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2023 Supreme(Online)(NGT) 503
Item No.05 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
M.A. No.40/2022/EZ In Original Application No.14/2017/EZ In the matter of:
Tribunal on its own Motion Re:Kestopur/Bagjola Canal etc.
……..Applicant(s)
Versus
1. State of West Bengal, Through the Principal Secretary, Department of Environment, Government of West Bengal, 415/A, Poura Bhawan, FD Block, 4th Floor, Salt Lake, Kolkata-700106
2. State of West Bengal, Through the Principal Secretary, Public Works Department, Government of West Bengal, Nabanna, 325, Sarat Chatterjee Road, 8th Floor, Shibpur, Howrah-711102
3. State of West Bengal, Through the Principal Secretary, Department of Urban Development, Government of West Bengal, Nagarayan Bhavan, Block-DF-8, Sector-I, Salt Lake City, Kolkata-700064
4. The Irrigation & Waterways Department, Through its Secretary, Government of West Bengal, 9, Galiff Road, Kolkata-700003
5. The Executive Engineer, Canal Division, The Irrigation & Waterways Department, Government of West Bengal, 9, Galiff Road, Kolkata-700003
6. South Dum Dum Municipality, Through its Chairman, Nagar Bazar, Dum Dum Road, Kolkata-700074
7. The Commissioner of Police, Bidhan Nagar Police Commissionerate, Broadway Road, JB Block, Sector-III, Salt Lake City, Kolkata, West Bengal-700098
8. West Bengal Pollution Control Board, Through its Member Secretary, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhan Nagar, Kolkata-700098
9. Union of India, Through the Secretary, Ministry of Environment, Forests & Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110003
10. Ministry of Water Resources, River Development & Ganga Rejuvenation Rear Wing, Third Floor, MDSS Building, 9 CGO Complex, Lodhi Road, New Delhi-110003
11. National Ganga River Basin Authority, Ministry of Water Resources, River Development & Ganga Rejuvenation, Rear Wing, Third Floor, MDSS Buiulding, 9 CGO Complex, Lodhi Road, New Delhi-110003
12. The Programme Director, State Programme Management Group, West Bengal, National Ganga River Basin Authority, Nagarayan Bhavan, 6th Floor, DF-8, Sector-I, Salt Lake, Kolkata-700064
13. National Mission for Clean Ganga Authority, Ministry of Water Resources, River Development & Ganga Rejuvenation, 1st Floor, Major Dhayan Chand National Stadium, India Gate, New Delhi-110002 ……..Respondent(s)
Date of hearing: 12.04.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s) :Suo Motu Mr. Subhas Datta, Amicus Curiae For Respondent(s) :Mr. Rajib Ray, Advocate for R-1, 2, 3, 4 & 5 Ms. Paushali Banerjee, Advocate R-3, Mr. Dipanjan Ghosh, Advocate for R-8, Mr. Ashok Prasad, Advocate for R-10,11 & 13
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 the liscause 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 KestopurCanal and BagjolaCanal,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 Ministry of Environment, Forests and Climate Change (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 Original Application No.14/2017/EZ was disposed of by this Tribunal vide its judgment and order dated 23.05.2022 with the following observations: -
“12. Having regard to the disappointing state of affairs depicted above, we direct the Chief Secretary, West Bengal to forthwith hold a meeting with the concerned Departments and finalize an action plan for restoration of the canals in question, which may include preventing and remedying pollution, preventing and removing encroachments and taking action against violators as well as colluding erring officers who have failed to implement the directions of the Hon’ble Supreme Court inter-alia in Paryavaran Suraksha Samiti vs. Union of India, [(2017) 5 SCC 326], fixing deadline of 31.03.2018 for setting up of necessary pollution control devices to prevent discharge of untreated sewage/effluents into the canals, rivers, waterbodies, followed by orders of this Tribunal,including recent orders of the Tribunal dated 31.01.2022 and 09.05.2022 in O.A. No. 10/2016/EZ, JoydeepMukharjee vs. UOI &Ors. dealing with the pollution of Mahananda River.
13. Learned Amicus has rightly suggested that there has to be a plan to prevent and remove encroachments from the buffer zones of the canals, in the larger interest of water availability and the water quality.
14. The Chief Secretary may review the existing monitoring mechanism including setting up of CCTV cameras at suitable locations, constitution of a special task force with specified responsibilities and accountabilities for the failure, periodical review at appropriate higher level not below the level of Principal Secretary to the Government, sanction of necessary funds and execution of action plan. Needless to say, these are inalienable Government functions not only for good Governance but also mandatory obligation under the Constitution. Failure may show the Government in poor light causing damage to public health and resources of the State. Thus, we expect prompt and meaningful action at the highes
