application under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010

 

FORM-I

 

BEFORE THE NATIONAL GREEN TRIBUNAL (EZ) KOLKATA MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

 

Application No………of 2021

 

Between:

 

Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas.

                                                                                                                    _________Applicant

 AND

 

1.   The West Bengal Pollution Control Board, service through the Chairman, having its office at Paribesh Bhavan, 10A, Block-L.A.,
Sector III, Salt Lake City, Kolkata - 700 098.

 

2.   The Divisional Forest Officer, having his office at New Administrative Building, Alipore, Kolkata – 700027.

 

3.   The Sabhapati, South 24 Parganas Zilla Parishad, Alipore, Kolkata – 700027.

 

4.   That Karmadhakshya Bon-O-Bhumi, South 24 Parganas Zilla Parishad, Alipore, Kolkata – 700027.

 

5.   The Sub-Divisional Officer, Baruipur Sub – Division, Baruipur, Kolkata – 700144, South 24 Parganas.

 

6.   The Sub-Divisional Forest Range Officer, Baruipur Sub-Dicision, Kolkata – 700144, South 24 Parganas.

 

7.   The Block Development Officer – Joynagar – I, having his office at Baharu, Post Office Naharu, Police Station – Joynagar, District – South 24 Parganas, Pin – 743372.

 

8.   The Officer-in-Charge, Joynagar Police Station, Joynagar, South 24 Parganas, Pin – 743337.

 

9.   Sreepur Gram Panchayat, represented by the Prodhan, Village – Sreepur, Post Office – Kashimpur, Police Station – Joynagar, District South 24 Parganas, Pin – 743337.

 

10.           The Prodhan, Sreepur Gram Panchayat, Village – Sreepur, Post Office – Kashimpur, Police Station – Joynagar, District – South 24 Parganas, Pin – 743337.

 

11.          The Union of India rep by its Secretary, Ministry of Environment and Forests & Climate Change, having its office at Room no. A-338,3rd Floor,Agni-Block Indira Paryavaran Bhawan Jor Bagh Road, New Delhi-110003.

                                                                      … Respondents

TO,

 

THE HON’BLE CHAIRMAN AND HIS COMPANION MEMBER OF THE NATIONAL GREEN TRIBUNAL.

 

HUMBLE APPLICATION SUBMITTED BY THE APPLICANT ABOVE NAMED

 

The Applicant is Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas. The applicant is interested in the protection of the environment and in protection of the right to a green environment guaranteed to him by the Constitution of India under Article 21 and in performance of his duty under Article 51. It is submitted that the present application has been seeking appropriate directions to preserve and save living trees under the Gram Panchayat of Village Sreepur. The inaction and incorrect action of the respondent authorities over the last several months have resulted in these village areas deteriorate the ecological balance whatsoever.

 

The addresses for service on the appellant is that of his Counsel:

 

ASHOK KUMAR SINGH

ADVOCATE FOR THE APPLICANT

High Court Bar Association Room No. 15,

High Court at Calcutta.

Mobile Number : 9883070666

E-Mail: aksinghadvocate@rediffmail.com

 

The Respondents are :

 

1.   The West Bengal Pollution Control Board, service through the Chairman, having its office at Paribesh Bhavan, 10A, Block-L.A.,
Sector III, Salt Lake City, Kolkata - 700 098.

 

2.   The Divisional Forest Officer, having his office at New Administrative Building, Alipore, Kolkata – 700027.

 

3.   The Sabhapati, South 24 Parganas Zilla Parishad, Alipore, Kolkata – 700027.

 

4.   That Karmadhakshya Bon-O-Bhumi, South 24 Parganas Zilla Parishad, Alipore, Kolkata – 700027.

 

5.   The Sub-Divisional Officer, Baruipur Sub – Division, Baruipur, Kolkata – 700144, South 24 Parganas.

 

6.   The Sub-Divisional Forest Range Officer, Baruipur Sub-Dicision, Kolkata – 700144, South 24 Parganas.

 

7.   The Block Development Officer – Joynagar – I, having his office at Baharu, Post Office Naharu, Police Station – Joynagar, District – South 24 Parganas, Pin – 743372.

 

8.   The Officer-in-Charge, Joynagar Police Station, Joynagar, South 24 Parganas, Pin – 743337.

 

9.   Sreepur Gram Panchayat, represented by the Prodhan, Village – Sreepur, Post Office – Kashimpur, Police Station – Joynagar, District South 24 Parganas, Pin – 743337.

