Back
2024 Supreme(Online)(NGT) 708
Item No.08 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.64/2022/EZ IN THE MATTER OF:
Shri Nabendu Kumar Bandopadhyay Son of Late Nikhil Chandra Banerjee, Residing of 3rd Floor, B-35/8, Kalindi Housing Estate, Lake Town, PIN-700089 ........Applicant(s)
Versus
1. The Additional Chief Secretary, The Department of Environment, Govt. of West Bengal, At-Pranisampad Bhaban, Block-LB-II, Salt Lake City, Sector-III, Kolkata-700106;
2. The West Bengal Pollution Control Board, Service through the Member Secretary, Having its office at-Paribesh Bhawan, 10 A, Block-LA, Sector-III, Salt Lake City, Kolkata-700098;
3. State Environment Impact Assessment Authority (SEIAA), West Bengal Through its Member Secretary, Having office at Pranisampad Bhawan, Block (5th Floor), LB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata-700106;
4. The Executive Officer, South Dum Dum Municipality, Dum Dum Road, Nager Bazar, Kolkata-700074;
5. The Commissioner of Police, Barrackpore Commissionerate, B.T. Road, near Latbagan Main Gate, Barrackpore, Kolkata-700120;
6. Merlin Group, Service through its Managing Director, Having its Corporate Office at 2nd Floor, Merlin Oxford, 22, Prince Anwar Shah Rd., Rajendra Prasad Colony, Tollygunge, Kolkata, West Bengal-700033;
7. M/s Annex Commotrade Pvt. Ltd.
3A Auckland Place Suite No.3A, Kolkata-70017, Through its authorized signatory, Vimal Agarwal, Natural Heights, Phase-II, Block-3, Flat 5C, 137, VIP Road, Kolkata-700052;
8. District Magistrate, North 24 Parganas, Office of the District Magistrate, New Administrative Building, Barasat, North 24 Parganas, Kolkata-700124 ........Respondent(s)
Date of hearing: 02.05.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Ms. Malabika Roy Dey, Advocate For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for R-1,3,5&8, Mr. Dipanjan Ghosh, Advocate for R-2, Mr. Amales Ray, Advocate a/w Ms. Mousumi Bhowal, Advocate (in Virtual Mode) for R-4, Mr. Pinaki Misra, Sr. Advocate a/w Mr. Ashok Panigrahi, Advocate and Ms. Paushali Banerjee, Advocate for R-7,
For the Petitioner: DIPANKAR SAHA
For the Respondent:
ORDER
1. Ms. Malabika Roy Dey, learned Counsel is present for the Applicant.
2. The Original Application No.64/2022/EZ was earlier disposed of by the Tribunal vide its order dated 27.05.2022. The aforesaid order was put to challenge before the Hon’ble Supreme Court in Civil Appeal No.86 of 2024 (Nabendu Kumar Bandyopadhyay Vs. The Additional Chief Secretary & Ors.) and the Hon’ble Supreme Court set aside the order of the Tribunal dated 27.05.2022 vide its judgment and order dated 04.01.2024 and restored the said Original Application to the file of the Eastern Zone Bench of the National Green Tribunal, Kolkata, with a further direction to the Tribunal to hold an inquiry in accordance with law and to decide the Original Application filed by the Appellant.
3. The allegation of the Applicant in the Original Application is that a property measuring about 10 acres is a waterbody/pond situated at Dag No.732, Mouza-Purba Sinthee, Dum Dum Cossipore Road, under Police Station-Dum Dum, Kolkata-700074, and the said property is also situated at Premises No.100, Dum Dum Cossipore Road (corresponding premises no.35, Dum Dum Cossipore Road), having a total area of 21 acres, which includes Dag Nos.639, 682, 655, 731, 651, 653, 656, 657, 659, 660, 661, 724, 725, 726, 732 and 733 under Khatian Nos.1031, 1034, 1041, 1033, 1034, 1042, 1044, 1034, 1037, 1040, 1032, 1035, 1045, 1280, 1281, 1282, 1283 and 1284, is being filled-up.
4. Thereafter, I.A. No.16/2024/EZ was filed by M/s Annex Commotrade Private Ltd., stating that it is one of the land owners in Dag No.732 of Mouza-Purba Sinthee, Premise No.100, Dum Dum Cossipore Road, therefore, it may be impleaded in the array of Respondents and be heard. The said Impleadment Application was allowed by the Tribunal vide its order dated 08.02.2024 and M/s Annex Commotrade Private Ltd. was impleaded as Respondent No.7.
5. The stand of the Respondent No.4, South Dum Dum Municipality, in its affidavit dated 23.04.2024 is that as per Assessment Roll of South Dum Dum Municipality in the year 1948 and in the year 1971, Dag No.732 was not a pond or water body. The Municipal Assessment Record has been filed at page no.75 of the paper book, wherein the plots in question are shown to be constructed – rooms, compartments, building shed, parking room, printing room, bedroom etc. It is also stated that M/s Annex Commotrade Private Ltd., and 42 other companies, to whom the title of the land in question was transferred, gave notice of such transfer in writing to the Executive Officer, South Dum Dum Municipality and also submitted 4 (four) Deeds of Conveyance in terms of the provisions of Section 116 sub-section (5) of the West Bengal Municipal Act, 1993. The Executive Officer, South Dum Dum Municipality, recorded the transfer of property in the assessment record and Mutation Certificate No.A-71548 dated 19.02.2020 has been issued in the name M/s Annex Commotrade Pvt. Ltd., and 42 others.
6. In the affidavit, it is also stated that the land owners, namely, M/s Annex Commotrade Pvt. Ltd. and 42 other companies moved an application under Rule 4 of the West Bengal Municipal (Building) Rules, 2007, for approval of building sites and for permission to construct buildings in the prescribed Form-A. It is further stated that the municipal authorities also issued Site Plan which was duly sanctioned vide Building Plan No.1107 dated 08.07.2020 for permission to erect new building with multiple blocks.
7. It is also stated that on the petitioner’s complaint dated 14.03.2022 to the municipal authorities, an inspection of the site in question was carried out on 29.03.2022 and action taken report dated 19.04.2022 was also submitted. It is stated that in terms of the directions given by the Hon’ble Supreme Court, a field visit was also conducted on 23.06.2023.
8. It is also stated that subsequently the Record of Rights of 43 companies in LR/RS Plot No.732, has also been issued by the Additional District Magistrate and District Land and Land Re
