Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1893

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, 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

Advocates:
For the Applicant(s): Mr. Dipanjan Ghosh
For the Respondent(s): Mr. Dipanjan Ghosh, Mr. Sudip Kumar Dutta

Court emphasized the necessity of compliance with environmental directives to restore and protect local water bodies.

Headnote:(A) Environmental Protection Act - Directions to restore water bodies - The case deals with the pollution of a pond due to illegal filling and dumping activities, impacting local families dependent on the water body. The court directed restoration actions by specified parties and compliance monitoring by the West Bengal Pollution Control Board. (Paras 1, 18-21)

(B) Compliance of Orders - Importance of adherence to environmental directives was emphasized, with court monitoring to ensure actions are taken timely and effectively. (Paras 12, 13)

Facts of the case:
The Application was initiated due to allegations against Smt. Tulabati Mal for dumping soil in a pond, affecting local residents. The Joint Committee directed cleanup and compliance measures to be implemented by the West Bengal Pollution Control Board.

Findings of Court:
The court highlighted deficiencies in compliance regarding the pond's restoration, emphasizing the need for prompt action against violators, particularly concerning sanitation and drainage.

Issues: Whether the measures taken for pond restoration meet the Tribunal's requirements and address pollution concerns properly.

Ratio Decidendi: The court affirmed the necessity of maintaining water body cleanliness and mandated compliance and monitoring by local authorities to prevent ecological degradation.

Result: The Miscellaneous Application No.04/2025/EZ is disposed of.

Table of Content
1. application registered alleging pollution by dumping in a pond. (Para 1 , 2)
2. joint committee recommendations to restore the pond. (Para 3 , 4 , 5 , 6)
3. inspectors finding continued pollution from sludging. (Para 7 , 10)
4. court directed measures for compliance and monitoring. (Para 11 , 12 , 13 , 14 , 16)
5. miscellaneous application disposed of and no cost order. (Para 15 , 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.

5. The Inspection Report shows that the waterbody was not found to have been cleaned by Smt. Tulabati Mal and the same was seen to be filled with aquatic plants, weeds and refuse materials. sullage from bath

Click Here to Read the rest of this document