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

Written Objection in Maintenance application under Section 125 of CR.P.C.

  District : South 24 Parganas In the Court of the Learned 3 rd Judicial Magistrate, at Alipore, South 24 Parganas. ACM Case no. 834 of 2018   IN THE MATTER OF: Saba Afreen, Wife of Md. Shakil @ Md. Aqeel Asrari, Daughter of Md. Shabbir, residing at premises being no. Z-5/238/70A, Bagdi Para Road, Post Office – Badartala, Police Station Nadial, Kolkata – 700 044, District – South 24 Parganas.                                  …Petitioner VERSUS   Md. Shakil @ Md. Aqeel Asrari, Son of Md. Ayub Asrari, residing at premises being no. T-170, Mitha Talab, Post Office – Badartala, Police Station – Rajabagan, Kolkata – 700 018, District – South 24 Parganas.                         …Opposite Party ...
Post a Comment
Read more

WRITTEN OBJECTION IN CONSUMER CASE

      Before the Honourable   District Consumer Disputes Redressal Forum at Alipore South 24 Parganas                                                       Ref : Complaint Case   No. 323 of 2014                                                                           A     N     D      ...
Post a Comment
Read more