Local authorities must comply with Solid Waste Management Rules, 2016, to prevent environmental degradation and health risks; failure results in penalties.

ORDER

1. Mr. Krishnendu Bera, learned Counsel is present (in Virtual Mode) for the Applicant.

2. Mr. Sibojyoti Chakraborty, learned Counsel and Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of the Respondent Nos.1 and 2, State Respondents and Respondent No.3, West Bengal Pollution Control Board respectively; the same are taken on record.

3. Affidavit dated 13.01.2025 has been filed by the Respondent No.5, Panchayat Pradhan, Nabagram Gram Panchayet; the same is taken on record.

4. Affidavit dated 15.01.2025 has been filed by the Respondent No.2, District Magistrate & Collector, Hooghly District; the same is taken on record.

5. Affidavit dated 16.01.2025 has been filed by the Respondent No.3, West Bengal Pollution Control Board; the same is taken on record.

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

..................................... B. Amit Sthalekar, JM …..........................................

Dr. Afroz Ahmad, EM January 17, 2025, Original Application No.211/2024/EZ OM Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.211/2024/EZ IN THE MATTER OF Dr. Srikanta Samanta (Principal), Nabagram Hiralal Paul College, Konnagar, Hooghly, West Bengal - 712246 ……….Applicant(s)

Versus

1. Principal Secretary, Department of Environment, Government of West Bengal

2. District Magistrate/Collector, Hooghly, West Bengal

3. West Bengal Pollution Control Board, Through its Member Secretary

4. Central Pollution Control Board, Through its Member Secretary

5. Nabagram Panchayat, Through Panchayat Pradhan 15A, Bankim Chatterjee Road, P.O.- Nabagram, P.S.- Uttarpara, Dist.- Hooghly - 712246 ………..Respondent(s)

Date of hearing: 17.01.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s) : Mr. Krishnendu Bera, Advocate (in Virtual Mode) For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for R-1 & 2, Mr. Dipanjan Ghosh, Advocate for R-3, Mr. Surendra Kumar, Advocate for R-4 (in Virtual Mode), Mr. Sudip Kr. Dutta, Advocate for R-5 (in Virtual Mode)

ORDER

6. This Original Application was registered on the basis of a letter petition dated 28.08.2024 received in the office of the Tribunal and sent by Dr. Srikanta Samanta, the Principal, Nabagram Hiralal Paul College, Konnagar, Hooghly – 712246, West Bengal, alleging therein that there was a dumping ground located near the southern boundary wall of the College that was posing a serious environmental problem by way of health risk, aesthetic degradation having adverse environmental impact. It was alleged that the accumulation of waste was leading to foul odour and was attracting pests contributing to health hazards for students, staff of the College as well as local residents; the open dumping of waste was causing environmental degradation including soil and water contamination and the unsightly appearance of the dumping ground was adversely affecting the visual appearance of the College and its surrounding areas. It was stated that several complaints were made in the past to the local authority but no action was taken.

7. At the time of admission, this Tribunal also constituted a Committee with a direction to inspect the site in question and submit its Fact Finding Report with regard to the allegations made in the letter petition in the Original Application. The members of the Committee were as under:-

(i) Collector & District Magistrate, Hooghly, or his representative not below the rank of Additional District Magistrate;

(ii) Senior Scientist, West Bengal Pollution Control Board; and (iii) Senior Scientist, Central Pollution Control Board.

8. Affidavit dated 13.01.2025 has been filed by the Respondent No.5, Panchayat Pradhan, Nabagram Gram Panchayet wherein it is stated that the said Panchayet is not dumping any waste at the site in question and that the Gram Panchayet has already entered i