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2025 Supreme(Online)(NGT) 1636
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Ashit Das – Appellant
Versus
State of West Bengal – Respondent
Original Application No.215/2024/EZ
For the Respondents: Mr. Sibojyoti Chakrabarti, Mr. Dipanjan Ghosh
Illegal construction without proper permissions under environmental laws can lead to demolition orders and financial penalties for environmental damage.
Headnote:(A) Environmental (Protection) Act, 1986 - Coastal Regulation Zone (CRZ) Notification, 2011 - West Bengal Land Reforms Act, 1955 - Illegal construction of hotel on sea beach - Allegation of environmental damage - Respondent operated a hotel without necessary permissions and violated multiple statutory provisions. (Paras 1, 23, 24, 25)
(B) Procedural violations - Absence of applicant and private respondent at multiple hearings led to disposal of the case based on existing facts. (Paras 1, 4)
(C) Findings and orders - Immediate demolition of the hotel within one month ordered; environmental compensation to be computed by the West Bengal Pollution Control Board. (Paras 24, 25)
Facts of the case:
Case pertains to alleged illegal construction of a hotel by a private individual on a sea beach, with significant findings from inspections indicating violations of environmental regulations.
Findings of Court:
The court found gross violations of CRZ and environmental regulations by the construction and operation of the hotel.
Issues: The primary issues were the legality of the hotel construction, absence of necessary permissions, and associated environmental harm.
Ratio Decidendi: The court highlighted mandatory compliance with environmental laws and the need for sanctions against unauthorized constructions affecting public health and environment.
Result: The application was disposed of with orders for demolition and financial penalties.
| Table of Content |
|---|
| 1. illegal construction causes environmental damage. (Para 1 , 2 , 9 , 11) |
| 2. inadequate permits for hotel operation. (Para 3 , 5 , 6 , 22) |
| 3. violations of coastal regulation zone regulations. (Para 10 , 12 , 18) |
| 4. directions for demolition and compliance with environmental laws. (Para 21 , 24 , 25 , 26) |
ORDER
1. The present Original Application has been registered on the basis of a letter petition dated 12.03.2024 filed by the Applicant alleging that one Sudeep Ghosh, son of late Sagar Ghosh, resident of 304 C/2 Begamari Road, Kankurgachi, Kolkata-700054 is illegally constructing a hotel on the sea beach at Tajpur Mauza, J.L. No.244, Bata 446, Dag No.455 and 453. It is prayed that an onsite investigation be carried out to stop the construction of the illegal hotel as the said construction will cause pollution and damage to the environment.
2. The Respondent No.2, District Magistrate & Collector, Purba Medinipur, has filed affidavit dated 28.01.2025 stating that the Fact-Finding Committee constituted by the Tribunal submitted its Report but the same was not signed by the West Bengal State Coastal Zone Management Authority and that the Report would be filed by the next date through a further affidavit.
3. Further, affidavit dated 27.02.2025 has been filed by the Respondent No.2, District Magistrate & Collector, Purba Medinipur. Along with this affidavit, the Report of the Committee has been filed of an inspection 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 vide Order dated 28.11.2024 in connection with OA No. 215/2024/EZ in the matter between Ashit Das vs State of West Bengal & Ors.
In compliance with the Hon’ble National Green Tribunal, Eastern Zone Bench Order dated. 28.11.2024, an inspection of the site was conducted on 20.01.2025 at 1.00 PM by the committee constituted by the Hon’ble NGT comprising of the following members:
1. The District Magistrate, Purba Medinipur or his representative not below the rank of Additional District Magistrate (ADM).
2. The Senior Scientist, West Bengal State Pollution Control Board.
3. The Chief Environment Officer, West Bengal State Coastal Zone Management Authority or any senior Officer nominated by him.
The following officials were present to conduct the enquiry:
1. Sri N.C Barai, AEE, Haldia R.O.
2. Manas Kumar Roy, R.O, BL&LRO, Ramnagar-I.
3. Sri Asit Kumar Giri, R.I, Talgachari-2 Gram Panchayat.
4. Sri Sakti Ranjan Dey, Staff, Office of the BL&LRO, Ramnagar-I.
5. No representative remained present of behalf of WBSCAMA.
Date and time of enquiry: 20.01.2025 at 01 p.m. to 2 p.m.
Place of enquiry: LR Plot no. 446, 453 and 446/455 of Mouza- Tajpur, JL No.244, PS- Ramnagar, Dist- Purba Mcdinipur.
During enquiry the following observation were made
1. It appears that the nature and character of the land in question has been changed by one Mr. Sudip Ghosh, S/o- Lt. Sagar Ghosh, address- 304 C/2, Bagmari Road, Kolkata 700054, violating the provision of section 4C of the WBLR Act, 1955 by constructing a Hotel/Resort namely ‘Relax Resort’.
2. Location –
| Sl. No. | Points/Corner | Latitude | Longitude |
| 1 | A | 21.647284°N | 87.629743°E |
| 2 | B | 21.64713°N | 87.62922°E |
| 3 | C | 21.647375°N | 87.629776°E |
| 4 | D | 21.647391°N | 87.629731°E |
| 5 | E | 21.647919°N | 87.629585°E |
| 6 | F | 21.647974°N | 87.62931°E |
| 7 | G | 21.648517°N | 87.629253°E |
| 8 | H | 21.648498°N | 87.629167°E |
3. It reveals that Plot no. 446 and 453 are recorded in favour of Sudip Ghosh, S/o- Sagar Ghosh vide LR Khatian no. 1876 of Mouza- Tajpur.
4. A notice under section 4C (5) of the WBLR Act had been issued for restoration of the land in question. The copy of the same had also been forwarded to Officer in Charge, Mandarrnani Police Station.
5. The Hotel is orange category having 31 rooms, two Kitchens, a Swimming Pool and a Restaurant with sitting capacity 40 persons. Waste water generated from room washing, kitchen, utensil washing and toilet was finally discharged to soak pit without any treatment. Solid waste in being dis
