Constructions in ecologically sensitive CRZ-I and on seaward side of roads in CRZ-II are prohibited; even temporary structures on concrete bases illegal, mandating demolition and restoration to protect coastal ecology.

ORDER

3. Mr. Subhas Datta, the Applicant is present in person.

4. The allegation of the Applicant in this Original Application is that in and around the Digha Beach Dhuesagar, a ‘Beach Front Beautification Amusement Park’ is being developed as a ‘Tourist Centre’ on the sea-beach of Digha. These constructions are alleged to be in violation of the Coastal Regulation Zone Notification (CRZ Notification) and are being carried out by the Urban Development and Municipal Affairs Department, Government of West Bengal. Photographs as Annexure-P/1, Annexure-P/2, Annexure-P/3, Annexure-P/4, Annexure-P/5, Annexure-P/6, Annexure-P/7 & Annexure-P/8 (pages 19-28) to the Original Application, including Google Earth Imagery as Annexure-P/9 (pages 29-33) to the Original Application, have also been filed by way of evidence to show various constructions having been made.

5. Photographs with regard to the flooding of High Tidal Wave at Seashore of Digha have also been filed as Annexure-P/10 and Annexure-P/11 (pages 34-37) to the Original Application.

6. Annexure-P/12 & Annexure-P/13 (pages 38, 38A and 39) are the photographs of constructions alleged to have been made within the CRZ area.

7. It is also alleged that the site in question has become a dumping ground for garbage which has not been removed and there is absolutely no observation of Solid Waste Management Rules, 2016. Photographs as Annexure-P/14, Annexure-P/15, Annexure-P/16, Annexure-P/17 & Annexure-P/18, (pages 40 to 56) to the Original Application have also been filed in this regard.

8. It is also alleged that a ‘Jagannath Dham Sanskriti Kendra’ is also being constructed on sand dunes at Digha. Photographs as Annexure P-/19, Annexure-P/20 & Annexure-P/21 (pages 57 to 65) to the Original Application have also been filed in this regard.

9. It is also alleged that though a Sewerage Treatment Plant (STP) has been constructed at Digha, (Annexure-P/22, page 66 of the paper book), but the untreated water is being allowed to flow directly into the sea-beach where large number of members of public can be seen at page nos. 68-69 (Annexure-P/23 to the Original Application).

10. The Respondent No.9, State Level Ground Water Authority, has filed affidavit dated 03.01.2023 stating that by letter dated 09.12.2022, the Member Secretary, District Level Ground Water Resource Development Authority (‘DLGWRDA’ for short) had informed that 12 permissions for groundwater have been granted and as per Report from the Digha Sankarpur Development Authority (‘DSDA’ for short) approximately 600 hotels are present but during field inspections, it was noted that there are other commercial and industrial units and, therefore, notices were issued to them for unauthorized abstraction of groundwater and an Inspection-cum-Action Taken Report was also prepared dated 20.12.2022. It is, however, stated that regular raid for unauthorised abstraction of groundwater is now taking place and notices have been served to the violators so that illegal groundwater pumping can be stopped.

11. The Respondent No.2, Urban Development & Municipal Affairs Department