Skip to main content

order of NATIONAL GREEN TRIBUNAL

 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,

2

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

3

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

Comments

Post a Comment

Popular posts from this blog

OBJECTIONS OF RESPONDENTS TO DELAY CONDONATION APPLICATION FILED BY PETITIONER

  OBJECTIONS OF 2ND TO 4TH RESPONDENTS TO DELAY CONDONATION APPLICATION FILED BY PETITIONER:- 1. The interim application is not maintainable since the affidavit accompanied the application does not speaks truth and its vague and not specific in disclosing accurate reasons for the absence of petitioner/plaintiff in the days wherein court has scheduled to plaintiff evidence. 2. The affidavit consist of mere allegations un-supported by documents, hence liable to be dismissed. The written statement and objections filed by these respondents to the main petition be read as part and parcel of this objections to delay condonation application. 3. The matter of condonation of delay, it is an established position that every day's delay has to be explained and a person who seeks the exercise of the discretion to condone the delay in his favour cannot run away by making a mere general statement or mere allegation unsupported by document or mere passing of his laches upon his advocate. 4...
Post a Comment
Read more

"As Is" and "As Available"

  " As Is" and "As Available " " As available " applies to goods and services, including those provided online. ... With apps and websites, " As Available " indicates contractual standards only when the product or service is available. “As Is” alerts a buyer in a sales contract that they accept the purchased item, be it real estate, animals, automobiles or appliances, in its present condition. It also assumes the buyer has a right to inspect the property first so they can assess any defects and make an informed decision. “As available” applies to goods and services, including those provided online. At its most simple definition, it refers to products in stock or real estate that remain on the market. Once purchased, there are no guarantees because the product is no longer available. It also refers to store or office hours with a bricks-and-mortar business. With apps and websites, “As Available” indicates contractual standards only when the produc...
Post a Comment
Read more

Quashing a False 498a FIR

  Quashing a False 498a FIR Quashing of FIR is a tough matter ! Courts generally are reluctant to interfere at the stage of investigation and only very strong grounds + persuasive arguments can make a bench sit up and taking a 482 matter seriously. FIR’s can be quashed if they an abuse of process of law/prima facie don’t disclose any offence or are inherently improbable - If you are thinking about quashing of FIR u/s 498a/406. These are the grounds/list of judgments of quashing that would help bolster your plea : GROUNDS FOR QUASHING IN A 498a/406/34 IPC MATTER • BECAUSE  Section 482 of the Cr.PC  categorically saves the inherent power of High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. In the instant case it is pertinent in the ends of justice and to prevent an abuse of the process of law that the impugned FIR be quashed. • BECAUSE ...
Post a Comment
Read more