 

10.                                                                           The Prodhan, Sreepur Gram Panchayat, Village – Sreepur, Post Office – Kashimpur, Police Station – Joynagar, District – South 24 Parganas, Pin – 743337.

 

11.                                                                           The Union of India rep by its Secretary, Ministry of Environment and Forests & Climate Change, having its office at Room no. A-338,3rd Floor,Agni-Block Indira Paryavaran Bhawan Jor Bagh Road, New Delhi-110003.

         

The address for service on the respondent is as stated above.

 

FACTS IN BRIEF

 

1.   The Gram Panchayat has felled down 50 number of trees without taking prior permission from the concerned authority. Therefore, public at large has suffered a lot and the suffering would continue as the felling of trees has cause damage to the ecological balance. Petitioner being a local resident along with others made a complaint which yielded no result and such he carves leave to move and proceed with the instant petition for upholding the common cause of the Public at large and the espousing any private interest and or any personal gain.

 

2.   Your petitioner submits he is acting bona fide with a view vindicating the cause of Justice to the people and not for his personal gain or profit or political motivation or other oblique consideration. It is further to be noted respondents have miserably failed to perform their statutory duties on the basis of complaint lodge by the villagers. In action has compelled your petitioner to approach this Hon’ble Tribunal redressing the grievances against the Gram Panchayat for felling of trees without the due process of law.

 

3.   Your petitioner lives within the vicinity of Sreepur Gram Panchayat, for the convenient hereinafter called “said Gram Panchayat”. The Gram Pnachayat has felled down and/ or chopped down nearly 30 number of trees which were planted in 1993 under the supervision of the then Gram Panchayat, within the jurisdiction Jaynagar – I Panchayat Samiti. Huge plantation was made on the land and was named as “NATAJI PARK”. In 1997 with the aid & assistance of South 24 Parganas Zilla Parashad it was beautified as a park. Every morning as well as in the evening people at come and have their walk and physical exercise and also spend their leisure time in a midst of lush green of the said park.

 

4.   There were as many as 240 numbers of trees before the present Gram Panchayat feel down at least 50 numbers of trees with the plea that the Aamphan storm has caused damage to those trees. This is curious enough that said storm had occasioned on 22^nd May 2020 but what prompted to remove those trees on October 24, 2020. Even assuming the felling and/or removal of trees where essentially required in that event the Gram Panchayat is/ was under obligation to seek permission from the competent authority (ies).

 

5.   At the instance of the Prodhan & Upaprodhan of the said Gram Panchayat persons were deployed to fell down trees and upon questioning by the villagers they could not show any such permission. Even no satisfactory answer came forward from above tow persons save and except that the Gram Panchayat has taken a resolution to fell down trees.

 

6.   Above said persons holding the responsible posts do not know the provisions of law. Even after questioning they did not check the same up with the other public authorities what they ought to have been done. On the contrary they inclusive of their agents threatened some of the villagers for making complaints. The entire attempt for felling down trees has been made during the Puja vacation very purposely while Administrative Offices and Judicial Forms were closed. Petitioner along with some villagers made a complaint to all concerned to take immediate steps including Section of logs mentioning where the logs were lying, unfortunately the authority did nothing for the reasons best known to them.

 

7.   It is notable in the notice of complaints into us specifically mentioned that the logs were lying and the said Netaji Park which were required to be seized as per the Law. Surprisingly authority remained silent and taking advantage of that the respondent Prodhan & Upo-Prodhan did able to remove those logs. Villagers could able to take some photograph while trees were being felled.

 

8.   Trees are invaluable to Human life, and to all creatures of the earth. There was no logic in cutting the matured living Trees. Trees provide us Oxygen, and at the same time, they minimize percentage of Carbon-di-oxide. The concern Park is being used as a life line of the entire Village and people of adjacent Villages.

 

9.   Having receive protest the concern authority, failed to produce any work order for cutting the Living Trees. The Trees have been cut for ulterior motive, which has caused irreparable loss to the People using the said Park. Modern studies, has revealed the various usefulness of Living Trees. Several authorities including the Government in each year take a special drive for plantation of Trees. Therefore cutting living trees cannot be carried out by statutory authorities, specially, when the said Trees did not cause any hazard to public life.

 

10.                Unwarranted cutting of trees have misbalanced natural equilibrium as a result of which the villagers are suffering tremendously. Such deforestation have taken away smooth living of the villagers.

