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Item No.01

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

ORIGINAL APPLICATION NO.159/2022/EZ

IN THE MATTER OF:-

1.Sahidul Mallick,

Son of Yeasin Mallick,

2.Faruk Mallick,

Son of Yeasin Mallick,

3.Kawsar Mallick,

Son of Yeasin Mallick,

All are R/o Village-Raipur,

Post Office-Paglachandi,

Police Station-Kaligunj,

Dist-Nadia, PIN-741181

……Applicant(s)

Versus

1.State of West Bengal,

Service through the Principal Secretary,

Department of Environment,

Government of West Bengal,

Pranisampad Bhavan,

5^th Floor, LB, Sector-III, Salt Lake,

Kolkata-700098,

2.The West Bengal Pollution Control Board,

Service through the Chairman,

Paribes Bhawan, 10A,

Block-LA, Sector-III, Bidhan Nagar,

Kolkata-700105,

3.The Member Secretary,

West Bengal Pollution Control Board,

Paribesh Bhawan, 10A, Block-LA,

Sector-III, Bidhan Nagar,

Kolkata-700105,

4.The Environmental Engineer,

West Bengal Pollution Control Board,

Regional Office, Post Office-Narayanpur,

Panpur More, District-North 24-Parganas,

PIN-743126,

5.District Magistrate,

Nadia, Post Office-Krishnanagar,

District-Nadia,

PIN-741101,

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6.The Block Development Officer,

Kaliganj Block, Post Office-Debagram,

District-Nadia, Pin-741137,

7.The Officer-in-Charge,

Kaliganj Police Station,

Post Office-Debagram, District-Nadia,

PIN-741137,

8.Tunu Bibi Sk.,

Wife of Anwar Sk.,

R/o Village – Raipur, Post Office-Paglachandi,

Police Station-Kaligunj, District-Nadia,

PIN-741181,

9.Anwar Sheikh,

Son of Haferuddin Sk.,

R/o Village-Raipur, Post Office-Paglachandi,

Police Station-Kaligunj, District-Nadia,

PIN-741181,

...….Respondent(s)

Date of hearing: 10.05.2023

CORAM:

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

HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

For Applicant(s)

: None

For Respondent(s) : Mr. Sibojyoti Chakraborty, Adv. for 1,5-7, (in Virtual Mode),

Mr. Prithwish Basu, Adv. for R-2,3 & 4,

Mr. Maidul Islam Kayal, Adv. for R-8 & 9,

ORDER

1.

Case called out. No one is present for the Applicants.

2.

On the previous date i.e., 04.05.2023 also, no one was present on

behalf of the Applicant.

3.

Mr. Sibojyoti Chakraborty, learned Counsel is present in Virtual

Mode for the State Respondents, Government of West Bengal and

the Counsel for the other Respondents are present in Court.

4.

This Original Application has been filed by the Applicants on the

allegation that the Respondent Nos. 8 & 9, Private Respondents, are

running an illegal ‘Paper Cup’ and ‘Paper Plate’ making factory in

the name and style of “Sabura Industry” situated in Village-Raipur,

Post Office - Paglachandi, Police Station-Kaligunj, District-Nadia,

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which is producing tremendous noise thereby causing 24 hours

noise pollution.

5.

It is also alleged that the residents of the area have also made

complaints to the West Bengal Pollution Control Board, Kolkata, in

this regard but no action has been taken. It is stated that all that

has been done by the West Bengal Pollution Control Board is that

they have addressed a letter to the Officer-in-Charge, Kaliganj

Police Station, requesting them to ensure that the Paper Cup Unit

of Tunu Bibi Sekh runs only after obtaining necessary statutory

licenses including valid trade license and Consent to Operate of the

State Board.

6.

Since the residents of the area had complained to the West Bengal

Pollution Control Board, we had expected the Pollution Control

Board to have immediately caused an inspection of the site and

taken action/suggested remedial measures to the Respondent Nos.

8 & 9.

7.

In our opinion, the Pollution Control Board being the regulatory

authority could have itself verified whether the Consent to Operate

and other Consents had been granted by the Board or not instead

of requesting the Officer-in-Charge of Kaliganj Police Station, to

enquire about the same from Respondent Nos