1

Item No.03

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

ORIGINAL APPLICATION NO.60/2021/EZ

IN THE MATTER OF :-

KANKANA DAS

D/o Mr. Aditya Kumar Das

Having residence at BB-90, Sector-1,

Kolkata-700064

West Bengal

………Applicant(s)

Versus

1.UNION OF INDIA

Through its Secretary,

Ministry of Environment, Forests & Climate Change,

Indira paryavaran Bhavan, Jor Bagh Road,

Aligunj, New Delhi-110003

2.CENTRAL POLLUTION CONTROL BOARD

Through its Member Secretary,

Parivesh Bhavan, CBD-cum-Office complex,

East Arjun Nagar, Delhi-110023

3.STATE OF WEST BENGAL

Through the Chief Secretary,

Department of Environment; 5^th Floor, Pranisampad

Bhawan, Block LB-II, Salt Lake, Sector-III,

Bidhannnagar, Kolkata-700106

4.WEST BENGAL POLLUTION CONTROL BOARD

Through its Member Secretary,

Paribesh Bhawan, 10A, Block-LA,

Sector-III, Bidhannagar,

Kolkata-700106

5.STATE OF ODISHA

Through its Chief Secretary,

Forest, Environment & Climate Change Department,

Kharavel Bhavan, Bhubaneshwar, Odisha

6.ODISHA STATE POLLUTION CONTROL BOARD

Through its Member Secretary,

Paribesh Bhawan, A/118, Nilakantha

Nagar, Unit-VIII, Bhubaneshwar-751012

7.STATE OF BIHAR

Through the Chief Secretary,

Van Vibhag Road, Nehru Nagar,

Patliputra Colony, Patna-800013

2

8.BIHAR STATE POLLUTION CONTROL BOARD

Through its Member Secretary,

Parivesh Bhawan, Plot No.NS-B/2,

Pataliputra Industrial Area, Digha,

Patna-800010

9.STATE OF JHARKHAND

Through the Chief Secretary,

Department of Forest, Environment and Climate Change

Van Bhavan, Doranda,

Ranchi-834002

10.JHARKHAND STATE POLLUTION CONTROL BOARD

Through its Member Secretary,

H.E.C, Dhurwa, Ranchi-834004

11.STATE OF ASSAM

Through the Chief Secretary

Department of Environment & Forest

H-Block, 2^nd Floor, Janata Bhavan,

Dispur, Guwahati-781006, Assam

12.ASSAM STATE POLLUTION CONTROL BOARD

Through its Member Secretary,

Pollution Control Board Assam,

Bamunimaidam, Guwahati-21

13.STATE OF MEGHALAYA

Through its Chief Secretary,

Government of Meghalaya, Main Secretariat Building,

Rilang Building, Room No.321, Shillong-793001,

14.MEGHALAYA STATE POLLUTION CONTROL BOARD

Through its Member Secretary,

Arden, Lumpyngngad

Shillong-793014

15.STATE OF NAGALAND

Through the Chief Secretary,

Department of Environment, Forests & Climate Change

Forest Colony, Kohima-797002

16.NAGALAND STATE POLLUTION CONTROL BOARD

Through its Member Secretary

Signal Point, Dimapur,

……….Respondent(s)

Date of hearing: 17.04.2023

CORAM:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER

HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

For Applicant(s)

: Mr. Saurabh Sharma, Adv. (in Virtual Mode), a/w

Mr. Kaustav Dhar, Advocate

3

For Respondent(s) : Mr. Soumitra Mukherjee, Adv. for R-1 (in Virtual Mode),

Mr. Dipanjan Ghosh, Adv. for R-2 (in Virtual Mode),

Mr. Sibojyoti Chakraborty, Adv. for R-3 & 4 (in Virtual Mode),

Mr. Prasenjit Mohapatra, ASC for R-5 (in Virtual Mode),

Ms. Papiya Banerjee Bihani, Adv. for R-6,

Mr. Surendra Kumar, Adv. for R-7,

Ms. Amrita Pandey, Adv. for R-8 (in Virtual Mode),

Ms. Aishwarya Rajyashree, Adv. for R-9 (in Virtual Mode),

Mr. Ashok Prasad, Adv. for R-10,

Mr. Shyamvar Deb, Adv. for R-12 (in Virtual Mode)

Mr. Anirudha Bhattacharya, Adv. for R-13 (in Virtual Mode),

Dr. Ankit Todi, Adv. for R-14 (in Virtual Mode),

Mr. Prang Newmai, Adv. for R-15 & 16, (in Virtual Mode),

ORDER

1.

The allegation in the Original Application is that the Respondent

No.1, Ministry of Environment, Forests and Climate Change, has

framed a ‘National Clean Air Programme’ (‘NCAP’ for short) under

Section 16(2)(b) of the Air (Prevention and Control of Pollution) Act,

1981 (‘Air Act’ for short). It is stated that in terms of NCAP, the

State Pollution Control Board/Pollution Control Committees and

the State Governments were required to