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2025 Supreme(Online)(NGT) 395
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. JUSTICE B. AMIT STHALEKAR, DR. ARUN KUMAR VERMA, JJ
DEBASIS DAS – Appellant
Versus
1. THE STATE OF WEST BENGAL – Respondent
231/2024 / KOLKATA
For the Petitioner: VIKRAM OJHA
For the Respondent:
The court upheld that all necessary permissions for tree felling were obtained under the West Bengal Trees Act, confirming compliance with environmental regulations.
Headnote:(A) West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 - Sections 9(4) and 9(5) - Allegations of illegal felling of trees - The applicant alleged that over 1000 trees were cut without permission; however, the court found that all necessary permissions were obtained and the plantation plan exceeded requirements. (Paras 1-34)
(B) Environmental Compliance - The court emphasized the importance of adhering to environmental norms and confirmed that the plantation plan was approved and would be executed as per regulations. (Paras 30-32)
Facts of the case:
The applicant alleged illegal felling of trees by a developer on property owned by the Rail Land Development Authority, claiming discrepancies in tree counts and permissions.
Findings of Court:
The court found no violations of environmental norms and confirmed that all necessary permissions were granted for tree felling and plantation.
Issues: The main issues included the legality of tree felling and whether proper permissions were obtained.
Ratio Decidendi: The court ruled that the necessary clearances were obtained as per the West Bengal Trees Act, and the plantation plan was compliant with legal requirements.
Result: The present Original Application is dismissed.
ORDER
1. Mr. Vikram Ojha assisted by Ms. Susama Roy, learned Counsel is present on behalf of the Applicant.
2. Ms. Sonal Sinha assisted by Ms. Shabnam Farooqui, learned Counsel appearing on behalf of the Respondent No.10, M/s PS Group Realty Pvt. Ltd. states that counter affidavit has been filed. Office of the Tribunal informs that the same has been put to defect as the requisite fees have not been deposited.
3. Let the requisite fees be deposited within the course of the day.
4. Ms. Sonal Sinha, learned Counsel states that in spite of efforts being made by her to deposit the requisite fees, she has been informed by the office of the Tribunal that the Portal is not functional.
5. We therefore accept the hard copy of the affidavit dated 25.03.2025 on record.
6. Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.7, Howrah Municipal Corporation states that she has instructions that Howrah Municipal Corporation will adopt the Joint Committee Report and therefore separate affidavit is not required.
7. Heard learned Counsel for the parties.
(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper)
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B. Amit Sthalekar, JM
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Dr. Arun Kumar Verma, EM
March 27, 2025, Original Application No.231/2024/EZ SKB Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.231/2024/EZ In the matter of:
Debasis Das Son of Sri Jawhar Das Residing at 115, G. T. Road (N), Salkia, Post Office – Salkia, Police Station – Golabari, District – Howrah – 711106 …. Applicant(s)
Versus
1. The State of West Bengal Represented by the Chief Secretary, Government of West Bengal, Having its office at Nabanna (13th Floor), 325, Sarat Chatterjee Road, Shibpur, Howrah – 711 102
2. Ministry of Environment, Forests and Climate Change Government of India, Service through its Deputy Director General, Integrated Regional Office, Kolkata, IB-198, Sector – III, Salt Lake City, Kolkata – 700 106
3. Central Pollution Control Board Represented by its Member Secretary, Having its office at Parivesh Bhavan, East Arjun Nagar, Delhi – 100032
4. Department of Environment, Government of West Bengal, Through its Principal Secretary, Having office at Pranisampad Bhawan, Block (5th Floor), IB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata – 700106
5. West Bengal Pollution Control Board Represented by its Member Secretary, Having office at Paribesh Bhavan, 10A, Block-1A, Sector-III, Salt Lake City, Kolkata – 700106
6. District Magistrate, District - Howrah Having its office at 6, Rishi Bankim Chandra Road, Post & PS – Howrah, District - Howrah – 711 101
7. The Commissioner of Howrah Municipal Corporation Having its office at 4, Mahatma Ganghi Road, Post & PS - Howrah, District - Howrah – 711 101
8. Principal Chief Conservator of Forests & HoFF, West Bengal Having its office at Aranya Bhawan, LA-10A Block, Sector – III, Salt Lake, Kolkata – 700106
9. The Chief Project Manager of Rail Land Development Authority Having its office at Unit No.702-B, 7th Floor, Konnectus Tower-II, DMRC Building Ajmeri Gate, New Delhi – 110002
10. M/s PS Group Realty Pvt. Ltd.
Represented through its Chairman Prashant Chopra, and Its Managing Director Gaurav Dugar, Having their registered office at 1002 E M Bypass, Kolkata, West Bengal - 700105
11. The Divisional Forest Officer, Howrah Division Having office at 5, M. G. Road, Dalmia Park, Stadium Complex, 1st Floor, Howrah – 711 101 …. Respondent(s)
Date of hearing: 27.03.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Vikram Ojha, Adv, a/w Ms. Susama Roy, Adv.
For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1,4,6,8 & 11, Mr. Ashok Prasad, Adv. for R-3 (in Virtual Mode), Mr. Ayush Kumar Dadhich, Adv. for R-5 (in Virtual Mode), Ms. Amrita Pande
