Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3347

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Subhas Datta – Appellant
Versus
State of West Bengal – Respondent
Miscellaneous Application No.22/2023/EZ|Original Application No.06/2016/EZ

Advocates:
For the Applicant(s): Mr. Subhas Datta, in person
For the Respondent(s): Ms. Madhumita Bhattacharjee, Adv., Mr. Sibojyoti Chakrabarti, Adv., Ms. Paushali Banerjee, Adv., Mr. Ashok Prasad, Adv., Mr. Santosh Kumar Pandey, Adv., Ms. Amrita Pandey, Adv., Mr. Dipanjan Ghosh, Adv., Mr. Atarup Banerjee, Adv., Mr. Rajdeep Pramanik, Adv., Mr. Ayan Banerjee, Adv., Ms. Riya Ghosh, Adv.

NGT jurisdiction under Section 14 limited to environmental issues; eviction/rehabilitation of encroachers not within purview; environmental violations cannot continue indefinitely pending rehabilitation; directions issued for STP/garland drain completion by 31.12.2025.

Headnote:(A) National Green Tribunal Act, 2010 - Section 14 - Jurisdiction - Environmental protection - Notified bird sanctuary - Pollution from untreated sewage and encroachments - Tribunal's jurisdiction limited to substantial questions relating to environment - Eviction and rehabilitation of encroachers not environmental issues within Tribunal's purview - Environmental violations cannot be perpetuated indefinitely pending rehabilitation. (Paras 41)

(B) Environmental Law - Compliance monitoring - Directions for completion of sewage treatment plant and garland drain by specified date - Progress through affidavits showing land lease agreements, tender awards, and project approvals - Further action taken report required post-compliance deadline. (Paras 43)

Facts of the case:
Miscellaneous application in original application concerning failure to prevent damage to notified bird sanctuary lake from untreated sewage discharge, waste, and encroachments by municipal corporation, railway, and pollution control board. Previous order directed setting up of STP, garland drain, land provision by railway, and encroachment removal. Applicant alleged non-compliance; respondents filed affidavits detailing progress including DPR preparation, multiple tender calls, land NOC/lease agreements executed, letter of intent issued for pollution abatement project costing substantial amount, with completion targeted within 12 months. Interlocutory applications by encroachers seeking impleadment rejected.

Findings of Court:
Work of construction of sewage treatment plant (waste stabilization pond type) and garland drain etc. to be completed by 31st December, 2025; action taken report to be filed by 15.01.2026.

Issues: Whether impleadment of encroachers proper; compliance status of directions for STP, garland drain, and pollution abatement measures.

Ratio Decidendi: Tribunal lacks jurisdiction over eviction/rehabilitation as not environmental issue under Section 14; environmental protection mandates timely compliance irrespective of such claims; satisfactory progress evidenced by affidavits warrants final direction for project completion by deadline.

Result: M.A. disposed of with directions; I.As. for impleadment rejected.

Table of Content
1. original application alleges sewage pollution and encroachments at santragachi jheel. (Para 1 , 2 , 3 , 4)
2. encroachment removal delayed due to law-order and rehabilitation concerns. (Para 5 , 6 , 11 , 13 , 19 , 30)
3. land allocation and lease charges resolved for stp and garland drain. (Para 7 , 8 , 9 , 15 , 16 , 17 , 18 , 21 , 22 , 23 , 24 , 28 , 29)
4. ngt 2022 order mandates stp construction and encroachment removal. (Para 10)
5. tendering completed, project sanctioned for pollution abatement works. (Para 12 , 14 , 26 , 27 , 31 , 32)
6. ngt rejects impleadment of encroachers; eviction not environmental issue. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42)
7. directs stp completion by dec 2025 with compliance report. (Para 43 , 44 , 45)

ORDER

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

2. Affidavit dated 11.12.2024 has been filed by the Chief Secretary, Government of West Bengal; the same is taken on record.

3. Heard learned Counsel for the parties.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper).

ORDER

1. The Original Application No.06/2016/EZ: (Subhas Datta Vs. State of West Bengal & Ors.), was filed by the Applicant alleging failure of the Howrah Municipal Corporation, Railway Administration and West Bengal Pollution Control Board to prevent damage to Santragachi Jheel, Kolkata, which is a notified Bird Sanctuary. It was also alleged that damage to the said Lake is taking place, inter- alia, by discharging of untreated sewage and other waste from area falling under the Howrah Municipal Corporation and damage to the Lake is also due to encroachment for commercial purposes. It was further alleged that pollution of the Lake is resulting in disturbing the migratory birds requiring protection under the Wildlife (Protection) Act, 1972, and the said lake is within the jurisdiction of the Railways.

2. The Original Application No.06/2016/EZ was disposed of by the Tribunal vide its order dated 04.07.2022 with the following directions:-

“Accordingly, in the interest of protection of lake and the Bird Sanctuary, leaving other pending issues to be resolved at any other appropriate forum as per law, we direct as follows:

a) Municipal Corporation Howrah may take steps in the light of observations in para 10 above to set up necessary STP along with Garland Drain within four months to prevent discharge of untreated sewage into the lake by incurring cost from its own sources initially and sorting out its claim against the Railways separately.

b) Cost of STP may be first borne by the State and its claim in respect to monetary liability of the Railway may be sorted out separately at appropriate forum in accordance with law.

c) The Railway may provide land for the purpose of setting up of STP subject to the property remaining the Railway property without prejudice to its claim for user charges for the said land.

d) Railways may take steps to remove encroachment within three months from the periphery of the lake to the extent of area falling in its jurisdiction in accordance with law.

e) The District Administration may provide necessary assistance for such eviction as per law. If any dispute arises in this regard, it will be open to the concerned parties to remedy the same at appropriate forum in accordance with law.”

3. The Applicant has filed the present M.A., seeking direction to the Respondents to take steps for controlling and monitoring the discharge of untreated sewage into the Santragachi Jheel and for action to be taken by the West Bengal Pollution Control Board against the violators and also to remove the water hyacinth from the Santragachi Jheel.

4. The allegation of the Applicant in the present M.A. is that no action has been taken as yet by the Respondents and Sewage Treatment Plant (STP) has also not been constructed.

5. The South Eastern Railway, Respondent No.3, has filed affidavit dated 22.09.2023, stating therein that the Respondent No.5, Howrah Municipal Corpor

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2024 Supreme(Online)(NGT) 3347

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert MemberSubhas Datta – AppellantVersusState of West Bengal – RespondentMiscellaneous Application No.22/2023/EZ|Original Application No.06/2016/EZ

NGT jurisdiction under Section 14 limited to environmental issues; eviction/rehabilitation of encroachers not within purview; environmental violations cannot continue indefinitely pending rehabilitation; directions issued for STP/garland drain completion by 31.12.2025.

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Subhas Datta – Appellant
Versus
State of West Bengal – Respondent
Miscellaneous Application No.22/2023/EZ|Original Application No.06/2016/EZ