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2024 Supreme(Online)(NGT) 2657

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
BINAY BASFORE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
For the Petitioner: RABINDRA KR JAISWAL, RABINDRA KR JAISWAL
For the Respondent:

ORDER

1. The allegation of the Applicant in the present Original Application is that the Respondent No.12, Mohammad Moinuddin Ansari, is filling up a pond measuring about 20 decimals situated in L.R. Dag No.305/477, L.R. Khatian No.1128, J.L. No.32, Police Station- Sankrail of Mouza-Banipur, District-Howrah. It is stated that the Respondent No.12 is the owner of the „Pukur Par‟ (Pond) in question which is recorded as such in the Record of Rights.

2. It is alleged that the Respondent No.12 had constructed a brick boundary wall on the said „Pukur Par‟ against which a writ petition being W.P.A. (P) No.13 of 2022 was filed by the Applicant. It is stated that in the said Writ Petition, a Report in the form of affidavit dated 16.03.2022 was filed by the Block Land and Land Reforms Officer and Special Revenue Officer-II, Sankrail, District-Howrah, stating therein that there is a bamboo fencing between 9268 square feet/21.27 decimal (approx..) and 1038 square feet (approx.) of „Pukur‟/Pond and on both sides of the fencing the Pukur is filled with water hyacinth. It was stated that on the north-eastern side 3330 square feet (approx.) area is filled with piled up rubbish as noticed during phys

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