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2024 Supreme(Online)(NGT) 1501

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
SUSHIL KUMAR JAIN – Appellant
Versus
THE PRINCIPAL SECRETARY WEST BENGAL BIODIVERSITY BOARD – Respondent


Advocates:
For the Petitioner: AMRITA PANDEY
For the Respondent:

ORDER

1. Heard Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) for the Applicant.

2. The Applicant is stated to be a flat owner in a ground floor flat being Flat No. D2 and 106, Rajat Gardens, 21, Ballygunge Park Road, P.S. – Karaya, Kolkata – 700019. It is stated that at the time of construction of the building at premises No.21, Ballygunge Park Road, Kolkata-700019 there were fully grown trees standing there and the same were protected during construction of the apartments and made part of the common area by the Promoter for beautification of the building which was constructed about 21 years ago i.e. 2002. It is stated at that time there were large number of trees in the premises which was also shown in the brochure of the building at the time of selling the flats. It is, however, alleged that the Respondent No.7 has started removing/felling the trees or cutting its branches so that the trees may finally wilt or dry out and the open space is being converted into a concrete space by clearing vegetation. It is stated that the uprooting of the trees is in violation of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act 2006 and no prior permissi

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