Order of the National Green Tribunal in the matter of Subhash Datta Vs State of West Bengal & Others dated 01/06/2020. The matter related to Santragachi Jheel, a notified bird sanctuary.

The case was instituted on the allegation that the water body was being polluted due to dumping of municipal and plastic wastes and building waste materials. Besides that it was alleged that constructions were being undertaken in the northern side of the jheel by filling up portion of the water body and that there were encroachments and growth of hyacinth.

The NGT noted that even after the passage of 2½ years and orders to settle the issue, nothing had been done. The railways had to provide for the land for setting up the sewage treatment plant for treatment of the sewage diverted away from the waterbody and the cost was to be shared between the Howrah Municipal Corporation (HMC) and the railways in the “ratio of the contribution of sewage”. Further, all the encroachments had to be removed.

The tribunal was appraised of the fact that the HMC and the railway authorities were responsible for the inordinate delay, whether it was the question of lease of the land, the release of funds towards cost of the projects and removal of encroachers. M/s Mackintosh Burn Ltd was responsible for the project.

The NGT directed reports to be filed within 30 days from the following respondents –

• The State of West Bengal,
• the HMC,
• the M/s. Mackintosh Burn Ltd.,
• the Executive Director, Land and Amenities-1, Railway Board and
• the Executive Director, Civil Engineering/ Environment and Housing Keeping Management, Railway Board.

The matter would be taken up before the court on July 21, 2020.