Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 17/2021/EZ
Sahadeb Kayal Applicant(s)
Versus
West Bengal Pollution Control Board & Ors. Respondent(s)
Date of hearing: 16.06.2021
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Ashok Kumar Singh, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury,
Advocate for R-11
Mr. Bikas Kargupta, Advocate for R- 2
3 and 5 to 9
Mr. Pritwish Basu, Advocate for R-1
ORDER
1. Heard Mr. Ashok Kumar Singh learned Counsel for the
applicant. Mr. Bikas Kargupta learned Counsel is present
on behalf of the State of West Bengal and we direct him
to accept notice on behalf of the Respondent No. 2-
Divisional Forest Officer Respondent No. 5-The Sub-
Divisional Officer, Baruipur Sub-Division, South 24
Parganas, Respondent No. 6-The Sub-Divisional Forest
Range Officer, Baruuipur Sub-Division, South 24
Parganas, Respondent No. 7-The Block Development
Officer, Joynagar, South 24 Parganas, Respondent No. 8-
The Office-in-Charge, Joynagar, South 24 Parganas,
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Respondent No. 9-Sreepur Gram Panchayat, South 24
Parganas and Respondent No. 10-The Prodhan, Sreepur
Gram Panchayat, South 24 Parganas. Mr. Pritwish Basu
learned Counsel is present for the Respondent No. 1-The
West Bengal Pollution Control Board. Mr. Gora Chand
Roy Choudhury learned Counsel is present for
Respondent No. 11-Ministry of Environment, Forests and
Climate Change (MoEF&CC).
2. The allegation in this original application is that as a
result of devastation caused by the cyclone ‘AMPHAN’, lot
of trees in the Sreepur Village Block Joynagar, District
South 24 Parganas were uprooted.
3. The allegation is that illegal felling of mature living trees
has been carried out in the area surrounding Netaji Park
in Sreepur Village under the garb of clearing the damage
caused as a result of cyclone ‘AMPHAN’.
4. In our opinion, matter requires consideration as
considerable question of environment arises.
5. We direct the Respondent No. 2-The Divisional Forest
Officer as well as the District Magistrte, South 24
Parganas to file their counter affidavit within three weeks.
Along with the counter affidavit the said respondents
shall also file a site inspection report with regard to the
allegations made in this original application. If the
committee finds that the allegations made in this Original
Application with regard to illegal felling of matured trees
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is correct, the District Magistrate shall proceed to take
appropriate criminal action against the concerned
persons and along with the Divisional Forest Officer shall
also make an estimate of the cost of the trees which have
been illegally felled so that the cost and damage may be
recovered from the concerned persons.
6. The applicant shall serve the e-copy of the original
application along with annexures on all the respondents
within 48 hours.
7. The applicant is directed to implead the District
Magistrate, South 24 Parganas in the array of
respondents as Respondent No. 12 within 48 hours.
8. List on 22.07.2021.
...................................
B. Amit Sthalekar, JM
.................................
Saibal Dasgupta, EM
June 16, 2021
O.A. No. 17/2021/EZ
MN
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