Back
2025 Supreme(Online)(NGT) 1498
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. 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 Appellants/Petitioners: Mr. Dipanjan Ghosh
For the Respondents: Mr. Dipanjan Ghosh, Mr. Sudip Kumar Dutta
Environmental management requires active compliance with restoration orders and accountability from responsible parties.
Headnote:(A) Environmental Protection Act - Issues relating to restoration of water bodies and compliance with orders of the Tribunal. The West Bengal Pollution Control Board was directed to ensure cleaning of the water body, monitor compliance with environmental norms, and prevent dumping of waste in the water body. (Paras 18-20)
(B) Action Taken Report - Following inspections showed improvements in the water body's condition and compliance with directives regarding sewage discharge was enforced. However, enforcement measures were considered necessary for sustained compliance. (Paras 6, 7, 10, 12)
Facts of the case:
The applicant alleged that the owner of a pond was dumping soil from construction activities, harming local families dependent on the pond. The Tribunal directed necessary actions to restore and maintain the water body.
Findings of Court:
The Tribunal highlighted the importance of compliance with environmental directives and necessitated regular monitoring by authorities.
Issues: Non-compliance by responsible parties regarding environmental restoration and waste management.
Ratio Decidendi: The court emphasized accountability and the imperative need for management of environmental resources to safeguard public interest.
Result: The Miscellaneous Application No.04/2025/EZ is disposed of with directions for compliance.
| Table of Content |
|---|
| 1. record of compliance from parties involved. (Para 1 , 2) |
| 2. inspection reports facilitating compliance. (Para 4 , 5 , 6 , 7) |
| 3. emphasis on local governance and accountability. (Para 11 , 12) |
| 4. final disposal with orders for ongoing compliance. (Para 13 , 14 , 15 , 16 , 17) |
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 :-
“INSPECTION REPORT
| Inspection reference | Order (dated 30/5/2025) of the Hon’ble NGT, EZ Bench, Kolkata in connection with M.A. No.04/2025/EZ in O.A. No.127/2023/EZ. |
| Name & Address of the unit/site | Water body (classified as Doba) owned by Smt. Tulabati Mal Malpara, Lohapur Bazar, P.O.- Lohapur, Birbhum-731237 |
| Police Station | Nalhati |
| Local Body | Bara-I GP |
| Date & time of inspection | 10/6/2025, 11:20 – 11:40 hrs. |
| Date of previous inspection | 19/7/2024 |
| Inspected by | Sri A. K. Dey, EE |
