2024 Supreme(Online)(NGT) 3901

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

CRZ-2011 prohibits constructions in ecologically sensitive CRZ-I and seaward CRZ-II; even temporary structures on permanent bases illegal; mandatory demolition required irrespective of nature to protect coastal ecology.

Headnote:(A) Coastal Regulation Zone Notification, 2011 - Paras 3, 4(i)(d), 8(i)I(i), 8(i)II(i) - Environment (Protection) Act, 1986 - Prohibited constructions in CRZ-I (ecologically sensitive areas including sand dunes and intertidal zones) and CRZ-II (seaward side of existing roads/authorized structures) - Temporary/semi-permanent structures using containers, corrugated sheets, wood etc. on concrete bases/pillars found illegal if located in prohibited zones - Physical verification report confirming violations - Built-up area <20,000 sq.m. in CRZ-II permissible only with CZMA recommendation on landward side - Constructions in CRZ-IA wholly prohibited except specified exceptions (Para 44, 47, 51, 52, 60-64).

(B) Solid Waste Management Rules, 2016 - Segregation, collection and processing mandated - Dumping on coastal lands prohibited - Upgradation of sewerage treatment plant and rainwater harvesting directed (Paras 7, 29-30, 69).

(C) Groundwater regulation - Unauthorized abstraction to be stopped with regular inspections (Para 10).

(D) Precedents - Constructions violating CRZ notifications cannot be condoned; mandatory demolition ordered to protect coastal ecology (Paras 78-80).

Facts of the case:
Applicant alleged illegal constructions including amusement park, restaurant, commercial centre, theme park structures, temple complex, garbage dumping, dysfunctional sewerage plant and groundwater violations in coastal zone based on photographs and satellite imagery. Respondents claimed temporary nature, CRZ clearances and ongoing remedial measures. Tribunal constituted committee for site inspection confirming violations in CRZ-IA and seaward CRZ-II.

Findings of Court:
Illegal constructions in CRZ-IA and seaward CRZ-II (resort over toilet complex, ornamental boat, habitations, restaurant, fish spa, concrete buildings) to be demolished within 3 months with restoration; temple complex CRZ clearance valid; STP upgradation, rainwater harvesting, waste management compliance by 31.01.2026.

Issues: Legality of constructions in CRZ-IA/II, compliance with CRZ-2011 restrictions on seaward side, validity of clearances for built-up <20,000 sq.m., remedial measures for waste/groundwater/sewerage.

Ratio Decidendi: CRZ-2011 strictly prohibits new constructions in ecologically sensitive CRZ-I and seaward CRZ-II; even temporary structures on permanent bases illegal therein; CZMA clearance valid only for compliant landward CRZ-II projects; violations warrant immediate demolition to protect coastal integrity, following Supreme Court precedents.

Result: Original Application disposed with directions for demolition of illegal constructions within 3 months and compliance reports.

Table of Content
1. case procedural details and parties listed (Para 1 , 2 , 3)
2. applicant's crz violation allegations with evidence (Para 4 , 5 , 6 , 7 , 8 , 9)
3. respondents' affidavits on groundwater and development plans (Para 10 , 11 , 12 , 13 , 14)
4. jagannath dham project crz compliance claims (Para 15 , 16 , 17 , 18 , 19 , 20)
5. sewerage, solid waste, plastic management measures (Para 21 , 22 , 23 , 24 , 29 , 30 , 34)
6. dsda-hidco-dlpc agreements and site verifications (Para 25 , 26 , 27 , 28 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42)
7. crz-2011 notification provisions overview (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52)
8. jagannath dham crz clearance validity confirmed (Para 53 , 54 , 55 , 56 , 57)
9. illegal constructions in crz-ia and seaward crz-ii (Para 58 , 59 , 60 , 61 , 62 , 63 , 64)
10. stp, groundwater, waste compliance directions (Para 65 , 66 , 67 , 68 , 69)
11. czmp status and crz violations established (Para 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77)
12. supreme court precedents on crz enforcement (Para 78 , 79 , 80)
13. directions for demolition and restoration (Para 81 , 82 , 83 , 84)

ORDER

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

2. We have heard learned Counsel for the parties (Final order of this case will be uploaded in NGT website by separate sheets of paper)

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, no

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