BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............

ORIGINAL APPLICATION No. 174/2023/EZ IN THE MATTER OF: Sonjit Kumar Kayal, S/o Kundu Pada Kayal, R/o 169/1-B, Haridas Dutta Road, Ward No.6, P.O.-Joynagar-Majilpur, P.S.-South 24 Parganas, Pin – 743337, ....Applicant(s)

Versus

1. Department of Environment, Through its Principal Secretary, 5th Floor, Pranisampad Bhawan, Block-LB-II, Sector-III, Kolkata, Pin – 700106, 2. West Bengal Pollution Control Board, Service through its Chairman, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata, Pin - 700106, 3. Joynagar Majilpur Municipality, Through its Executive Officer, 14, N.S.C. Road, P.O.-Joynagar, Majilpur, P.S.-Joynagar, South 24 Parganas, Pin – 743337, 4. Arup Mondal, Proprietor of M/s Maa Kali Food Product, 169/1C, Haridas Dutta Road, Hazipara, P.S.-Joynagar, District-South 24 Parganas, Pin – 743337, 5. District Magistrate, South 24 Parganas, New Administrative Building, Alipore, Kolkata, ....Respondent(s)

COUNSEL FOR APPLICANT(S):

Ms. Paushali Banerjee, Advocate COUNSEL FOR RESPONDENT(S) :

Mr. Sibojyoti Chakraborty, Advocate for R-1, Mr. Dipanjan Ghosh, Advocate for R-2, Mr. Prithwish Basu, Advocate for R-4,

JUDGMENT

PRESENT:

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

HON’BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER)

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Reserved On:- January 31^st, 2024 Pronounce On:- February 12th, 2024 __________________________________________________________________

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 The present Original Application has been filed by the Applicant alleging that the Respondent No.4, Arup Mondal, Proprietor of M/s Maa Kali Food Product, is operating a Chanachur factory illegally which is situated only 4 feet away from his house.

2. It is alleged that emission from coal combustion generated during the operation of the said Chanachur factory is entering the house of the Applicant affecting his health as well as the health of his family. It is stated that the Applicant had submitted a complaint before the Respondent No.2, West Bengal Pollution Control Board, in this regard and an inspection was also directed to be held in terms of the order of the Pollution Control Board dated 20.02.2020 (page 19 of the paper book).

3. It is stated that the Respondent No.4 is continuing to operate his Chanachur factory illegally, therefore, the Applicant submitted another complaint on 08.04.2023 to the Environmental Engineer, West Bengal Pollution Control Board, through registered post, copies of which have been filed as Annexure E (page 28, 29 and 30 of the paper book). Thereafter, proceedings were held on 24.08.2023 in the Pollution Control Board. The Record of Proceedings with Observation, Remarks and directions read as under:-

“Record of Proceedings Mr. Sonjit Kumar Kayal, complainant, appeared in person. Mr. Arup Mondal, proprietor of M/s Maa Kali Food Product, appeared in person.

This is a complaint against a chanachur manufacturing unit allegedly causing air pollution in the surrounding area during their operations.

This complaint was previously heard by the Public Grievance Cell of the State Board on 17/01/2020 wherein the Environmental Engineer & In-charge of Alipore Regional Office of the State Board was requested to cause an inspection through their good office. Officials of Alipore Regional Office, WBPCB thereafter caused an inspection on 06/06/2023. Excerpts from the inspection report are given below:

Observation:

[A] Sources of generation of It is a small chanachur manufacturing unit liquid waste (per day about 50 kg as stated during inspection). Source of waste water is only