The Tribunal mandated the removal of illegal constructions in East Kolkata Wetlands, highlighting the necessity for immediate action to protect Ramsar Sites under environmental laws.

ORDER

1. This Original Application is being registered on the basis of a letter petition sent by the Applicant through E-mail dated 01.09.2024.

2. The Applicant seeks steps to save Nazirabad Village which is purely under East Kolkata Wetland Conservation area (South 24 Parganas, Karimpur Mouja, Sonarpur Block, JL-2, RS Dag – 73/89-94, RS Dag – 71, RS Dag – 4/73).

3. In another E-mail dated 04.07.2024 sent to the Office of the Tribunal addressed to the Pollution Control Board (PCB) (Copy of which has been sent to this Tribunal), it is alleged that several new concrete/metal Hanger construction are going on in full swing; private telephone tower constructions are in progress in (LR Dag – 66); Cold Storage Hanger is in progress in RS Dag number 71 (Karimpur mouja, JL-2) which is a fishery in nature having an area of about 100 bighas and the nature of the land has been changed from fisheries to Shali land by dumping old building debris within 1 year.

4. The allegation also is with regard to destructive activities in the vicinity of Nazirabad, (under Kheyadha-2 GP, Sonarpur Block, Karimpur Mouja, JL-2, RS Dag number 73/89, 73/90-96, 71, 4/73, LR Dag-130), LR Dag-66.

5. At the time of admission, this Tribunal constituted a Committee comprising of the following Members with a direction to visit the site in question and submit its Fact Finding Report:-

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

(ii) East Kolkata Wetlands Management Authority;

(iii) Rajpur-Sonarpur Municipality; and

(iv) District Magistrate, District-South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM).

6. The Ministry of Environment, Forests and Climate Change, Respondent No.1 has filed affidavit dated 13.05.2025 and along with this affidavit, Wetlands (Conservation & Management) Rules, 2017, copy of Guidelines for implementation of Wetlands (Conservation & Management) Rules, 2017, copy of National Plan for Conservation of Aquatic Ecosystems (NPCA) Guidelines have been filed along with copy of sanction order dated 18.07.2022 for Administration Approval and Expenditure Sanction (AA&ES) for implementation of Integrated Management Plan (IMP) of East Kolkata Wetlands (EKW), West Bengal at a total cost of Rs.66.359 Crore (Rupees Sixty-Six Crore Thirty-Five Lakhs Ninety Thousand only). Along with this affidavit, a copy of order dated 02.12.2024 passed by this Tribunal has also been filed.

7. The District Magistrate & Collector, South 24 Parganas, Respondent No.7 has filed affidavit dated 13.05.2025 and along with this affidavit, he has filed the Minutes of Field Inspection carried out by Joint Committee Enquiry which reads as under:-

“Minutes of Field Inspection caused by Joint Committee to comply the solemn order Passed by Hon’ble National Green Tribunal dated 02.12.2024 in the matter of Capt. P. Bhowmik vs. State of West Bengal bearing O.A. Cae No.21/2024/EZ.

1. In compliance with the solemn order of Hon’ble National Green Tribunal, Eastern Zone dated 02.12.2024, in the matter of Capt. P. Bhowmik vs. State of West Bengal bearing O.A. case No.2221/2024/EZ in which the Hon’ble Court has directed, “14. Considering the allegations made we deem it appropriate to constitute a Fact Finding Committee comprising of the following Members:-

i. Senior Scientist, West Bengal Pollution Control Board;

ii. East Kolkata Wetlands Management Authority;

iii. Rajpur-Sonarpur Municipality; and iv. District Magistrate, District-South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM).

And

15. The Joint Committee shall visit the site in question and submit it report with regard to the allegations made in the Original Application and in