CHINMOY MONDAL vs DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE

1 Item No.01 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Miscellaneous Application No.32/2023/EZ In Original Application No.75/2020/EZ In the matter of: 1.

The Mayor, Durgapur Municipal Corporation, Post Office – Durgapur, District – Paschim Bardhaman, Durgapur - 713216 2.

Chinmoy Mondal Son of late Badal Chandra Mondal, Residing at Village and Post Office – Baktarnagar, Ghoshal Para, Police Station – Raniganj, District – Paschim Bardhaman, Pin Code - 713321 ….

Applicant(s) Versus 1.

The Principal Secretary, The Department of Environment, Government of West Bengal, At Pranisampad Bhaban, Block-LB-II, Chaim Mandal, Salt Lake City, Sector-III, Kolkata – 700106 2.

The West Bengal Pollution Control Board, Service through the Member Secretary, Having its office at Paribesh Bhawan, 10A, Block-LA, Sector-III, Salt Lake City, Kolkata – 700098 3.

Asansol Durgapur Development Authority, through the Chief Executive Officer, 1, Administrative Building, City Centre, Durgapur - 713216 ….

Respondent(s) Date of hearing: 22.11.2023 CORAM: HON’BLE MR.

JUSTICE B.

AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR.

ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Ms.

Amrita Pandey, Advocate (in Virtual Mode) 2 ORDER 1.

The Miscellaneous Application No.32/2023/EZ has been filed in the Original Application No.75/2020/EZ seeking extension of timeline for construction of Faecal Sludge Treatment Plant (FSTP).

The Original Application No.75/2020/EZ was disposed of by this Tribunal vide its order dated 19.04.2022 with the following directions as contained in para 25 which reads as under: - “25.

We, therefore, dispose of this Original Application with a direction to the Durgapur Municipal Corporation to ensure completion of the RCC work of drain as well as construction of STP to be completed positively within a period of six months and affidavit of compliance to that effect shall be filed by 14.10.2022.

4.10.2022.

We also direct that other measures for keeping the city clean and green by reducing air and dust pollution be undertaken at a rapid pace.” 2.

Thereafter, Miscellaneous Application No.41/2022/EZ was filed by the Durgapur Municipal Corporation again seeking extension of time for completion of the RCC drain work and construction of STP and accordingly the Miscellaneous Application No.41/2022/EZ was disposed of by this Tribunal vide its order dated 15.12.2022 and time for construction of STP was extended upto 31.07.2023.

Para 6 of the order dated 15.12.2022 reads as under: - “In this view of the matter, we extend the time for completion of construction of STP till 31.07.2023 and the affidavit of compliance shall be filed by the Durgapur Municipal Corporation by 16.08.2023.” 3.

Thereafter, another Miscellaneous Application No.25/2023/EZ was filed seeking further extension of time for construction of Faecal 3 Sludge Treatment Plant (FSTP) but no timeline was given for completion of the project and the Miscellaneous Application No.25/2023/EZ was therefore dismissed by this Tribunal vide its order dated 13.09.2023.

4.

In the present Miscellaneous Application No.32/2023/EZ, the timeline for construction of the Faecal Sludge Treatment Plant (FSTP) has been given as three months from the date of publication of tender.

The tender was published on 21.09.2023.

It is mentioned that the estimated time period for completion of work is 14 months from the date of issuance of Work Order.

5.

That it is stated that D.P.R. for “Treating of sewerage before Poddar Pukur by constructed Wetland technology” will be prepared within 31.12.2023 and the tender process will take three months and execution period is four months.

6.

It is also stated that work of “Rejuvenation of Pond by clearing of water hyacinth at Poddar Pukur within Ward-24, under DMC” amounting to Rs.9,74,980/- has been completed by the Durgapur Municipal Corporation.

7. ration.

7.

Estimate for “Desilting and natural strengthening of bank at Poddar Pukur within Ward No.24 has been prepared amounting to Rs.98,50,942/-.

Tender has been floated on 01.09.2023 and work will be completed by 31.01.2024.

8.

Same information is contained in Annexure-‘D to this Miscellaneous Application and in the Prayer it is stated that the time may be extended as per timeline in Annexure-‘D’ for compliance of the direction of the Tribunal.

4 9.

Since in Annexure-‘D’ the completion of the work is stated to be 31.01.2024, we accordingly extend the timeline as given in Annexure-‘D’ which reads as under: - “Annexure-D Time line for Construction of Faecal sludge Treatment Plant (FSTP) Tender Process: - Estimated time period is 3 months from the date of publication Date of publication of tender: - 21.09.2023 Completion of tender process: - The entire tender process may take around 3 months to complete as the said work requires high level of sophistication and advanced technology.

Estimated time period for completion of work: - 14 months from the date of issuance of work order.

Additional works executed by Durgapur Municipal Corporation other than Faecal sludge Treatment Plant (FSTP) a) “Treating of sewerage before Poddar Pukur by constructed Wetland technology” DPR preparation: - 31st December, 2023 Tender process: - 3 months Execution period: - 4 months. b) “Rejuvenation of Pond by clearing of water hyacinth at Poddar Pukur within Ward-24, under DMC”: - work has been successfully completed by the DMC.

5 c) Estimate for “Desilting and natural strengthening of bank at Poddar Pukur within ward no.-24” has been prepared amounting to Rs.98,50,942.00.

Tender floated on 01.09.2023.

Completion of work: - 31st January, 2024” 10.

In terms of the timeline given in Annexure-‘D’ to the M.A. hereinabove, we, accordingly dispose of the present Miscellaneous Application No.32/2023/EZ.

11.

There shall be no order as to costs. .....................................

B. .......

B.

Amit Sthalekar, JM …......................

Dr.

Arun Kumar Verma, EM November 22, 2023, Miscellaneous Application No.32/2023/EZ In Original Application No.75/2020/EZ SKB