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2022 Supreme(Online)(NGT) 1677

Item No. 02 (Court No. 1)

BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH (By Video Conferencing)

Original Application No. 14/2017/EZ Tribunal on Its Own Motion Applicant Versus State of West Bengal & Ors. Respondent(s)

Date of hearing: 23.05.2022 CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER Mr. Subhas Datta, Amicus Curiae Respondent: Mr. Rajib Ray, Advocate for R-1, 2, 4 & 5, Mr. Ashok Kumar Banerjee, Sr. Advocate a/w Ms. Paushali Banerjee Advocate for R-3, Mr. Dipanjan Ghosh, Advocate for R-8, Mr. Ashok Prasad, Advocate for R-10, 11 & 13

Advocates:
For the Petitioner:
For the Respondent: BIKAS KARGUPTA, BIKAS KARGUPTA, BIKAS KARGUPTA, BIKAS KARGUPTA, BIKAS KARGUPTA, BIKAS KARGUPTA, ASHOK PRASAD, ASHOK PRASAD, ASHOK PRASAD, SIBOJYOTI CHAKRABORTY, ARPITA CHAUDHARY, GCR CHOUDHURY, SABARNA ROY

ORDER

1. Proceedings in this matter were initiated on 18.07.2016 suo-moto when it came to the knowledge of the NGT Members at Kolkata Bench that severe pollution was taking place in Kestopur canal and Bagjola canal, adversely affecting the health of the inhabitants and the environment. It was seen that untreated effluents and sewage were being directly discharged into the said canals which were connected to river Ganga.

2. While issuing notice to the State of West Bengal and MoEF&CC, the Tribunal directed following steps:-

“

i) To prepare a topo map of the existing water body commencing from Ultadanga to the end i.e., Dum Dum Park.

ii) To prepare a DPR for the over bridge to be constructed from VIP road connecting Bangur township in place of the existing road.

iii) Lay at least 4 humes across the road connecting VIP road and Bangur township of the dimension referred to above to restore free flow of water as a temporary measure until the bridge at (ii) is completed.

iv) DPR for construction of outlet at Dum Dum park to connect Nayanjuli with Kestopur canal that falls into main Bagjola canal.

v) South Dum Dum Municipality shall ensure that the Nayanjuli commencing from Sribhumi park to Dum Dum park is made free and cleared of all aquatic plants at both the banks and de-silting work carried out throughout the stretch.

vi) They shall also measure the flood line of the water body and put up a proposal for beautification of the entire stretch leaving a set back of 3 meters from the flood line on either side and undertake massive plantation programme of fast growing local species for its conversion into an Eco Park.

vii) All building debris and garbage dumped in the water body at various places all along the surviving Nayanjuli, particularly at Bangur area, shall be removed immediately.

viii) We direct the Public Works Deptt., Govt. of West Bengal to assist the South Dum Dum Municipality in carrying out the job.”

3. The matter has been thereafter considered in the last more than five years. Considering the response of the State Authorities, directions for remedial action were given and thereafter status reviewed. It will suffice to refer to four latest orders dated 29.03.2021, 28.09.2021, 14.12.2021 and 08.02.2022 recording the progress.

14.07.2021

4. The Tribunal noted the progress in setting up of the ETP/STP to prevent discharge of untreated waste and sought current status of the work undertaken, with timelines. The Tribunal also sought the response of the NMCG to the proposal which was said to be pending before it.

23.09.2021

5. The Tribunal considered the response of the Urban Development and Municipal Affairs Department of West Bengal which did not show any meaningful progress. The Tribunal also noted that Irrigation and Waterways Department of West Bengal had not filed any response about the steps taken by the said Department. Stand of NMCG was that no proposal was pending with it as the canals were not tributaries of Ganga.

28.09.2021

6. The Tribunal noted the status of dredging and desilting of the canals in question. It was directed that after completing necessary procedure, the work must commence from 1st week of October, 2021. De- siltation work was directed to be commenced from December, 2021.

Action plan was directed to be finalised by the Irrigation Department.

14.12.2021

7. The Tribunal noted the proposal for desilting and other measures for cleaning of the canals and disposal of the silt. The Tribunal also noted the action plan of the Irrigation and Waterways Department on the issue and directed that the same may be submitted to the Finance Department. Urban Development Department was required to file further affidavit with timelines and budgetary support. It was also noted that a part of Kestopur Canal was meeting river Hooghly at Chitpur which required a lock gate arrangement during high tide.

08.02.2022

8. The Tribunal noted the steps proposed by the Urban Development Department on short term and long term basis on the issue of Solid W

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