Item No.08 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.16/2024/EZ (I.A. No.44/2024/EZ)

In the matter of:

Md. Humayun Abbas Son of late Md. Abbas Of 7, Tiljala Place, Kolkata – 700017 and also Of 51K, Shamsul Huda Road, Police Station Karaya, Kolkata - 700017 .... Applicant(s)

Versus

1. West Bengal Pollution Control Board Through its Member Secretary

2. Central Pollution Control Board Regional Office, Kolkata

3. Commissioner (deleted vide order Presidency Division, dated 25.04.2024)

Kolkata

4. Rehan Javed

44D, Shamsul Huda Road, P.S. – Karaya, Kolkata – 700017

5. Irfan Javed

44D, Shamsul Huda Road, P.S. – Karaya, Kolkata – 700017 6. Javed Akhtar

44D, Shamsul Huda Road, P.S. – Karaya, Kolkata – 700017

7. Kolkata Municipal Corporation Through Commissioner, (R-7 added vide order

5, S. N. Banerjee Road, dated 25.04.2024)

Kolkata – 700013 .... Respondent(s)

Date of hearing: 23.04.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s) : Mr. Zafar Mobin, Adv.

For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1, Mr. Dipanjan Ghosh, Adv. for R-2, Mr. Kallol Basu, Adv. a/w Mr. Nilanjan Pal, Adv., Mr. Shareq Siddique, Adv. and Ms. S. Alam, Adv. for R-4, 5 & 6 Ms. Paushali Banerjee, Adv. for R-7 (in Virtual Mode),

ORDER

1. Mr. Zafar Mobin, learned Counsel is present on behalf of the Applicant.

2. The Original Application No.16/2024/EZ was taken up on a letter petition dated 12.12.2023 filed by the Applicant, Md. Humayun Abbas, stated to be the resident of 7, Tiljala Place, P.S.-Karaya, Kolkata – 700017.

3. In the complaint it is alleged that illegal construction of unauthorized building was being carried out at Premises No.7, 7A, 7B, 7C, 7D, Tiljala Place now numbered as 7A Tiljala Place, P.S.- Karaya, Kolkata – 700017, by (1) Rehan Javed, (2) Irfan Javed and (3) Javed Akhtar, who are residing at Premises No.44D, Shamsul Huda Road, P.S.-Karaya, Kolkata – 700017. It is also alleged that the aforesaid persons have encroached and converted 17 cottahs water tank/pond into low land by filling debris, mud, rags etc.

4. The Tribunal directed the parties to file the counter affidavits. The counter affidavits and responses have been filed by the State Respondents as well as by the Private Respondents against whom allegations have been made.

5. Today a Supplementary affidavit dated 22.04.2025 has been filed on behalf of the Respondent Nos.4, 5 and 6, Private Respondents wherein a copy of the order of the Hon’ble Calcutta High Court dated 02.04.2025 passed in W.P.A. 9743 OF 2024 Md. Mukhtar Khan Vs. State of West Bengal & Ors. has been annexed which reads as under :-

“W.P.A. 9743 OF 2024 [Md. Mukhtar Khan Vs. State of West Bengal & Ors.]

02.04.2025 Sl.No.39 Ct.3/tkm Mr. Baidurya Ghosal Mr. Sourav Mukherjee Mr. Saikat Mukherjee Ms. Anupama Biswas .... for the Petitioner Mr. Biswajit Mukherjee Mr. Atis Kr. Biswas .... for KMC Mr. Arjun Roy Mukherjee .... for the State Mr. Arindam Banerjee Mr. Shareq Siddique Ms. S Alam .... for Respondent Nos.10 to 13 Mr. Subit Majumdar .... Special Officer

1. The Special Officer has filed his report. The counsel for the petitioner is asked whether he wishes to file his exception to the Special Officer’s report, Learned counsel for the petitioner does not wish to file the same.

2. Petitioner has preferred the present writ petition alleging unauthorized illegal construction being raised in premises no.

7,7A,7B,7C,7E,7F, Tiljala Place, PS Karaya Kolkata 700017.

3. It is the case of the petitioner that illegal construction is being carried out by the private respondent nos. 10 to 13.

4. This court vide order dated 25.2.2025 had recorded the submission of the counsel for the KMC wherein it is stated that relevant building is being constructed in accordance with plan sanctioned by the corporation.

5. It is further submitted that the plan was sanctioned with the condition tha