JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER)__________________________________________________________________

Reserved On: - 23^rd August, 2022 Pronounce On: - 30^th 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. The allegations raised in this Original Application are that the Respondent Nos. 8, 9 and 10 are raising illegal constructions and filling the construction material in Bill (Big Pond/Vast Water Reservoir) which is connected with the Damodar Valley Corporation Canal.

3. The Applicants are co-owners of Plot No. 88, JL. No. 80 of Mouza, P.S. Singur under Baruipara Paltagarh Panchayat and have been using this water body as a source of irrigation for their agricultural fields but due to the illegal activities of the Respondent Nos. 8, 9 and 10, the said Bill is being destroyed.

4. At the time of admission, notices were issued to the Respondent Nos.8, 9 & 10, returnable within four weeks and Respondent Nos.1 & 2, represented through their Counsel, were directed to conduct a site inspection of the Bill in question and ascertain as to whether any illegal construction is being made by the Respondent Nos.8 , 9 & 10 and as to whether a Grill Factory is functioning in the area near to the plot in question and that construction material is being deposited in the said Bill in violation of the Construction and Demolition (C&D) Waste Management Rules, 2016. The Respondent Nos.1 & 3 were also directed to ascertain the damage caused to the waterbody and calculate the Environmental Compensation which may be recovered from the violators.

5. In response an affidavit dated 19.07.2021 has been filed by the Respondent No.3, District Magistrate, Hooghly, stating therein that on receiving directions from the National Green Tribunal, the Block Development Officer and the Block Land & Land Reforms Officer, Singur, were directed vide order dated 07.07.2021 to cause a field inspection and prepare a comprehensive report on the illegal construction of Grill Factory and dumping/deposition of construction material in the Bill (Big Pond/Vast Water Reservoir), including whether all the documents pertaining to the Trade Licence, Consent to Establish, Consent to Operate and Land Conversion Certificate etc. have been issued by the Competent Authorities. Notice was also caused to be served on the Respondent Nos.8, 9 & 10 to stop filling up of the said Bill connected with the Damodar Valley Corporation (DVC) canal and not to make any illegal construction over the alleged scheduled property and to produce the requisite documents as mentioned above. The affidavit further discloses that the Block Development Officer and Block Land & Land Reforms Officer, on verification of the area submitted a comprehensive Status Report which is extracted herein below: -

“(A) From the report of the Block Development Officer, Singur, vide Memo No.1426/S dated 13.07.2021, it transpires the following: -

(i) That, almost 50 ft. Long and 20 ft. Width area have been occupied on the water body after filling in the land and the work of Grill Factory is going on.

(ii) That, as the water body is obstructed after illegal construction, flow area of water naturally reduces to upstream.

(iii) That, the agricultural land in the vicinity of the schedule land is directly affected due the lack of water.

(iv) That, on the inspection of the records the BDO, found that there is no Trade Licence issued by the Singur Panchayat Samity.

(B) From the report of the Block Land & Land Reforms Officer, Singur, vide Memo No.431/LR/Singur/2021 dated 08.07.2021, it transpires the following: -

(i) That from field enquiry report, the suit Plot/Property has been