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

Original Application No.185/2023/EZ In the matter of:

Shiyarketiya Yubashakti Seba Samiti ........Applicant(s)

Versus

1. Member Secretary, West Bengal Pollution Control Board, Paribesh Bhawan, Sector-III, Salt Lake, Bidhannagar, Kolkata-700106;

2. District Magistrate, Jhargram, Office of the District Magistrate & Collector, Jhargram, West Bengal-721514;

3. M/s Deven Enterprises, Shiyarketia, P.O.-Bhandaru, P.S.- Binpur, Jhargram, West Bengal ........Respondent(s)

Date of hearing: 16.04.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Ayush Kumar Dadhich, Advocate for R-1, Mr. Rajib Ray, Advocate for R-2 (in Virtual Mode), Mr. Rahul Ganguli, Advocate for R-3 (in Virtual Mode)

ORDER

1. This Original Application is being taken up in view of a complaint letter sent by Shiyarketia Yubashakti Seba Samiti dated 29.10.2023 received in the Office of the Tribunal on 21.11.2023. The members of the Applicant’s Samiti are stated to be villagers residing in Village Shiyarketia, P.O.-Bhandaru, P.S.-Binpur, District-Jhargram, West Bengal.

2. The allegation of the Applicants is that at Jawahar Ganj near the Shiyarketia Shishu Shiksha Kendra (SSK), a charcoal manufacturing company has initiated its operations a few months ago which is emitting hazardous gases, particularly during the evening, causing severe health concerns for the residents of the village.

3. It is also alleged that the primary raw material utilized by this factory is wood tree trunks and this practice is causing worry about potential deforestation in the near future.

4. The following parties have been impleaded in the array of Respondents:-

1. West Bengal Pollution Control Board, through its Member Secretary, Kolkata; and

2. District Magistrate, Jhargram, 5. The Tribunal also constituted a Committee comprising of the following Members:-

(i) Senior Scientist, West Bengal Pollution Control Board; and (ii) District Magistrate, Jhargram, or is representative not below the rank of Additional District Magistrate.

6. The Committee was directed to visit the site in question and submit its Inspection Report.

7. Affidavit dated 07.02.2024 has been filed by Respondent No.2, District Magistrate, Jhargram, informing that inspection of the area has been carried out in terms of the order of the Tribunal dated

09.01.2024.

8. Affidavit dated 23.02.2024 has been filed by the West Bengal Pollution Control Board. Along with this affidavit, an Inspection Report of an inspection carried out on 29.01.2024 has been filed which reads as under:-

“Inspection Report Reference of Inspection : Direction of Hon’ble NGT (EZB-

Kolkata), O.A. No.185/2023/EZ dated 09.01.2024 in connection with public