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2024 Supreme(Online)(NGT) 4920

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Binay Basfore – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Applicants: Mr. Ankur Sharma, Adv.
For the Respondents:Mr. Sudip Kumar Dutta, Adv. for State Respondents, Mr. Dipanjan Ghosh, Adv. for R-11, Ms. Rashhmi Singhee, Adv. for R-12, Mr. Sibojyoti Chakrabarti, Adv. for R-13 (in Virtual Mode)

Table of Content
1. allegations regarding pond filling by respondent. (Para 1 , 2 , 6 , 10)
2. prior directives and compliance measures discussed. (Para 3 , 5 , 12 , 17)
3. regulations for maintaining water body integrity. (Para 20 , 24 , 25)
4. case disposed with no costs assigned. (Para 26 , 28)
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ORDER

1. The allegation of the Applicant in the present Original Application is that the Respondent No.12, Mohammad Moinuddin Ansari, is filling up a pond measuring about 20 decimals situated in L.R. Dag No.305/477, L.R. Khatian No.1128, J.L. No.32, Police Station- Sankrail of Mouza-Banipur, District-Howrah. It is stated that the Respondent No.12 is the owner of the „Pukur Par‟ (Pond) in question which is recorded as such in the Record of Rights.

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2. It is alleged that the Respondent No.12 had constructed a brick boundary wall on the said „Pukur Par‟ against which a writ petition being W.P.A. (P) No.13 of 2022 was filed by the Applicant. It is stated that in the said Writ Petition, a Report in the form of affidavit dated 16.03.2022 was filed by the Block Land and Land Reforms Officer and Special Revenue Officer-II, Sankrail, District-Howrah, stating therein that there is a bamboo fencing betwee

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