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2025 Supreme(Online)(NGT) 858
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
Mr. Justice B. Amit Sthalekar, J, Dr. Arun Kumar Verma, ACJ
SK. Harun – Appellant
Versus
State of West Bengal – Respondent
Original Application No.213/2024/EZ
For the Appellants/Petitioners: None
For the Respondents: Mr. Sibojyoti Chakrabarti, Adv. for R-1, 2 & 4, Mr. Dipanjan Ghosh, Adv. for R-3 (in Virtual Mode), Ms. Amrita Pandey, Adv. for R-5 (in Virtual Mode), Mr. Krishnendu Bera, Adv. for R-6&7 (in Virtual Mode)
The Tribunal lacks jurisdiction over building law violations under the West Bengal Panchayat Act, affirming that the land in question is classified as Bastu/Shali and not a waterbody.
Headnote:(A) National Green Tribunal Act, 2010 - Jurisdiction - West Bengal Panchayat (Amendment) Act, 2017 - Allegations of illegal filling of water bodies and unauthorized construction - The Tribunal found no violation of environmental laws, as the land in question was classified as Bastu/Shali and not a waterbody. The Tribunal lacks jurisdiction to address building construction law violations under the West Bengal Act. (Paras 17, 18)
(B) Construction Laws - Requirement of permission for structures exceeding height limits - The Tribunal noted that any structure exceeding 6.5 meters requires prior permission from the Zilla Parishad as per Section 160A of the West Bengal Panchayat (Amendment) Act, 2017. (Paras 16, 17)
Facts of the case:
The applicant alleged that certain respondents were illegally filling water bodies and constructing a multi-storied building without proper sanction. The site inspection revealed that the land was classified as Bastu/Shali and had never been a pond. (Paras 4, 5, 15)
Findings of Court:
The Tribunal concluded that there was no violation of environmental laws and dismissed the application, stating that any building law violations should be raised with the appropriate authorities. (Paras 17, 18)
Issues: The main issues were whether the land was a waterbody and if the construction violated any environmental laws. (Paras 16, 17)
Ratio Decidendi: The Tribunal ruled that it lacked jurisdiction over building law violations under the West Bengal Panchayat Act, affirming that the land in question was not classified as a waterbody. (Paras 17)
Result: The Original Application is dismissed.
| Table of Content |
|---|
| 1. allegations of illegal construction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. affidavits and inspections regarding construction. (Para 6 , 10 , 11 , 12 , 13) |
| 3. analysis of building law compliance. (Para 14 , 15 , 16) |
| 4. jurisdictional limits of the tribunal. (Para 17) |
| 5. dismissal of the application. (Para 18 , 19 , 20) |
ORDER
1. Case called out. No one is present on behalf of the Applicant. Earlier also, no one had appeared for the Applicant in the Original Application.
2. This Original Application has been registered on the basis of a letter petition dated 25.07.2024 sent by the Applicant to the Office of the Tribunal.
3. It is stated that the Applicant is residing in village Bankra, Garpa Natun Para, Unsani, Police Station – Domjur, District – Howrah.
4. The allegation is that one Md Kalam son of Md Islam and Md Samser son of Md Sattar, Respondent Nos.6 & 7 are also residing in Village Bankra, Sardar Para, Post Office – Bankra, Police Station – Domjur, District – Howrah and are forcefully and illegally filling up the Water Bodies situated in the agricultural land / SALI LAND measuring about Ac. 0.0825 dec. at Mouza – Bankra, J.L. No.55, Police Station – Domjur, District – Howrah, L.R. Dag no. 3065, L.R. Khatian no. 12915, R.S. Dag no. 3063, R.S. Khatian no. 423, falling within the jurisdiction of Bankra Gram Panchayat no : III, Bankra Rasikal, 28 Kamra.
5. It is alleged that the said Respondents have started development work developing a multi storeyed building on the property in question, Ground Plus four (G + 4). It is stated that the said construction does not have any sanction/building plan. It is alleged that the height of the alleged building has exceeded 15.5 meters whereas the limit for the height of the building is 25 meters.
6. The Officer-in-Charge, Domjur Police Station has filed affidavit dated 22.01.2025 wherein it is stated that during physical enquiry, it was found that the construction of a multistoried building (G+4) is going on, on the scheduled property under Mouza-Banka, JL No.55, R.S. Dag No.3063, R.S. Khatian No.423, L.R. Dag No.3065, L.R. Khatian No.12915, under Mouza-Bankra, JL No.55, Bankra III Gram Panchayat, Police Station Domjur, District Howrah. It is also stated that during enquiry, notice dated 20.12.2024 was issued to the Respondent Nos.6 and 7 to produce relevant documents like Deed of Sale, Mutation Certificate, Conversion Certificate, Sanction Plan of the Building constructed over the schedule property in question, but they were unable to produce the same.
7. The Pradhan, Bankra-III Gram Panchayat, Domjur, Howrah was also required to provide information as to whether any permission was issued by the said authority regarding construction of the building over the schedule property in question, but till date no reply has been received.
8. The Block Land & Land Reform Officer (B.L.&.L.R.O.), Domjur Development Block, Domjur, Howrah was also required to provide the Record of Rights (ROR) to show the nature and character of the property but the said information also was not provided.
9. Howrah Zila Parisad was also required to provide documents regarding conversion of sanction plan for construction of building over the scheduled property.
10. The District Magistrate, Howrah has filed affidavit bringing on record the Inspection Report of an inspection of the site carried out on 20.01.2025. The Inspection Report reads as under :
“Report of the Committee constituted by Hon’ble National Green Tribunal, Eastern Zone Bench, Kolkata vide order dated 27.11.2024 in connection with O.A. No. 213/2024/EZ in the matter between Sk. Harun – Vs – State of West Bengal &
Ors.
In compliance of the solemn order passed by Hon’ble NGT, Eastern Zone Bench Kolkata on 27.11.2024, an inspection on the site in question was conducted on 20.01.2025 at 12.00 noon by the Committee constituted by the Hon’ble Tribunal comprising the following members :
1. Shri Azar Zia, Additional District Magistrate (L & LR), Howrah
2. Smt. Jayati Mitra, A
