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2025 Supreme(Online)(NGT) 763

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
SUDHIR AGARWAL, J, DR. ARUN KUMAR VERMA, ACJ
Milan Kunda and Ors. – Appellant
Versus
State of West Bengal & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhinaba Dan
For the Respondents: Mr. Krishnendu Bera, Mr. Ayush Kumar Dadhich

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) was registered on a letter petition dated 07.09.2023 sent by Milan Kunda and others, taking cognizance thereof, in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha , (2022) 13 SCC 401 .

2. The complainants have said that they are residents of Village and Post Office-Janta, Police Station-Bishnupur, District-Bankura, State of West Bengal. One Manik Kundu Sio Late Nimai Kundu is running a poultry farm in the village near Durga Mata Temple, Mansa Mata Temple and Aathchala (hollyshed where religious programs conducted). There is also a tube-well near the poultry farm. Poultry farm releases bad smell causing air and also causing soil and water pollution. The poultry farm is running without following siting criteria mentioned in Notification of Central Pollution Control Board (hereinafter referred to as ‘CPCB’) dated August 2021 and Memorandum dated 10.01.2022, Department of Environment, Govt. of West Bengal’s instruction on ‘Poultry Farm’ dated 18.07.2016 read with West Bengal State Pollution Control Board’s (hereinafter referred to as ‘WBSPCB’) Memorandum dated 27.01.20

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