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2024 Supreme(Online)(NGT) 2279
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Subhas Datta – Appellant
Versus
Ministry of Environment, Forests & Climate Change – Respondent
Original Application No.65/2024/EZ
For the Applicant(s): Mr. Subhas Datta, in person
For the Respondent(s):Mr. Dibyendra Narayan Ray, Adv., Mr. Sourav Haldar, Adv., Mr. Rajib Ray, Adv., Mr. Sibojyoti Chakraborty, Advocate
NGT dismissed allegations of botanical garden degradation post-cyclone, accepting Joint Committee findings refuting violations and affirming conservation efforts, basic visitor amenities, and authority discretion without judicial micromanagement.
Headnote:(A) National Green Tribunal - Original Application - Environmental protection - Allegations of degradation of historic botanical garden through conversion to park, loss of green cover, destruction of lake interconnectivity, illegal tree felling, use of machinery, parking construction, discontinuation of eco-vehicles, and other violations post-cyclone - Tribunal constitutes Joint Committee for site inspection whose report refutes major allegations confirming ongoing conservation efforts, functional sluice gates and lakes, disposal of cyclone-fallen trees via proper channels, eco-friendly road repairs, and minimal visitor facilities with approvals - No environmental violations found warranting intervention; basic amenities for high visitor footfall permissible with authority sanction; internal use of fallen timber not faulted; cyclone recovery ongoing with new plantations of endemic/threatened species. (Paras 13-45)
(B) Judicial Review - Scope in environmental matters - Tribunal not to micromanage garden authorities' expertise in maintenance, invasive species removal, machinery use, or facility decisions absent proven illegality; competent authorities decide SOPs for fallen trees without judicial mandate. (Paras 39-44)
Facts of the case:
Applicant alleged transformation of heritage botanical garden into recreational park reducing biodiversity, stagnating lakes by destroying interconnectivity and canal to river, asphalt roads blocking seepage, fossil fuel burning, illegal tree cutting including valuable species, scattered logs, machinery use, unauthorized cafeteria from timber, parking over sluice gate, discontinued green vehicles, tall lamp posts disturbing fauna, and abandoned structures/museum theft. Respondents countered with cyclone damage necessitating clearance and replanting, functional water systems, approved disposals/amenities, and conservation mandate fulfillment. Joint Committee inspection on 16.04.2024 largely corroborated respondents.
Findings of Court:
All allegations addressed and refuted; no directions issued except expedited decision on old structure restoration; application lacks merit.
Issues: Whether alleged activities violated environmental norms warranting Tribunal intervention; validity of garden management's post-cyclone measures including tree disposal, facilities, and maintenance.
Ratio Decidendi: Absent evidence of illegality, Tribunal desists from directing operations in specialized conservation areas; explanations on cyclone recovery, functional infrastructure, approved uses, and visitor necessities suffice; ongoing processes like log auctions and cleaning adequate.
Result: Original Application dismissed. (Para 45)
| Table of Content |
|---|
| 1. garden conversion harms biodiversity and water systems. (Para 2 , 3 , 4 , 11) |
| 2. infrastructure changes damage environment and trees. (Para 5 , 6 , 7 , 8 , 9 , 10 , 12) |
| 3. joint committee verifies site conditions. (Para 13 , 14 , 15) |
| 4. post-amphan replanting conserves threatened species. (Para 17 , 18 , 22 , 27) |
| 5. lakes interconnected and maintained regularly. (Para 23 , 24 , 25) |
| 6. eco-friendly road repairs and green vehicles. (Para 26 , 32) |
| 7. fallen timber use authorized for facilities. (Para 28 , 29 , 30 , 31 , 40) |
| 8. non-environmental issues need no intervention. (Para 33 , 34 , 35 , 41 , 42 , 43 , 44) |
| 9. no violations warrant tribunal directions. (Para 37 , 38 , 45) |
ORDER
1. The Applicant, who is appearing in person, has filed the present Original Application, alleging that the historic and heritage Indian Botanic Garden, Howrah, is being converted into a ‘Park’ and the green cover oxygen hotspot of the Calcutta city is thereby reducing very fast.
2. It is further alleged that the Garden had been set-up for conservation and preservation of research oriented rare plants by introducing rare, endangered and threatened plant species in the Garden but now the Garden is being converted into a Park with avenue plants and common plants thereby disturbing the biodiversity of the area.
3. It is also alleged that there are total 24 lakes in the Garden which are connected to each other through underground pipes, connecting indirectly to river Ganga through circular canal which was a good source of fertile surface water for the plants but the inter-connectivity of the lakes has now been destroyed because the water of the lakes has become stagnant causing damage and pollution to the lake water. It is also stated that the said circular channel, other than a very small portion on the southern side of the Garden, is completely lost and has become part of the land area of the Garden where waste materials are being dumped.
4. It is also alleged that the lock gate through which water used to be introduced into the Leeram Lake has been converted into a concrete car parking space.
5. The allegation further is that small roads and footpaths inside the Garden have been repaired with bitumen/asphalt by operating hot- mix plant which was ultimately restrained by the Hon’ble Calcutta High Court by restricting the entry of motor vehicles inside the Garden other than for very important/urgent official purposes. Thereafter, the green vehicles (battery/electric) were introduced for visitors to the Indian Botanic Garden. It is alleged that these green battery/electric operated vehicles have now been discontinued.
6. It is also alleged that the metallic road cover is an obstruction for rain water seepage into the ground.
7. It is also alleged that there is reckless burning of fossil fuel inside the Garden for which the authorities had also put up notice board on 15.11.2022 to check the smoking of cigarette/biri.
8. Illegal cutting of trees such as – Mahogony and Sandal Wood is also alleged and it is stated that in this regard a Complaint Case No.136/2022 had been filed in the Court of the Chief Judicial Magistrate, Howrah.
9. It is also alleged that thousands of trees have been cut down and heaped at different locations of the Garden and are also being used for construction of tables and chairs inside the Garden. It is stated that JCB, Brush cutter, Chainsaw etc. are also being used inside the Garden.
10. In addition, Mr. Subhas Datta, the Applicant, submitted that timber of Mahogony tree is being illegally used for making round tables, sitting arrangements, swing at the spot named as Cafeteria, though there is no authorization or Government approval for internal use of valuable timber inside the Garden.
11. Reference has also been made to the order of the Hon’ble Calcutta High Court and it is submitted that as per the order of the Hon’ble High Court no restaurant or cafeteria type of entertainment facility is allowed inside the Botanical Garden. Howev
