NGT Act overrides other laws; waterbody restoration precedes land conversion; sewage diversion mandatory to prevent pollution.

ORDER

1. Affidavit dated 03.09.2024 has been filed on behalf of the Respondent No.4; the same is taken on record.

2. Counter affidavit dated 03.09.2024 has been filed on behalf of the Respondent No.4; the same is taken on record.

(Final order of the said case will be uploaded in the National Green Tribunal’s website by separate sheets of paper)

ORDER

1. This Original Application was originally registered in New Delhi Bench of National Green Tribunal as O.A. No.25/2024, (Md. Sheik Ansaruddin Vs. State of West Bengal), on a letter petition received by the New Delhi Bench from the Applicant, a resident of Kazipura Main Road, P.O.-Kazipura, P.S.-Barasat, North 24 Parganas, West Bengal, alleging encroachment and illegal construction on a Pukur (water body).

2. The matter was entertained by the New Delhi Bench of National Green Tribunal on 16.02.2024 and has thereafter been transferred to the Eastern Zone Bench, Kolkata. The Original Application has now been re-numbered as O.A. No.59/2024/EZ, Md. Sheik Ansaruddin Vs. State of West Bengal.

3. The allegation in the letter petition dated 31.07.2023 is that illegal constructions are being carried out of house buildings in L.R. Dag No.127 (Pukur Par) owned by the Barasat Municipality being Khatian No.1679 which is recorded as ‘Pukur Paar’ which cannot be used for making constructions thereon and there is no conversion document to show change of character of the land.

4. It is also alleged that unknown persons are also filling up the belt of the pond and all waste water (toilet waste) is being channeled/drained out into the L.R. Plot No.128 which is Pukur/Pond.

5. It is further alleged that the water body is highly polluted in view of the aforesaid activities around the pond and local residents are unable to use the said pond for any purpose and even pisciculture has been stopped.

6. The Tribunal at the time of admission, constituted a Fact Finding Committee comprising of the following Members:

(i) Senior Scientist, West Bengal Pollution Control Board;

(ii) District Magistrate, North 24 Paraganas or his representative not below the rank of Additional District Magistrate; and

(iii) Senior Officer from Barasat Municipality.

The Committee was directed to visit the site and submit its Report.

7. The District Magistrate, North 24 Parganas has filed its affidavit dated 10.05.2024 bringing on record the Inspection Report of the site inspection carried out on 22.04.2024. The Report reads as under: -

“Report in the matter of Original Application No.59/2024/EZ (Earlier O.A. No.25/2024/PB) vide Hon’ble NGT order (Eastern Zone Bench, Kolkata) dated 01.04.2024

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

The Hon’ble National Green Tribunal, Eastern Zone Bench constituted a committee, comprising Senior Scientist, West Bengal Pollution Control Board (WBPCB), District Magistrate, North 24 Parganas or his representative not below the rank of Additional District Magistrate and Senior Officer from Barasat Municipality. The District Magistrate, North 24 Parganas was to act as the nodal office for all logistic purposes and filing the Report of the Committee on affidavit.

Pursuant to the order of the Hon’ble NGT, the Committee comprising of the following members was constituted as per nominations received from the participating departments/offices:

1. Additional District Magistrate and District Land & Land Revenue Officer, North 24 Parganas

2. Environmental Engin