Pond restoration upheld; boundary walls allowed in residential areas for security; ongoing monitoring against filling and pollution required.

ORDER

1. Affidavit dated 17.10.2024 has been filed on behalf of the Respondent No.12, Mohammad Moinuddin Ansari; the same is taken on record.

2. Another affidavit dated 29.01.2024 has been filed by the Respondent No.12, Mohammad Moinuddin Ansari; the same is taken on record.

(Final order of the said case will be uploaded in website in separate sheets of paper).

..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM January 30, 2025, Original Application No.88/2024/EZ SKB Item No.08 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.88/2024/EZ In the matter of:

Binay Basfore Son of Rajesh Basfore, Residing at Post and Village Banipur, District – Howrah, Pin – 711304 …. Applicant(s)

Versus

1. State of West Bengal Through the Additional Chief Secretary, Department of Environment, Having office at 5^th Floor, Pranisampad Bhawan, Block – LB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata – 700106

2. Block Development Officer, Sankrail Block Having its office at Andul Argori, P.O. Andul, P.S. - Sankrail, Howrah – 711302

3. The Additional Chief Secretary Department of Land & Land Reforms & Refugee Relief & Rehabilitation, Government of West Bengal, Having its office at Nabanna, 6^th Floor, 325, Sarat Chatterjee Street, Howrah – 711102

4. The Additional Chief Secretary Department of Fisheries, Government of West Bengal, Having its office at Benfish Tower, 31 GN Block, 8^th Floor, IT Building, Salt Lake, Sector V, Kolkata – 700091

5. The District Magistrate, Howrah Having its office at New Collectorate, 77, Rishi Bankim Chandra Road, Howrah, West Bengal – 711101

6. The Commissioner, Howrah Police Commissionerate, Having its office at 28 No. Nityadhyan Mukherjee Road, Howrah – 711101

7. Inspector-in-Charge Sankrail Police Station, NH-6, Dhulagarh, P.O. – Sankrail, Howrah Rural, Sankrail, West Bengal Pin – 711313

8. The BL & LRO, Sankrail Howrah, West Bengal - 711304

9. The Secretary, Banipur (I) Gram Panchayat Post Banipur, Police Station – Sankrail, Howrah - 711304

10. The Pradhan, Banipur (I) Gram Panchayat Post Banipur, Police Station - Sankrail, Howrah – 711304

11. The Member Secretary Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032

12. Mohammad Moinuddin Ansari, S/o Late Mohammad Harik, Kathshiri, Village and Post - Banipur, Police Station – Sankrail, Howrah – 711304

13. The Member Secretary West Bengal State Pollution Control Board …. Respondent(s)

Date of hearing: 30.01.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Ankur Sharma, Adv.

For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for State Respondents, Mr. Dipanjan Ghosh, Adv. for R-11, Ms. Rashhmi Singhee, Adv. for R-12, Mr. Sibojyoti Chakrabarti, Adv. for R-13 (in Virtual Mode)

ORDER

1. The allegation of the Applicant in the present Original Application is that the Respondent No.12, Mohammad Moinuddin Ansari, is filling up a pond measuring about 20 decimals situated in L.R. Dag No.305/477, L.R. Khatian No.1128, J.L. No.32, Police Station- Sankrail of Mouza-Banipur, District-Howrah. It is stated that the Respondent No.12 is the owner of the „Pukur Par‟ (Pond) in question which is recorded as such in the Record of Rights.

2. It is alleged that the Respondent No.12 had constructed a brick boundary wall on the said „Pukur Par‟ against which a writ petition being W.P.A. (P) No.13 of 2022 was filed by the Applicant. It is stated that in the said Writ Petition