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2024 Supreme(Online)(NGT) 3196
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Subhas Dutta – Appellant
Versus
State of West Bengal – Respondent
Original Application No.151/2022/EZ
Important Points
Subject
Environmental Law - Coastal Regulation Zone
Act Referred
Coastal Regulation Zone Notification, 2011: S.Para 3, S.Para 4(i)(d), S.Para 4.2(ii)(c), S.Para 5, S.Para 6(c), S.Para 7, S.Para 8(i) I(i), S.Para 8(i) II(i)
EIA Notification, 2006
Water (Prevention and Control of Pollution) Act, 1974
Wild Life (Protection) Act, 1972
Forest (Conservation) Act, 1980
Solid Waste Management Rules, 2016
West Bengal Town and Country (Planning & Development) Act, 1979: S.31
Coastal Regulation Zone Notification, 2019: S.Para 6(i)
Headnote
(B) CRZ Notification, 2019 - Para 6(i) - Continued applicability of CRZ-2011 CZMPs until updated CZMPs approved by MoEF&CC - Constructions violating CRZ-2011 norms not regularized despite claims of temporary nature or prior permissions. (Paras 71-72)
Facts of the case:
Applicant alleged illegal constructions including amusement park, restaurant, commercial centre, concrete buildings in CRZ areas near sea beach; garbage dumping ignoring waste rules; dysfunctional STP discharging untreated water; unauthorized groundwater abstraction; sand dune alterations - Respondents claimed temporary/semi-permanent structures, CRZ clearances obtained, master plan compliance, ongoing remedial measures like tree plantation, STP upgradation.
Findings of Court:
Committee site inspection confirmed violations: structures in prohibited CRZ-IA (ecologically sensitive), seaward CRZ-II; concrete buildings partly in CRZ-IA; illegal licensee encroachments despite lease clauses prohibiting alterations without approval - Temple complex on landward CRZ-II compliant with clearances.
Issues: Legality of constructions in CRZ-IA/seaward CRZ-II; permissibility of temporary structures on concrete foundations; compliance with waste/groundwater/STP norms; validity of CRZ clearances.
Ratio Decidendi: Constructions in CRZ-I prohibited except narrow exceptions; CRZ-II buildings only landward of roads/structures - Violations not condoned even if temporary, following Supreme Court precedents emphasizing strict enforcement to protect coastal ecology; State authorities ensure demolition/restoration.
Result: Original Application disposed directing removal of all illegal constructions in CRZ-IA/prohibited CRZ-II within 3 months with restoration; waste/STP compliance by 31.01.2026.
For the Applicant(s): Mr. Subhas Dutta, in person
For the Respondent(s): Mr. Rajib Ray, Mr. Sibojyoti Chakrabarti, Mr. Nayan Chand Bihani, Mr. Soumya Mukherjee, Mr. Survapriya Mukherjee, Mr. Aritra Basu, Mr. Saaqib Siddiqui, Mr. Dipanjan Ghosh, Mr. Ashok Prasad, Mr. Anindya Lahiri, Mr. Arkadipta Sengupta, Mr. Parikshit Lakhotia, Mr. Debashis Karmakar
| Table of Content |
|---|
| 1. alleged crz violations by constructions and waste dumping. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. respondents' defenses on temporary structures and planning. (Para 10 , 11 , 12 , 13 , 14 , 15 , 27 , 28 , 29 , 30 , 31) |
| 3. crz clearance obtained for jagannath dham project. (Para 16 , 17 , 18 , 19 , 20 , 22 , 25 , 26 , 34) |
| 4. committee verifies crz violations in constructions. (Para 35) |
| 5. licensee violated lease terms with unauthorized constructions. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 6. crz-2011 regulates prohibited activities and clearances. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 7. jagannath dham complies with crz-ii permissions. (Para 54 , 55 , 56) |
| 8. constructions violate crz-i and seaward restrictions. (Para 60 , 61 , 62 , 63 , 64) |
| 9. directions for stp, groundwater, and waste compliance. (Para 69) |
| 10. order demolition of illegal crz constructions. (Para 81) |
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
