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2024 Supreme(Online)(NGT) 1577
Item No.03 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.41/2024/EZ In Original Application No.173/2024/EZ IN THE MATTER OF An application Under Section 19(4)(k) read with Under Section 18 (1) of the National Green Tribunal Act, 2010 for modification of the Solemn Order dated
03.09.2024 passed by the Hon‟ble National Green Tribunal, Eastern Zone Bench, Kolkata in connection with the Original Application No. 173/2024/EZ;
AND Kolkata Municipal Corporation, Through its Municipal Commissioner, Office at - 5, S.N. Banerjee Road, Kolkata, Pin-700013 ……….Applicant(s)
Versus
1. Sushil Kumar Jain, Son of Late B.C. Jain, Residing at Ground Floor, Flat No.D2 & 106, Rajat Gardens, 21, Ballygunge Park Road, P.S. Karaya, Kolkata, Pin-700019
2. The Principal Secretary, Government of West Bengal, Department of Environment “Prani Sampad Bhavan”, 5th Floor, LB-2, Sector III, Kolkata, Pin-700106
3. The Member Secretary, West Bengal Pollution Control Board, Paribesh Bhavan, 10A, LA Block, Sector-3, Bidhan Nagar, Kolkata, Pin-700106
4. Senior Environmental Engineer & In-Charge, Kolkata Regional Office, West Bengal Pollution Control Board, “Mani Square”, Block No.8IT, Western Side, 8th Floor, 164/1, Maniktala Main Road, Kolkata, Pin-700054
5. District Magistrate, Collectorate Building, District-South 24 Parganas, Alipore, Kolkata, Pin-700027
6. The Officer-in-Charge, Karaya Police Station, 52, Karaya Road, Lower Range, Beckbagan, Ballygunge, Kolkata, Pin-700019
7. The Divisional Forest Officer, South 24 Parganas, New Administrative Building, 4th Floor, 12, Biplabi Kanai Bhattacharjee Sarani, South Block, Alipore, Kolkata, Pin-700027
8. Rajat Garden Residents’ Association, Served through the Secretary being Shri Amit Bagri, Secretary, Flat – 103 & 505 and President and Committee member Shri Alok Tiberwal Flat – 301 & 406 having its address at Rajat Gardens, 21 Ballygunge Park Road, P.S. – Karaya, Kolkata, Pin-700019 ………..Respondent(s)
Date of hearing: 03.10.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Sibojyoti Chakrabarti, Advocate (in Virtual Mode)
(in M.A. No.41/2024/EZ)
For Applicant(s) : Ms. Amrita Pandey, Advocate (in Virtual Mode)
(in O.A. No.173/2024/EZ)
For the Petitioner: AMRITA PANDEY
For the Respondent:
ORDER
1. The Original Application No.173/2024/EZ (Sushil Kumar Jain vs.
The Principal Secretary, Government of West Bengal and Ors.) was disposed of by this Tribunal vide order dated 03.09.2024 with the following directions:-
ORDER
“
03.09.2024 Para 4- We, accordingly dispose of this Original Application with the direction to the Municipal Commissioner of Kolkata Municipal Corporation to decide the Applicant’s complaint dated 03.07.2024 at page 44 and 45 of the paper book, in accordance with law having regards to the provision under West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act 2006, within a period of one month i.e. by 15.10.2024. Needless to say, the Municipal Commissioner will hear the Respondent No.7, Rajat Garden Residents’ Association as well as the Applicant before any order is passed”.
2. The Miscellaneous Application No.41/2024/EZ has been filed by the Municipal Commissioner, Kolkata Municipal Corporation stating therein that under Section 3(2) of the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006, the „Competent Authority‟ has been notified to be an authority to be appointed by the State Government by notification to perform the duties and exercise the powers conferred upon the authority under the Act.
3. It is stated that vide Notification Number 901, dated 01.03.2007 issued by the Forest Department, Government of West Bengal, the Competent Authority as per provisions of section 3(2) of the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act of 2006 has been notified as under:-
Name of the Competent Authority (1)
Jurisdiction (2)
1. Forest Range Officer
Rural Areas under the jurisdiction of the Forest Range Officer;
2. Divisional Forest Officer (Utilisation Division)
Kolkata Municipal Corporation Area;
3. Divisional Forest Officer
All other “Rural Areas” not covered by the jurisdiction of the Forest Range Officer and Municipalities/Corporations/Notified Area Authorities within his jurisdiction, except Kolkata Municipal Corporation area.
Thus, it is stated that as per the Notification Number 901, dated 01.03.2007, the „Competent Authority‟ for the Kolkata Municipal Corporation Area is the „Divisional Forest Officer‟, Utilisation Division.
4. It has therefore been prayed by the Applicant in this Miscellaneous Application that in place of Municipal Commissioner, appropriate direction may be given to the Divisional Forest Officer, Utilisation Division, Government of West Bengal to dispose of the application of the Applicant dated 22.07.2024 in the Original Application No.173/2024/EZ.
5. We have heard Mr. Sibojyoti Chakrabarti, learned Counsel appearing (in Virtual Mode) for the Kolkata Municipal Corporation in the Miscellaneous Application No.41/2024/EZ and have perused the documents on record.
6. Mr. Sibojyoti Chakrabarti, learned Cousel files Vakalatnama on behalf of the Kolkata Municipal Corporation; the same is taken on record.
7. The Miscellaneous Application No.41/2024/EZ is disposed of and it is directed that in the judgement and order of the Tribunal dated 03.09.2024, the directions issued to the Municipal Commissioner, Kolkata Municipal Corporation shall hereinafter be understood to be a direction issued to the Divisional Forest Officer, Utilisation Division, Government of West Bengal.
8. I.As., if any, stand disposed of accordingly.
9. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM October 03, 2024, Miscellaneous Application No.41/2024/EZ In Original Application No.173/2024/EZ OM
