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2025 Supreme(Online)(NGT) 2042
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Ashit Das – Appellant
Versus
State of West Bengal – Respondent
Original Application No.215/2024/EZ
For the Appellants/Petitioners: None
For the Respondents: Mr. Sibojyoti Chakrabarti, Adv., Mr. Dipanjan Ghosh, Adv.
Illegal construction in CRZ without requisite clearances violates environmental laws, requiring demolition and site restoration.
Headnote:(A) Environment (Protection) Act, 1986 - Section 15 - West Bengal Land Reforms Act, 1955 - Section 4C - Coastal Regulation Zone Notification, 2011 - Illegal construction of hotel/resort causing environmental damage - The applicant alleged that illegal construction was taking place on the sea beach, leading to environmental issues. The 5th respondent was found constructing a hotel in violation of CRZ Notification without obtaining necessary approvals and permissions, breaching environmental laws. The Tribunal directed the demolition of the unauthorized construction and restoration of the site to original form with costs to be recovered from the respondent. (Paras 23-24)
(B) Enforcement of Environmental Regulations - The Tribunal emphasized the need for strict adherence to environmental regulations by requiring proper documentation before construction in sensitive coastal areas and highlighted responsibilities of local authorities in monitoring compliance. (Paras 7-9, 10-20, 25)
| Table of Content |
|---|
| 1. illegality of hotel construction (Para 1 , 5 , 11) |
| 2. inspectors' findings on violations (Para 2 , 4 , 8 , 15 , 20) |
| 3. procedure for valid construction (Para 7 , 10 , 12) |
| 4. court directives on compliance (Para 16 , 18 , 22) |
| 5. demolition and compensation orders (Para 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:-
Page 66-68
“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 disposed through p
