Date of Order: 24-09-2002

Appeal No.18/2002 (Debrupayan Housing Finance Ltd. Vs. W.B. Pollution Control Board & Ors.)

Appeal No.A-46/2001 to A-51/2001).(Six nos. of appellant units Vs. W.B. Pollution Control Board & Ors.)

On the prayer of KMDA for allowing construction of Barrackpore Dum Dum Express Highway being constructed by KMDA, portion of which falls in the wetland area, Hon’ble Appellate Authority directed KMDA to submit a detailed report indicating how the character of the said wetland could be preserved even after construction of high way.

The purpose of such was to ascertain so that the wet land does not loose it’s character in any manner.

Hon’ble Appellate Authority further directed KMDA to submit detailed report along with calculation whatsoever necessary, in consultation with the Institute of Wetland Management & Ecological Design (IWMED) and other relevant department. This apart, it was also directed by the Appellate Authority that all other relevant facts regarding the construction of any structure over the expressway and/or any structure/residence beside the expressway, must be taken into consideration and indicate in the report.

Further on the basis of complaint made by the complainant parties furnishing the numbers of vehicles by which still the wetland is filled up by means of dumping of fly ash, Appellate Authority directed the State Board to take steps against the vehicles concerned and Police authority was also directed to investigate the matter from the Drivers and owners of the vehicles who are the persons performing the said work.

It was also directed that State Board may take steps from the point of law as prescribed under Environment (Protection) Act, by filing criminal case for the purpose of protecting wetland.

Date of Order: 09.09.2003

A. Pollution Control Appellant Authority (W.B.)

1. Appeal No. A-18/2002 [Debrupayan Housing Finance Limited, Appellant Vs W. B. Pollution Control Board & Ors. Respondents]

The matter relates with the construction of a huge township by filling up of wetland by fly-ash in the district of North 24-Parganas.

Hon'ble Authority observed that without obtaining any permission from any statutory authority including the State Board the appellant unit has started wetland filling job and published advertisement in newspapers and fixed up hoardings inviting members of the public to be associated and participate in the said project for purchasing of properties.

Hon'ble Authority after a number of hearings was pleased to dismiss of the said appeal directing the appellant unit not to proceed further with their construction job without obtaining specific permission from the State Pollution Control Board in future.

Hon'ble Authority observed that the appellant unit may apply to the Pollution Control Board in proper form for anything they want to do in accordance with law, requiring the NOC of the Pollution Control Board, but till such no NOC is obtained Hon'ble Authority directed the appellant unit not to do any thing in the ground for filling up of any land or wetland in the concerned area or raising or making any construction whatsoever.

Hon'ble Authority also directed the appellant unit not put any advertisement for contemplating project for public participation, without first getting clearance from all concerned, including the Pollution Control Board.

All concerned authorities also directed to take prompt action in respect of any violation of this order.

Hon'ble Authority also directed the State Board to give proper media publicity of this order and also about the direction issued by this State Board in this regard on 05.09.2003.

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