Item No. 07 Court No. 2 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Misc Application in Disposed of Cases No. 19/2025 In Original Application No. 258/2024 Banibrata Mukherjee Applicant Versus State of West Bengal & Ors. Respondents Date of hearing: 01.05.2025 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: Applicant in Person.

Respondents: None for the Respondents.

ORDER

1. The applicant- Banibrata Mukherjee had sent a letter petition dated 03.09.2023 to this Tribunal which was treated and registered as OA No. 258 of 2024.

2. The applicant raised the grievances that a pond existed on land measuring 15 kathas and that private individual namely Behala Diamond Club filled up part of the pond and erected bamboo structure on the same.

3. This Tribunal disposed of the original application by constituting a Joint Committee comprising District Magistrate, Kolkata, Commissioner Municipal Corporation, Kolkata and representative of West Bengal Pollution Control Board with direction to visit the site, collect relevant information and if it found that pond was being filled illegally take appropriate steps for preventing such activities and restoration of the pond area to its original condition within three months and send its report within 15 days thereafter to the Registrar General of this Tribunal who was given liberty to place the matter before the Bench for further orders if considered necessary.

4. Since the Joint Committee did not submit any report, the matter was placed before the Bench.

5. Vide order dated 29.11.2024 further opportunity was granted to the Joint Committee to submit its report.

6. Report dated 06.01.2025 was filed by Additional District Magistrate and District Land and Land Reforms Officer, South 24, Parganas and report dated 07.01.2025 was filed by the Executive Engineer (Civil), Environment and Heritage Department, Kolkata Municipal Corporation.

7. In view of the compliance reports, miscellaneous application was disposed of vide order dated 08.01.2025.

8. The applicant-Banibrata Mukherjee has filed M.A No. 19/2025 with following prayers:-

“A. To order State Administration/ Kolkata Municipal Corporation to demolish 351 square feet of encroached pond area done by Sri Kajal Sarkar while constructing his house within premises no-139/1, Diamond Harbour Road and impose adequate fine/penalty upon him for the purposeful encroachment upon my pond as clearly shown in satellite imagery -Annexure-8 and drawing of Annexure-9 and order penal action against Mr. Kajal Sarkar as per provision of laws of environment protection and West Bengal Inland Fisheries Act.

B. To allow me to excavate about 1012 sq. ft. area with measurements of 22 feet wide x 46 feet long with a depth of 6 feet, out of the present area of 1238 sq. ft. comprised within Area -B and Area-C as shown in AUTOCAD Drawing, leaving just adequate space as pond embankment for me to erect the boundary wall and its foundation on the excavated periphery of my pond area and remove the permanent cancer/cause of any pollution upon my pond and prevent future encroachment once and for all and I will be able to save my water body forever.

c. Instruct the State/District Administration and Police Administration to provide me and my family with adequate Police protection from local miscreants and or affiliates/ members of Behala Diamond Club during excavation work and construction of boundary wall or instruct the State/District Administration to carry out the excavation of about 1000 sq. ft. in my presence and I will reimburse the cost of excavation to State/District Administration and carry out construction of the boundary wall at my cost under police protection.”

9. We have heard the applicant who has appeared before us in person and have also gone through the material on record.

10. In M.A. No. 19/2025, the applicant has alleged that the reports of Additional District Magistrate and District Land and Land Reforms