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2024 Supreme(Online)(NGT) 3257
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Subhas Datta – Appellant
Versus
Ministry of Environment, Forests & Climate Change – Respondent
Original Application No.65/2024/EZ
For the Applicant(s): Mr. Subhas Datta, in person
For the Respondent(s): Mr. Dibyendra Narayan Ray, Mr. Sourav Haldar, Mr. Rajib Ray, Mr. Sibojyoti Chakraborty
No environmental violations in botanical garden management; post-cyclone recovery and conservation efforts upheld without judicial intervention.
Headnote:(A) Environmental protection - Conservation of botanical gardens - Allegations of degradation of historic Indian Botanic Garden, including reduction in green cover, destruction of lake interconnectivity, illegal tree cutting, use of heavy machinery, and conversion to park - Joint Committee inspection confirmed ongoing ex-situ conservation of endemic/threatened species, functional sluice gates, regular maintenance, and post-Amphan cyclone recovery efforts including replantation. (Paras 13-15, 17-18, 22-27)
Facts of the case:
Applicant alleged conversion of AJC Bose Indian Botanic Garden into park, loss of biodiversity, stagnant lakes, illegal tree felling post-Amphan, unauthorized timber use, discontinued eco-vehicles, and other degradations. Joint Committee inspected site on 16.04.2024, Ministry filed detailed counter-affidavit refuting claims, confirming conservation mandate and recovery measures.
Findings of Court:
No environmental violations found; allegations addressed by Garden authorities' affidavits and Committee report; cyclone Amphan caused damage, recovery ongoing with replantations and disposals via Forest Corporation.
Issues: Whether Garden management violated environmental norms by alleged park conversion, tree cutting, lake damage, machinery use, and facility developments.
Ratio Decidendi: Courts should not intervene in garden management absent proven violations; internal use of fallen timber with permission permissible; routine maintenance post-natural disasters supports conservation without requiring judicial SOPs. (Paras 28, 37-44)
Result: Original Application dismissed.
| Table of Content |
|---|
| 1. allegations of garden degradation and biodiversity loss (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. joint committee inspection findings (Para 13 , 14 , 15) |
| 3. respondents' counter-affidavits and replies (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 4. detailed refutation of specific allegations (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. court evaluation and non-intervention (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 6. dismissal of application (Para 45 , 46 , 47) |
ORDER
1. Heard Mr. Subhas Datta, the Applicant, appearing in person, as well as Mr. Dibyendra Narayan Ray, learned Counsel appearing (in Virtual Mode) assisted by Mr. Sourav Haldar, learned Counsel (in Virtual Mode) for the Respondent Nos.1,3&4, Ministry of Environment, Forest & Climate Change, Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for Respondent Nos.2&5, State Respondents, Government of West Bengal, and Mr. Sibojyoti Chakraborty, learned Counsel appearing for Respondent No.6, West Bengal Pollution Control Board.
(Final order of this case will be uploaded in the NGT website by separate sheets of paper)
ORDER
1. The Applicant, who is appearing in person, has filed the present Original Application, alleging that the historic and heritage Indian Botanic Garden, Howrah, is being converted into a ‘Park’ and the green cover oxygen hotspot of the Calcutta city is thereby reducing very fast.
2. It is further alleged that the Garden had been set-up for conservation and preservation of research oriented rare plants by introducing rare, endangered and threatened plant species in the Garden but now the Garden is being converted into a Park with avenue plants and common plants thereby disturbing the biodiversity of the area.
3. It is also alleged that there are total 24 lakes in the Garden which are connected to each other through underground pipes, connecting indirectly to river Ganga through circular canal which was a good source of fertile surface water for the plants but the inter-connectivity of the lakes has now been destroyed because the water of the lakes has become stagnant causing damage and pollution to the lake water. It is also stated that the said circular channel, other than a very small portion on the southern side of the Garden, is completely lost and has become part of the land area of the Garden where waste materials are being dumped.
4. It is also alleged that the lock gate through which water used to be introduced into the Leeram Lake has been converted into a concrete car parking space.
5. The allegation further is that small roads and footpaths inside the Garden have been repaired with bitumen/asphalt by operating hot- mix plant which was ultimately restrained by the Hon’ble Calcutta High Court by restricting the entry of motor vehicles inside the Garden other than for very important/urgent official purposes. Thereafter, the green vehicles (battery/electric) were introduced for visitors to the Indian Botanic Garden. It is alleged that these green battery/electric operated vehicles have now been discontinued.
6. It is also alleged that the metallic road cover is an obstruction for rain water seepage into the ground.
7. It is also alleged that there is reckless burning of fossil fuel inside the Garden for which the authorities had also put up notice board on 15.11.2022 to check the smoking of cigarette/biri.
8. Illegal cutting of trees such as – Mahogony and Sandal Wood is also alleged and it is stated that in this regard a Complaint Case No.136/2022 had been filed in the Court of the Chief Judicial Magistrate, Howrah.
9. It is also alleged that thousands of trees have been cut down and heaped at different locations of the Garden and are also being used for construction of tables and chairs inside the Garden. It is stated that JCB, Brush cutter, Chainsaw etc. are also being used inside the Garden.
10. In addition, Mr. Subhas Datta, the Applicant, submitted that timber of Mahogony tree is being
