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2024 Supreme(Online)(NGT) 2155
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Nabendu Kumar Bandopadhyay – Appellant
Versus
Additional Chief Secretary, The Department of Environment, Govt. of West Bengal – Respondent
Original Application No.64/2022/EZ|Civil Appeal No.86 of 2024
For the Applicant(s): Ms. Malabika Roy Dey
For the Respondent(s): Mr. Sibojyoti Chakraborty, Mr. Dipanjan Ghosh, Mr. Amales Ray, Ms. Mousumi Bhowal, Mr. Pinaki Misra, Mr. Ashok Panigrahi, Ms. Paushali Banerjee
Land classification from pond to homestead upheld if change predates 24.03.1986 cut-off under Rule 166, verified by municipal records and site inspection; no merit in waterbody protection claim.
Headnote:(A) West Bengal Land Reforms Act, 1955 - Sections 4C, 4(4), 51A(4), 50(1)(f) - West Bengal Land Reforms Manual - Rule 166 - Environmental protection - Waterbody preservation - Land classification dispute - Land recorded as 'Pukur' (pond) in earlier records but shown as constructed/vacant land in municipal records of 1948 and 1971 - Change in classification from 'Pukur' to 'Bastu' (homestead land) upheld where change occurred before cut-off date 24.03.1986 - Rule 166 permits correction of records if change in land use predates 24.03.1986 or occurred in usual course of nature, due to urbanisation, or with reasonable cause - No waterbody found during joint field inspection - Original application alleging filling of waterbody dismissed based on documentary evidence including municipal assessment rolls, mutation certificates, and revenue proceedings. (Paras 9-12, 23-26, 28)
(B) National Green Tribunal - Jurisdiction - Restoration by Supreme Court - Tribunal to conduct inquiry in accordance with law - Overwhelming documentary evidence prevails over misconception in revenue records - No merit where site verified as vacant land with no waterbody. (Paras 2, 22, 27-28)
Facts of the case:
Applicant alleged filling of 10-acre waterbody/pond (Dag No.732) within larger 21-acre premises. Respondents, including municipality, land owners, and revenue authorities, submitted records showing plot as constructed/vacant since 1948/1971, not a pond; classification corrected from 'Pukur' to 'Bastu' post-inquiry; joint inspection confirmed no waterbody.
Findings of Court:
Land was plain vacant with constructions in 1971, before 24.03.1986 cut-off; correction of records valid under Rule 166; no waterbody exists; allegations based on misconception.
Issues: Whether disputed plot is protected waterbody being illegally filled; validity of reclassification from pond to homestead land.
Ratio Decidendi: Land records can be corrected from 'Pukur' to 'Bastu' if change predates 24.03.1986, supported by pre-cut-off municipal records and field verification; environmental claim dismissed on factual evidence.
Result: Original Application dismissed. No order as to costs. (Para 28)
| Table of Content |
|---|
| 1. restoration of oa by supreme court for inquiry. (Para 1 , 2 , 3 , 4) |
| 2. municipal records confirm non-waterbody status. (Para 5 , 6 , 7 , 8 , 16 , 18) |
| 3. land records corrected from pukur to bastu. (Para 9 , 10 , 11 , 12 , 13 , 14 , 19 , 20 , 21) |
| 4. landowners' title via conveyance deeds. (Para 15 , 17) |
| 5. land vacant pre-1986 cutoff per rule 166. (Para 22 , 23 , 24 , 25 , 26) |
| 6. oa dismissed for lack of merit. (Para 27 , 28 , 29 , 30) |
ORDER
1. Ms. Malabika Roy Dey, learned Counsel is present for the Applicant.
2. The Original Application No.64/2022/EZ was earlier disposed of by the Tribunal vide its order dated 27.05.2022. The aforesaid order was put to challenge before the Hon’ble Supreme Court in Civil Appeal No.86 of 2024 (Nabendu Kumar Bandyopadhyay Vs. The Additional Chief Secretary & Ors.) and the Hon’ble Supreme Court set aside the order of the Tribunal dated 27.05.2022 vide its judgment and order dated 04.01.2024 and restored the said Original Application to the file of the Eastern Zone Bench of the National Green Tribunal, Kolkata, with a further direction to the Tribunal to hold an inquiry in accordance with law and to decide the Original Application filed by the Appellant.
3. The allegation of the Applicant in the Original Application is that a property measuring about 10 acres is a waterbody/pond situated at Dag No.732, Mouza-Purba Sinthee, Dum Dum Cossipore Road, under Police Station-Dum Dum, Kolkata-700074, and the said property is also situated at Premises No.100, Dum Dum Cossipore Road (corresponding premises no.35, Dum Dum Cossipore Road), having a total area of 21 acres, which includes Dag Nos.639, 682, 655, 731, 651, 653, 656, 657, 659, 660, 661, 724, 725, 726, 732 and 733 under Khatian Nos.1031, 1034, 1041, 1033, 1034, 1042, 1044, 1034, 1037, 1040, 1032, 1035, 1045, 1280, 1281, 1282, 1283 and 1284, is being filled-up.
4. Thereafter, I.A. No.16/2024/EZ was filed by M/s Annex Commotrade Private Ltd., stating that it is one of the land owners in Dag No.732 of Mouza-Purba Sinthee, Premise No.100, Dum Dum Cossipore Road, therefore, it may be impleaded in the array of Respondents and be heard. The said Impleadment Application was allowed by the Tribunal vide its order dated 08.02.2024 and M/s Annex Commotrade Private Ltd. was impleaded as Respondent No.7.
5. The stand of the Respondent No.4, South Dum Dum Municipality, in its affidavit dated 23.04.2024 is that as per Assessment Roll of South Dum Dum Municipality in the year 1948 and in the year 1971, Dag No.732 was not a pond or water body. The Municipal Assessment Record has been filed at page no.75 of the paper book, wherein the plots in question are shown to be constructed – rooms, compartments, building shed, parking room, printing room, bedroom etc. It is also stated that M/s Annex Commotrade Private Ltd., and 42 other companies, to whom the title of the land in question was transferred, gave notice of such transfer in writing to the Executive Officer, South Dum Dum Municipality and also submitted 4 (four) Deeds of Conveyance in terms of the provisions of Section 116 sub-section (5) of the West Bengal Municipal Act, 1993. The Executive Officer, South Dum Dum Municipality, recorded the transfer of property in the assessment record and Mutation Certificate No.A-71548 dated 19.02.2020 has been issued in the name M/s Annex Commotrade Pvt. Ltd., and 42 others.
6. In the affidavit, it is also stated that the land owners, namely, M/s Annex Commotrade Pvt. Ltd. and 42 other companies moved an application under Rule 4 of the West Bengal Municipal (Building) Rules, 2007, for approval of building sites and for permission to construct buildings in the prescribed Form-A. It is further stated that the municipal authorities also issued Site Plan which was duly sanctioned vide Building Plan No.1107 dated 08.07.2020 for permission to erect new building with multiple blocks.
7. It is also stated that on the petitioner’s complaint dated 14.03.2022 to the municipal autho
