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2024 Supreme(Online)(NGT) 2995
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
Original Application No.64/2022/EZ|Civil Appeal No.86 of 2024
For Applicant(s): Ms. Malabika Roy Dey
For 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 correction from pond to homestead valid if change predates 24.03.1986 cut-off under Rule 166, supported by municipal records and field inspection confirming no waterbody.
Headnote:(A) West Bengal Land Reforms Act, 1955 - Sections 4C, 4(4), 4D, 50(1)(f), 51A(4) - West Bengal Land Reforms Manual - Rule 166 - Environmental protection - Water body preservation - Land classification - Plot recorded as pond in earlier records but shown as developed land with constructions in municipal assessment rolls of 1948 and 1971 - Change in classification from 'Pukur' (pond) to 'Bastu' (homestead) upheld as occurring before cut-off date 24.03.1986 - Rule 166 permits correction of records where change predates 24.03.1986 or due to natural course, urbanisation, or developmental activities - No waterbody observed in joint field inspection - Original application alleging filling of waterbody dismissed. (Paras 9-12, 25-28)
(B) National Green Tribunal - Jurisdiction - Inquiry directed by Supreme Court - Overwhelming documentary evidence including municipal records, mutation certificates, revenue proceedings, and field reports establishing no waterbody existence - Application filed on misconception regarding revenue records - No merit in allegations of illegal filling. (Paras 2, 22-28)
Facts of the case:
Applicant alleged that a 10-acre waterbody/pond was being filled up, based on certain revenue records showing plot as 'Pukur'. Respondents produced municipal assessment records (1948, 1971) showing constructions like godowns, rooms, sheds; mutation certificates describing land as plain vacant; corrected land records from pond to homestead; joint field inspection confirming no waterbody, vacant land with boundary wall.
Findings of Court:
Land was plain vacant with constructions well before 24.03.1986 cut-off; correction of records valid under Rule 166; no waterbody exists; overwhelming evidence refutes allegations.
Issues: Whether plot constitutes protected waterbody being illegally filled; validity of land record correction from pond to homestead.
Ratio Decidendi: Where land use change from pond to developed land occurred before 24.03.1986, as evidenced by pre-cut-off municipal records and physical inspection, correction under Rule 166 is permissible; environmental claims dismissed on documentary and site verification proof.
Result: Original Application dismissed. No costs.
| 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 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 m