   

11.                 Complaint on such serious environment pollution problems has been duly intimated by the applicant to the concerned respondents. The respondents acknowledge their receipts, though did not take any recourses against the responsible persons. The Photocopy of Complaint dated 29^th day of December’ 2020, is enclosing herewith and marked as  Annexure “A”.

       

12.                 The concerned respondents despite having specific knowledge of such illegal activities by the concerned Prodhan & Upo-Prodhan have not proceeded in any manner against the wrong dower for illegal feeling of trees. The petitioner personally met the concerned Block Development Officer with a request to take steps immediately. Unfortunately he avoided the issue saying since I have joined very recently, it would take some time to handle the issue as there are other important works to be done rather than your issue.

 

13.                However the Block Development Officer, of Joynagar – I, Block Development, Baharu, South 24-Parganas, forwarded the complaint of your applicant to the Prodhan, Sreepur Gram Panchayat, Joynagar, South 24 Parganas, for taking necessary action in illegal felling of trees at Netaji Park, vide Memo no. 22/BDO Joy – 1, dated 06-01-2021. The Prodhan did not take any necessary action, so far. The Photocopy of the said memo dated 06-01-2021, is enclosing herewith and marked as Annexure – “B”.

 

14.                Such incident has been reported in different News papers like Gangeyo Sundarban Barta (dated 22.11.20) Kalam (dated 22.11.20) & Anandabazar Patrika (dated 22.11.20). Photocopy of such reporting is enclosing herewith and marked as Annexure –“C”.

 

15.                 Being aggrieved by and/ or dissatisfied with the inaction on the part of the respondents for not making any probe in the complaint, your petitioner begs to move this application on the Following amongst other :-

 

 

GROUNDS

 

I.             When specific complaint has been lodged the authority should have enquired into the issue and take steps accordingly.

 

II.           The Gram Panchayat has fell down trees without any authority.

 

III.          The Gram Panchayat at the instance of respondent Prodhan & Upo- Prodhan has fell down trees causing damage to the environment while the entire world has made a drive for plantation to fight against global warming.

 

IV.         Trees are invaluable to Human life, and to all creatures of the earth. There was no logic in cutting the matured living Trees. Trees provide us Oxygen, and at the same time, they minimize percentage of Carbon-di-oxide. The concern Park is being used as a life line of the entire Village and people of adjacent Villages.

 

V.           Having receive protest the concern authority, failed to produce any work order for cutting the Living Trees. The Trees have been cut for ulterior motive, which has caused irreparable loss to the People using the said Park. Modern studies, has revealed the various usefulness of Living Trees. Several authorities including the Government in each year take a special drive for plantation of Trees. Therefore cutting living trees cannot be carried out by statutory authorities, specially, when the said Trees did not cause any hazard to public life.

 

VI.         Unwarranted cutting of trees have misbalanced natural equilibrium as a result of which the villagers are suffering tremendously. Such deforestation have taken away smooth living of the villagers.

 

VII.        The action of the respondent is mala-fide whimsical, arbitrary against the guideline prevailing in the field.

 

VIII.      At least the concerned Block Development Officer & Officer- in – Charge ought to have intervened into the issue immediately and by not doing so has miserably failed to perform their statutory duties and in action on their part has aided to mature their ill motive  for their personal gang.

 

IX.         Non consideration of the presentation is against the principle of natural justice.

 

X.           The failure of the respondents is violative of Article 21, 51, 14 and all environmental laws and is a health issue for millions of people.

 

LIMITATION:

 

The Applicant declares that as per the National Green Tribunal Act 2010 this application is well within the prescribed time.

 

INTERIM RELIEF:

 

Pending disposal of the application, the applicant pray that this Hon’ble Tribunal be pleased to DIRECT THE RESPONDENTS TO FORTHWITH

 

A.   furnish details of all plans, proposals and projects launched to “Netaji Park” in Sreepur Village and the action taken under these plans.

B.   Refrain from cutting any living Tree in and around Sreepur Village.

C.   Furnish a list of Trees maintained and used by the government departments and Panchayat.

D.  Conduct a survey of the entire area of Sreepur Village about living Trees and submit a report to this Hon’ble Tribunal on the unwarranted cutting of living trees.

E.   Conduct a survey of the number of valuable matured living Trees and submit a report to this Hon’ble Tribunal.

F.   Ensure and prevent the matured living Trees in the Sreepur Village.

G.  Submit a detailed plan for the preservation & protection of living Trees in Sreepur Village and to prevent the illegal cutting of mature living Trees in Sreepur Village.

