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BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA
O.A. No. 62/2015/EZ

SUBHAS DATTA & ANR

VS

STATE OF WEST BENGAL & ORS

CORAM: Hon’ble Mr. Justice Pratap Kumar Ray, Judicial Member

Hon’ble Prof. (Dr.) P. C. Mishra, Expert Member

PRESENT: Applicants : Mr. Subhas Datta, in person

Respondent s : None

Orders of the Tribunal

Date & Remarks
Item No. 3
13th August, 2015. Heard Mr. Subhas Datta, who appears in person along with
Mrs. Kaushiki Ghatak, who is also an applicant in this OA.
It is alleged that in breach of West Bengal Trees (Protection &
Conservation in Non-Forest Areas) Act 2006, the West Bengal Waste Land
Development Corporation (respondent No. 3), has appointed a contractor
vide permit No. 24/2015 issued by the Forest Deptt to cut the trees in the
concerned area of Durgapur which is a buffer tree zone to protect the air
pollution, particularly the industrial pollution in view of many numbers of
industrial units operating there. The applicant got a letter from DFO,
Durgapur on 10.7.15 wherefrom it is known that in total 8250 trees will be
felled in non-forest area which are more than 50 years old. According Mr.
Datta no purpose or reason has been assigned for feeling such huge number
of trees.
Felling of such huge number of trees in industrial area like
Durgapur, which has been listed as critically Polluted Area by CPCB, is a
serious hazards for environment which may result in creating imbalance
of environment and resultant effect is increase in air pollutants in the
ambient air of the locality leading to sufferings of the people.
Having regard to the pleadings made in the application, we are
of the view that a substantial question relating to environment has been
raised under the Environment (Protection) act, 1986 and Air (Prevention
and Control of Pollution) act, 1981. Hence, the application is admitted
applying the environment jurisprudence. Let notice be served on usual
terms by Dasti, Speed Post, Registered Post. Registry to take action
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accordingly.
Respondent No. 1, Addl. Chief Secretary, Deptt. of Forest,
respondent No. 3, Managing Director, WB Waste Land Development
Corporation Ltd, respondent No. 4, Addl. Secretary, Deptt. of Environment
and respondent No. 4, WBPCB are directed to submit respective status
report and reply, if any, by three weeks positively. In the meantime,
respective respondents shall not take any action which will be in breach of
West Bengal Trees (Protection & Conservation in Non-Forest Areas) Act
2006 and Environment (Protection) Act, 1986. The prayer of interim order,
as made in the application, will be considered on receipt of the reply and
status reports on the next date.
Matter is posted on 07.9.2015.

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Justice Pratap Kumar Ray, JM

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Prof. (Dr.) P. C. Mishra, EM