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2025 Supreme(Online)(NGT) 1484
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, EM
A. Ali – Appellant
Versus
Member Secretary, West Bengal Pollution Control Board – Respondent
Interlocutory Application No.52/2025/EZ | Miscellaneous Application No.04/2025/EZ | Original Application No.127/2023/EZ
For the Applicant: Mr. Dipanjan Ghosh
For Respondent: Mr. Dipanjan Ghosh, Mr. Sudip Kumar Dutta
The court emphasized the necessity of compliance with environmental restoration orders to preserve waterbody health and mandated oversight by local authorities.
Headnote:(A) Environmental Laws - National Green Tribunal Act, 2010 - Directions for restoration and maintenance of a waterbody - Applicant alleges improper dumping and depletion of a vital pond - Directions issued for cleaning, restoration, and compliance verified by local bodies. (Paras 18, 19, 20, 21)
(B) Compliance - The Tribunal mandates the adherence to orders issued for maintenance of environmental standards and restoration projects, emphasizing the importance of local authority intervention for effective enforcement. (Paras 12, 13)
Facts of the case:
The case involves allegations against property owners dumping materials into a community pond, impacting families dependent on it. The Tribunal highlighted the need for restoration of the water body and ongoing compliance by concerned parties.
Findings of Court:
The Tribunal observed that despite some compliance, further measures were needed to ensure the waterbody's health. The local authorities were directed to take actionable steps for monitoring conditions around the waterbody to prevent future degradation.
Issues: Whether appropriate actions were taken by the local authorities and property owners to comply with restoration orders.
Ratio Decidendi: The court reinforced the necessity of compliance with environmental protection directives and the role of local governance in addressing such matters.
Result: Interlocutory Application disposed of with no further orders.
| Table of Content |
|---|
| 1. representation of the applicant present for hearing (Para 1 , 2) |
| 2. summary of findings and compliance orders regarding wastewater management (Para 3 , 4 , 5) |
| 3. assessment of ongoing compliance and local authority's intervention (Para 8 , 9 , 10) |
| 4. final directions and disposal of applications with no further costs assigned. (Para 11 , 12 , 13) |
| 5. discussion on the necessity of compliance with ngt orders (Para 14 , 15) |
ORDER
1. Mr. Dipanjan Ghosh, learned Counsel is present for the Applicant in I.A. No.52/2025/EZ.
2. Affidavit dated 14.07.2025 has been filed by the Respondent No.1, West Bengal Pollution Control Board; the same is taken on record.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
ORDER
1. The Original Application No. 127/2023/EZ was registered in the New Delhi Bench of the National Green Tribunal as Original Application No.475/2022/EZ dated 02.08.2022 in pursuance of a letter petition written by the Applicant alleging that Smt. Tulabati Mal, owner of pond J.L. No.118, Khatian No.1826, Dag No.162 situated behind Village – Lohapur, Swarnakarpatti, Nalhati-2, Dist.- Birbhum is dumping soil generated by clearing/construction of road and filling the pond due to which fifteen families who are dependent on the pond are facing serious problems. The matter was duly heard and disposed of by this Tribunal by its judgment and order dated 12.03.2024.
2. Para 18 to 21 of the said order read as under :-
18. “In view of the observations of the Joint Committee so far the recommendations and directions of the Joint Committee for cleaning the water body in question is concerned, we are in agreement with the observations made by the Joint Committee and direct that Smt. Tulabati Mal owner of the water body shall restore the water body by cleaning the aquatic plants and weeds within a time bound period to be prescribed and monitored by the West Bengal Pollution Control Board preferably within a period of one month.
19. So far as the finding of the Joint Committee that the drainage/sludge from the residence of Sri Jagabandhu Ray being discharged into the water body as his residence does not have a proper drainage, we direct the West Bengal Pollution Control Board to take appropriate action against the said Sri Jagabandhu Ray and ensure that his drainage does not drain any sludge into the said water body. Appropriate directions in this regard for drainage and treatment of sludge shall be given by the West Bengal Pollution Control Board within 15 days thereof and the West Bengal Pollution Control Board shall ensure compliance of its directions within a further period of one month.
20. Affidavit of compliance shall be filed with the Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata by 01.05.2024
21. In view of the above directions, the Original Application No.127/2023/EZ is disposed of.”
3. The West Bengal Pollution Control Board was required to file affidavit of compliance. The Board has filed affidavit dated 15.07.2024 stating therein that the Board vide its letter dated 30.04.2024 had issued a direction to Mr. Jagabandhu Ray, residing at Village – Lohapur, P.S. Nalhati, Dist.- Birbhum not to discharge sullage generated from his residence into the waterbody situated at Mouza – Lohapur, J.L. No.117, L.R. Dag No.172, P.S. – Nalhati, District - Birbhum and to arrange for proper drainage and treatment of sullage generated from his residence within a period of one month. It is stated that direction was also issued on 30.04.2024 to Smt. Tulabati Mal residing at Village – Lohapur, P.S. – Nalhati, District - Birbhum to restore the waterbody in question by cleaning aquatic plants and weeds of the waterbody situated at Mouza - Lohapur, J.L. No.117, L.R. Dag No.172, P.S. – Nalhati, District - Birbhum.
4. The West Bengal Pollution Control Board has also filed affidavit dated 26.06.2025 bringing on record an Inspection Record of an inspection carried out on 10.06.2025 which reads as under
