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2022 Supreme(Online)(NGT) 1094
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............
ORIGINAL APPLICATION No.108/2021/EZ IN THE MATTER OF:
Rasulpur Dana Welfare Society Through its President Having its registered office at Village-Baidyadanga, P.O.-Rasulpur, District-Purba Bardhaman-713151 ....Applicant(s)
Versus
1. West Bengal Pollution Control Board Through the Chairman, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata-700106
2. The Panchayat Pradhan Nimo-I, Memari-1, Purba Bardhwan-713151
3. District Magistrate, Purba Bhardhaman-713101
4. The Central Pollution Control Board Through the Chairman, Paribesh Bhawan, Maharshi Valmiki Marg, East Arjun Nagar, Vishwas Nagar, Shahdara, New Delhi-110032
5. The Block Land and Land Reforms officer, Memari-1, Purba Bhardhaman-713146
6. District Land and Land Reforms Officer, Rajbari, Purba Bhardhaman-713101
7. Parbati Ghosh, Daughter of Nitya Gopal Ghosh Village Baidyadanga, Rasulpur, Burdawan-713151
8. Haru Ghosh, Village Baidyadanga, Rasulpur, Burdawan-713151 9. Anukul Biswas, Village Baidyadanga, P.O. Rasulpur, P.S Memari, District-Burdawan-713151 ....Respondent(s)
COUNSEL FOR APPLICANT:
Ms. Paushali Banerjee, Advocate COUNSEL FOR RESPONDENTS:
Mr. Dipanjan Ghosh, Advocate for R-1, Mr. Sibojyoti Chakraborty, Advocate for R-3, 5 & 6, Mr. Rajib Ray, Advocate for R-4, Mr. Somnath Ghosh, Advocate a/w Ms. Tapti Sarkar, Advocate for R-7 & 8, Mr. Sandip Ghosh, Advocate a/w Mr. Partha Sarkar, Advocate &
Ms. Mousaumi Chatterjee, Advocate for R-9
JUDGMENT
PRESENT:
HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)
HON’BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER)__________________________________________________________________
Reserved On: - 27th July, 2022 Pronounce On: - 1st August, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)
Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant alleging that Respondent Nos. 7, 8 & 9 are destroying the two ponds in the Dag No. 463 and Dag No. 25, J.L. No. 135, Mouza- Baidyadanga under Memari-I Block, Rasulpur in Purba Bardhaman and are converting the two ponds into garbage dumps. It is further alleged that unauthorized and illegal constructions are being raised by them in collusion with Respondent No. 2, the Panchayat Pradhan Nimo-1, Memari-I, Purba Bardhaman, destroying the two ponds.
3. Notices were issued to the Respondents and respondents have filed their affidavits.
4. A Report dated 10.12.2021 has been filed by the Block Land and Land Reforms Officer, Purba Bardhaman, Memari-I, Memari, Purba Bardhaman along with the affidavit dated 14.12.2021 of the Respondent No.6, Additional District Magistrate & District Land and Land Reforms Officer, Purba Bardhaman. This letter which is addressed to the Additional District Magistrate and District Land and Land Reforms Officer, Purba Bardhaman, confirms that eight persons had tried to fill up the Plot No. 463 of Mouza-Baidyadanga, J.L. No. 135 and FIR’s have been lodged against them. It was also noted in the report that on enquiry of Plot No. 25 of Mouza- Baidyadanga, J. L. No. 135, it has been found that one Anukul Biswas was attempting to fill the western side of the pond and notice had been issued to him earlier on 04.07.2016 to stop such work. It is also stated that there is a Kachcha Road on the western side of the pond and the remaining area has been filled with garbage and bushes. This confirms the allegations made by the Applicant. However, the report of the Block Land and Land Reforms Officer, Purba Bardhaman, was scanty in information in as far as the total area of the pond; how much of the area has been filled up with garbage and bushes and how much area has been utilized for construction of Kachcha Road is not stated. The area encroached is not clearly mentioned. Since, this report did not disclose the complete facts and also whether penalty/fine had been imposed on the encroachers over the waterbody and whether encroachers have been removed, the Tribunal directed the District Magistrate, Purba Bardhaman to file a fresh affidavit.
5. In response, affidavit dated 24.05.2022 has been filed by Respondent No.5, District Magistrate, Purba Bardhaman, stating therein that in pursuance of the letter of Block Land & Land Reforms Officer, Memari-I, an enquiry was conducted by the Revenue Inspector and as per the enquiry report a notice was issued to Anukul Biswas (Respondent No.9) to stop filling the pond in question. Another enquiry was conducted on 31.03.2022 and enquiry report dated 01.04.2022 has been submitted, from which it is seen that the total area of the Plot No.25 is 0.44 acres; a waterbody exists on 0.36 acres and 0.06 acres of the area at the eastern side of the pond is filled up with earth and is used as ‘Pukur Par’ and road, and 0.02 acres of area on the western side is filled up and is being used as a Kachha road. It is stated that the recorded Raiyat namely Amit Kumar Ganguly, Ashim Kumar Ganguly, Ashish Kumar Ganguly and Asit Kumar Ganguly were issued notices under Section 4C (5) of the West Bengal Land Reforms Act, 1955 dated 17.05.2022, for restoration of the waterbody but the Revenue Inspector was informed that the recorded raiyats had already sold the land to others namely Sujit Gho
