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2025 Supreme(Online)(NGT) 989
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
Mr. Justice B. Amit Sthalekar, Dr. Arun Kumar Verma, JJ
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 to address building construction violations under the West Bengal Panchayat (Amendment) Act, 2017, as the land in question is classified as Bastu/Shali and not as a waterbody.
Headnote:(A) National Green Tribunal Act, 2010 - Jurisdiction limitations - West Bengal Panchayat (Amendment) Act, 2017 - Allegations of illegal filling of water bodies and unauthorized construction - Tribunal found no evidence of water bodies on the site and determined it was classified as Bastu/Shali, not requiring environmental law intervention. (Paras 16, 17)
(B) Building Construction Laws - Violation of construction laws does not fall under the Tribunal's jurisdiction. (Para 17)
Facts of the case:
The applicant alleged that certain respondents were illegally filling water bodies and constructing a multi-storied building without necessary permissions. Despite inquiries, required documents were not produced by the respondents.
Findings of Court:
The Tribunal found that the land in question is classified as Bastu/Shali, confirming there were no water bodies, and thus, dismissed the application.
Issues: The main issues were whether there was a violation of environmental laws and the jurisdiction of the Tribunal over building construction laws.
Ratio Decidendi: The Tribunal held that since the land was not classified as a waterbody, there was no environmental violation, and issues related to construction laws are outside its jurisdiction.
Result: The Original Application is dismissed.
| Table of Content |
|---|
| 1. details of the case and allegations (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. affidavits and responses from respondents (Para 11 , 12 , 13 , 14) |
| 3. court's observations on land classification and building laws (Para 15 , 16) |
| 4. jurisdiction limitations of the tribunal (Para 17) |
| 5. final 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 &
