench in a public interest writ petition being WPA (P) 358 of 2023 in the case of Priyanjana Majumder & Anr. vs. The State of West Bengal & Ors. wherein the Hon‟ble Division Bench opined that a vigilance team can be formed by the 2^nd respondent authority by drawing the officers from the Environment Department as well as from other departments including the officers from the office of the District Magistrate as well as the officials of the Department of Fisheries. He submits that pursuant to a direction passed in the said public interest litigation a vigilance team was constituted and inspections were carried out and order has been passed by the Chief Technical Officer, East Kolkata Wetlands Management Authority (for short „EKWMA‟) on 22^nd December, 2023 after hearing the petitioners. He submits that after following the principles of natural justice the order dated 22nd December, 2023 was passed directing the petitioners to restore the land to its original character or mode of use within the time limit mentioned in the said order. He further submits that since the directions contained in the order dated 22nd December, 2023 was not carried out the District Magistrate, South 24 Parganas p