Order of the National Green Tribunal (Eastern Zone, Kolkata) in the matter of Ashish Kumar Vs State of West Bengal & Others dated 24/02/2025.

The report of the Fact Finding Committee imposed a penalty of Rs 12,75,000 on Bengal Shristi Infrastructure Development Limited for environmental damage. The District Magistrate, Paschim Burdwan has accepted the findings of the Fact Finding Committee.

Counsel appearing for Bengal Shristi Infrastructure Development Limited seeks time to file a response to the report of the Fact Finding Committee. Meanwhile, the Project Proponent claims to have applied for the Environmental Clearance under the violation category, as the constructions were commenced before obtaining the Environmental Clearance. The process of the same has already been stayed by the Supreme Court. Until the project proponent obtains Environmental Clearance, any construction activities undertaken would be a violation. Therefore, it would be appropriate for the project proponent to refrain from proceeding with the work, the order said.

The applicant, Ashish Kumar has filed the application alleging the dumping of debris into the river Nunia. The applicant raised concerns about different construction projects namely Tarang; Town House and Sangati. All the projects are being constructed on the land of Asansol Durgapur Development Authority allotted for Shristinagar Township project measuring 89.67 acres approximately. It was also said that these projects do not have any Environmental Clearance issued by State Environment Impact Assessment Authority (SEIAA).

It was further alleged that the illegal constructions have encroached the long stretch of the passing Garui and have turned the river into a narrow drain. It is stated that the river Garui is a tributary of river Nunia and the river Nunia is a tributary of river Damodar and both the rivers have been heavily impacted due to various types of industrial and construction activities.