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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, Department of Environment, Govt. of West Bengal – Respondent
| 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 , 16 , 18) |
| 3. land records corrected from pukur to bastu pre-1986 (Para 9 , 10 , 11 , 12 , 19 , 20) |
| 4. field inspections confirm no waterbody exists (Para 13 , 14 , 15 , 17 , 21) |
| 5. rule 166 permits pre-1986 land use correction (Para 22 , 23 , 24 , 25 , 26) |
| 6. oa dismissed due to misconception (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 Applica
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