H.  Maintain the protection of living trees free from obstruction.

I.    Take immediate action to strengthen the protection of living trees free from obstruction.

J.    And such further order or orders as may be fit proper and necessary in the facts and circumstances of the case.

 

 

 

PRAYER

 

For the reasons stated above, it is humbly prayed that this Hon’ble Tribunal may be pleased to:

A.             Direct the respondent authorities to maintain the protection of living trees free from obstruction free from any contamination or pollution.

B.          Direct the respondent authorities take all steps to ensure that the protection of living trees free from obstruction is maintained.

C.                Direct the respondent authorities to stop illegal cutting of matured living Trees in Sreepur Village and to protect the integrity of the Environment.

D.            issue an order in the nature of a continuing mandamus, Constitute a high level committee to monitor the living Trees and submit periodical reports to this Hon’ble Tribunal.

E.           And pass such further order or orders as may be fit proper and necessary in the facts and circumstances of the case and thus render justice.

 

 

X                         

 

Signature of Applicant

 

 

SIGNATURE OF THE APPLICANT’S COUNSEL

 

 

VERIFICATION

 

I, Sahadeb Kayal, the applicant herein, do hereby verify that the contents of the above paragraphs are true to the best of my Knowledge and grounds are based on legal advice and that I have not suppressed any material fact.

 

 

Date :                                          X

Place :   Kolkata                                                                      APPLICANT

 

 

VERIFICATION

 

I, Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas, do hereby solemnly affirm and says as follows :

 

1.   That I am the applicant of the present Original Application, placed before the Hon’ble Tribunal. I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my application. I am competent to swear this affidavit.

 

2.   That my application on serious Environment problems, which has arisen at behest of the Concerned Respondent.

 

3.   That the contents of paragraph number 1 to 14 are true to my best of knowledge and belief and the rests are my humble submissions before the Hon’ble Tribunal.

 

The above statements are true to my knowledge and belief.

 

 

Date :                                X

Place :   Kolkata

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber;

 

Ashok Kumar Singh,

Advocate

N O T A R Y

 

BEFORE THE NATIONAL GREEN TRIBUNAL (EZ) KOLKATA (EZ) MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

Application No………of 2021

 

Between:

Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas

                AND

The State of West Bengal & Others                                                                                                                               _______Respondents

VAKALTNAMA

I, Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas, applicant herein, do appoint and retain

Mr. Ashok Kumar Singh, Advocate

High Court Bar Association Room No. 15,

High Court at Calcutta

Mobile : 9883070666 / 9836829666

Email : aksinghadvocate@rediffmail.com

Advocates to appear me in the above Application and to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree or order passed therein including all applications for return of documents or the receipt to any moneys that may be payable to me in the said Appeal/ Application and also in appeal under to the Supreme Court of India and in all applications for review Judgement.

 

I Certify that the contents of this vakalatnama at were read our and explained

in my presence to the Executant who appeared

perfectly to understand the same and made his                     X

/ her their signature in my presence

 

Executed before me this ____________2021

 

 

ACCEPTED:                                                              Counsel for Applicant

 

The address for service of the said Counsel: Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta, Kolkata – 700001. Mobile Number : 9883070666 / 9836829666. Email : aksinghadvocate@rediffmail.com

 

MEMORANDUM OF APPLICATION

 

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

 

Application No………of 2021

 

Between:

Sahadeb Kayal, Son of Late Bhanu Bhushan Kayal, residing at Village - Sreepur,  Post Office - Kashimpur,  Police Station – Jaynagar, Block - Jaynagar – I, Pin – 743372, District – South 24 Parganas                                                                …. Applicant

 

AND

The State of West Bengal & Others                              …. Respondents

 

Volume – I PAPERBOOK I

 

 

S.L	DESCRIPTION	Annexure	Page
1	Memorandum of Application	-	1 - 11
2	Complaint dated 29-12-2020	A	12-17
3	Memo dated 06-01-2021	B	18
4	Reporting in News Papers	C	19-23
5	Vakalatnama		24

 

 

 

 

 

 

 

 

 

 

ASHOK KUMAR SINGH

ADVOCATE

HIGH COURT BAR ASSOCIATION ROOM NO. 15, HIGH COURT AT CALCUTTA

Mobile Number : 9883070666

E-mail :

aksinghadvocate@rediffmail.com