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Judgment
The original application under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered on a letter petition dated 11.10.2022 sent by Shri Nabyendu Moulik, President Humaipur Prakash Foundation NGO, West Bengal, resident of Bill Para, Post: Kharia, P.S. Kotawali, District, Jalpaiguri, 735102.
It is said that a temporary dam across river Mal was constructed which got washed away along with soil, sand, stones in the river bed during idol immersion ceremony of durga idols. The above construction obstructed main flow of the river since its natural course was diverted/altered. Besides, garbage of Malbazar City is also deposited in Mal river by local bodies instead of managing solid waste in accordance with Municipal Solid Waste Management Rules, 2016.
It is also stated that the dam was constructed by Malbazar Municipality under the bridge to block main flow of river toward Malbazar City which was made entirely of sand, clay and boulders. An artificial land was created by blocking the main flow of the river with clay, sand and stones so that carts carrying idols could directly descent into the river and common people can also throng the river bed. Pay loaders and JCB machines were used to dredge the hilly rivers. On the night of the Dasami, upper basin of the river received rain and Harpa Bane occurred. As result thereof the temporary dam of the river broke down and soil, sand and stones in the river bed got washed away forming a deep channel and return to its flow. It resulted in washing away several life and eight people died.
In our view, a substantial question relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 has arisen. However, before taking any further action in the matter we find it appropriate to obtain a factual report for the purpose whereof we constitute a joint committee comprising State PCB, District Magistrate, Jalpaiguri, Regional Officer, MoEF & CC Kolkata and a Senior Officer of Irrigation and Flood Control Department.
State PCB shall be the nodal agency for coordination and compliance of this order.
The committee shall visit the site, collect relevant informations and submit factual report within two months.
Besides other, the joint committee, in particular, shall record its observations on the question as to whether any such dam/bridge was constructed, if so, by whom and whether such construction was undertaken after following due process of law and other obtaining requisite permission/consent from the competent authority.
The said report shall be submitted by Joint Committee before Eastern Zone Bench, Kolkata through Registrar, by e-mail, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF, who shall place the matter before the concerned Bench for further action/direction in the matter.
Registry is directed to transfer record of this matter to Eastern Zone Bench, Kolkata for further proceedings in the matter.