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2025 Supreme(Online)(NGT) 74
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Subhas Datta – Appellant
Versus
Ministry of Environment, Forests & Climate Change – Respondent
Original Application No.65/2024/EZ
For the Applicant: Mr. Subhas Datta
For the Respondents: Mr. Dibyendra Narayan Ray, Mr. Sourav Haldar, Mr. Rajib Ray, Mr. Sibojyoti Chakraborty
The court upheld the responsibilities of the Garden authorities to manage and restore biodiversity while denying allegations of negligence and illegal activities.
Headnote:(A) Environmental Protection Act - Sections pertaining to conservation of botanical gardens - Allegation regarding conversion of Indian Botanic Garden into a Park, damaging biodiversity, illegal cutting of trees, and concerns regarding green cover addressed. The Tribunal found no substantial grounds for interventions as the Garden is under restoration post-cyclone Amphan. (Paras 1 - 35)
(B) Biodiversity and Conservation - The historical significance and mandate for conservation maintained by the AJC Bose Indian Botanic Garden were upheld, while disputes over maintenance and allegations were found without merit. (Paras 17, 37 - 43)
Findings of Court:
The allegations made by the Applicant were denied by the Ministry, emphasizing ongoing conservation and maintenance efforts, and overall management of the garden was established without any violation of environmental norms.
Issues: The main concerns raised were about environmental damage due to alleged negligence, maintenance of biodiversity, and unauthorized activities.
Ratio Decidendi: The court emphasized the authority's approach towards managing the garden post-natural calamities and clarified that ongoing and planned restoration efforts are adequate.
Result: Original Application dismissed.
| Table of Content |
|---|
| 1. allegations of environmental degradation and conversion of the garden into a park. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court findings on garden management and restoration efforts. (Para 17 , 18 , 22 , 23) |
| 3. dismissal of the application based on appreciation of facts. (Para 45) |
ORDER
1. Heard Mr. Subhas Datta, the Applicant, appearing in person, as well as Mr. Dibyendra Narayan Ray, learned Counsel appearing (in Virtual Mode) assisted by Mr. Sourav Haldar, learned Counsel (in Virtual Mode) for the Respondent Nos.1,3&4, Ministry of Environment, Forest & Climate Change, Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for Respondent Nos.2&5, State Respondents, Government of West Bengal, and Mr. Sibojyoti Chakraborty, learned Counsel appearing for Respondent No.6, West Bengal Pollution Control Board.
(Final order of this case will be uploaded in the NGT website by separate sheets of paper)
ORDER
1. The Applicant, who is appearing in person, has filed the present Original Application, alleging that the historic and heritage Indian Botanic Garden, Howrah, is being converted into a ‘Park’ and the green cover oxygen hotspot of the Calcutta city is thereby reducing very fast.
2. It is further alleged that the Garden had been set-up for conservation and preservation of research oriented rare plants by introducing rare, endangered and threatened plant species in the Garden but now the Garden is being converted into a Park with avenue plants and common plants thereby disturbing the biodiversity of the area.
3. It is also alleged that there are total 24 lakes in the Garden which are connected to each other through underground pipes, connecting indirectly to river Ganga through circular canal which was a good source of fertile surface water for the plants but the inter-connectivity of the lakes has now been destroyed because the water of the lakes has become stagnant causing damage and pollution to the lake water. It is also stated that the said circular channel, other than a very small portion on the southern side of the Garden, is completely lost and has become part of the land area of the Garden where waste materials are being dumped.
4. It is also alleged that the lock gate through which water used to be introduced into the Leeram Lake has been converted into a concrete car parking space.
5. The allegation further is that small roads and footpaths inside the Garden have been repaired with bitumen/asphalt by operating hot- mix plant which was ultimately restrained by the Hon’ble Calcutta High Court by restricting the entry of motor vehicles inside the Garden other than for very important/urgent official purposes. Thereafter, the green vehicles (battery/electric) were introduced for visitors to the Indian Botanic Garden. It is alleged that these green battery/electric operated vehicles have now been discontinued.
6. It is also alleged that the metallic road cover is an obstruction for rain water seepage into the ground.
7. It is also alleged that there is reckless burning of fossil fuel inside the Garden for which the authorities had also put up notice board on 15.11.2022 to check the smoking of cigarette/biri.
8. Illegal cutting of trees such as – Mahogony and Sandal Wood is also alleged and it is stated that in this regard a Complaint Case No.136/2022 had been filed in the Court of the Chief Judicial Magistrate, Howrah.
9. It is also alleged that thousands of trees have been cut down and heaped at different locations of the Garden and are also being used for construction of tables and chairs inside the Garden. It is stated that JCB, Brush cutter, Chainsaw etc. are also being used inside the Garden.
10. In addition, Mr. Subhas Datta, the Applicant, submitted that timber of Mahogony tree is being illegally used for making round tables, sitting arrangements, swing at the spot named as Cafeteria, though there is no authorization or Government approval for internal use of valuable timber inside the Garden.
11. Reference has also bee
