NGT directs timely STP and Garland Drain construction to abate bird sanctuary pollution, rejecting encroacher impleadment as non-environmental.

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 Corporation, vide his letter dated 18.07.2022 requested the Respondent No.3 to provide land for construction of Sewage Treatment Plant (STP) and Garland Drain around th