SUBHASH DATTA vs STATE OF WEST BENGAL

1 Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.104/2023/EZ (I.A.

No.

69/2023/EZ) Subhas Datta Applicant(s) Versus State of West Bengal & Ors.

Respondent(s) Date of hearing: 08.01.2024 CORAM: HON’BLE MR.

JUSTICE B.

AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR.

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

Subhas Datta, in person For Respondent(s) : Mr.

Sibojyoti Chakraborty, Adv. for R-1,2,3&9, (in Virtual Mode) Mr.

Kallol Basu, Advocate (in Virtual Mode) a/w Ms.

Paushali Banerjee, Advocate for R-4, Ms.

Anamika Pandey, Adv. for-5, (in Virtual Mode) Ms.

Amirta Pandey, Adv. for R-6, (in Virtual Mode) Mr.

Prithwish Basu, Advocate for R-7, Mr.

Ashok Prasad, Advocate for R-8, (in Virtual Mode) Mr.

Abhijit Basu, Advocate (in Virtual Mode) a/w Mr.

Anirban Ghosh, Advocate in I.A., ORDER 1.

Mr.

Subhas Datta, the Applicant, is present in person.

2.

Counter-affidavit dated 17.11.2023 has been filed on behalf of the Respondent No.8, National Mission for Clean Ganga; the same is taken on record.

3.

List on 05.02.2024. (I.A.

No.69/2023/EZ):- 1.

The I.A.

No.69/2023/EZ filed by the Applicant, Howrah Station (Chandmari Ghat) Babsai Samity, is taken up.

We have heard Mr.

Subhas Datta, the Applicant in person in the Original Application with regard to the objection, if any, on the I.A. as well as Mr.

Abhijit Basu, learned Counsel appearing (in Virtual 2 Mode) assisted by Mr.

Anirban Ghosh, learned Counsel for the Applicant in the I.A.

4.

Datta has no objection if this I.A. is allowed and Howrah Station (Chandmari Ghat) Babsai Samity is impleaded in the array of Respondents.

5.

We accordingly allow this I.A. and direct the Applicant to implead Howrah Station (Chandmari Ghat) Babsai Samity in the array of Respondents as Respondent No.10 in the course of the day.

6.

Mr. ay.

Anirban Ghosh, learned Counsel shall share his e-mail address in the chat box of the Virtual Link in the course of the day.

7.

Subhas Datta shall serve copy of the Original Application along with all its annexures upon Mr.

Anirban Ghosh, learned Counsel within 48 hours.

8.

The Syamaprasad Mukherjee Port, West Bengal Pollution Control Board, Commissioner of Police and National Mission for Clean Ganga, shall also serve copy of their affidavits upon Mr.

9.

The newly added Respondent No.10 may file his counter-affidavit within three weeks. .....................................

B.

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

Dr.

Arun Kumar Verma, EM January 08, 2024, Original Application No.104/2023/EZ (I.A.

69/2023/EZ) AK