Post on 24-Jan-2023
4rnab Sengupta ADVOCATE
NIG' EL COURT, CALCUTTA BAR ASSOCIATION, ROOM NO 16 Mobile: 8697822890
Date 05.072016 To 1. The Learned Government Pleader,
High Court. Calcutta.
1A. The Chief Secretary, Government of West Bengal, Nabanna Building, 325 Sarat Chatterjee Road, Howrah- 711102;
2. The Director, Central Bureau of Investigation, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi- 110003
3. The Secretary. Government of West Bengal, Municipal Affairs Department, Writers' Building, Kolkata 700001
4. The Chairman, North Dum Dum Municipality, 163, M.B. Road, Birati,Kolkata-700051
5. The Executive Officer, North Dum Dum Municipality, 163, M.B. Road, Birati, Kolkata — 700051
6. The Board of Councilors, North Dum Dum Municipality, 163, M.B. Road, Birati, Kolkata — 700051
7. The Chairman, Baranagar Municipality, Post Office and Police Station —Baranagar, Kolkata — 700036
8. The Executive Officer, Baranagar Municipality, Baranagar, Kolkata — 700036
9. The Board of Councilors, Baranagar Municipality, Baranagar, Kolkata - 700036
10. The District Magistrate, North 24 Parganas, Post Office and Police Station — Barasat, District — North 24-Parganas, PIN — 700124
11. The Sub-Divisional Officer, Barrackpore, Post Office and Police Station — Barrackpore, District — North 24-Parganas, PIN — 700120
12. The Commissioner of Commercial Taxes, Department of Commercial Taxes, 14, Belaghata Main Road, Kolkata — 700015
Contd... P/2
-4rnab Sengupta ADVOCATE
HIGH COURT, CALCUTTA
BAR ASSOCIATION, ROOM NO.16
Mobile:8697822890
(2)
13. The Hon'ble Mayor, Kolkata Municipal Corporation, 5, S.N. Banerjee Road, Kolkata 700013
14. The Hon'ble Mayor, Bidhannagar Municipal Corporation, Poura Bhawan, FD-415A, Sector III, Salt Lake City, Kolkata- 700106
15. The Director of Local Bodies, West Bengal & Ex-Officio Joint Secretary, Government of West Bengal, Municipal Affairs Department, Purta Bhavan, Bidhan Nagar, Kolkata — 700091
16. The Board of Councilors, Bidhannagar Municipal Corporation, Poura Bhawan, FD-415A, Sector III, Salt Lake City, Kolkata- 700106
17. The Director, Directorate of Fisheries, Meen Bhawan, 31 GN Block, Sector—V, Salt Lake, Kolkata — 700091
18. The Secretary, Refugee Relief & Rehabilitation Department, Government of West Bengal, 16A, Brabourn Road, 3rd Floor, Kolkata —700001
19. The Administrative Officer of Administration, Bidhannagar Municipal Corporation, Poura Bhavan, FD — 415A, Sector — Ill, Salt Lake City, Kolkata — 700106
20. The Secretary/Deputy Secretary, KMDA, Kolkata Metropolitan Development Authority, Bidhannagar, Kolkata — 700064
21. The Assistant Director of Fisheries, Meen Bhaban, Post Office and Police Station - Barasat, District — North 24-Parganas, PIN - 700124
22. The District Land and Land Reforms Officer and Additional District Magistrate, North 24 Parganas, Post Office and Police Station — Barasat, District — North 24-Parganas, PIN - 700124
23. The Block Land and Reforms Officer, P.O. & P.S. Rajarhat, District North 24 Parganas, Pin Code-700135
24. The Block Land and Land Reforms Officer, Barrackpore-II, B.T. Road, Panihati, Sodepur, North 24-Parganas, Kolkata-700110
25. The Commissioner of Police, Bidhannagar, Bidhannagar Police Commissionerate, Salt Lake, Kolkata 700098
Contd... P/3
>4rnab Sengupta ADVOCATE
HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO.16 Mobfle:8697822890
(3)
26. The Commissioner of Police, Kolkata, 18, Lalbazar Street, Kolkata 700001
27. The Commissioner of Police, Barrackpore Police Commissionerate, Barrackpore, Pin Code — 700120
28. The Inspector-in-Charge, Nimta Police Station, Birati, Kolkata-700051
29. The Inspector-in-Charge, Airport Police Station, Airport, Kolkata- 700052
30. The Inspector-in-Charge, Electronics Complex Police Station, Bidhannagar, Kolkata - 700091
31. The Inspector-in-Charge, Baguiati Police Station, Tegharia, Arjunpur, Kolkata- 700059
32. The Inspector-in-Charge, Posta Police Station, Kolkata-700007
33. The Inspector-in-Charge, Dun Dum Police Station, Dum Dum, Kolkata-700028
34. The Inspector-in-Charge, New Town Police Station, New Town, Kolkata — 700156
35. Paban Chandra Paramanik
36. Arjun Chandra Paramanik
37. Bhim Chandra Paramanik
38. Amrit Chandra Paramanik
39. Ganesh Chandra Paramanik
40. Kartik Chandra Paramanik all (35-40) being sons of Late Krishna Pada Paramanik of Nayapatty, Post Office - Krishnapur, Police Station-Bidhannagar, Electronic Complex, Salt Lake City, Kolkata-700091
41. Mr. Subodh Kumar Banerjee & Soumya Banerjee, 95/45, Rani Mohan Banerjee Road, Bonhooghly, Kolkata — 700108
42. M/s. K.K. Infradev Pvt. Ltd., (Director - Mr. Subrata Karanjal), of Holding No.183(1096), Chandpur Pally, Ward No. 19, P.S. Airport, Post Office — Raj Bah Colony, Kolkata — 700081
Contd... P/4
Arnab Sengupta ADVOCATE
HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO.16 Mobile:8697822890
(4)
43. Pratul Chandra Sen, son of Late Tarani Kumar Sen, of S.V. Road, Sukanta Pally, Police Station - Nimta, Birati, Kolkata-700051
44. Prankrishna Das, son of Late Upendra Kisor Das of Chandpur Pally, Police Station - Airport, Post Office - Rajbari Colony, Kolkata — 700081
45. M/s. Parvati Garden, represented by its Director Mr. Mahesh Pansari, having its office at 18, Rabindra Sarani, Kolkata —700001
46. M/s. Raunack Properties Pvt. Ltd., having its office at 829/1, Lake Town, Block — A, Police Station — Lake Town, Kolkata —700089
47. Biren Roy Chowdhury, 1st Bye Lane, Ward No.20, North Dum Dum Municipality, Post Office — Birati, Police Station — Nimta, Kolkata — 700051
48. Tripti Chowdhury, of Swami Vivekananda Road, oth Bye Lane, Ward No.20, North Dum Dum Municipality, Post Office — Birati, Police Station — Nimta, Kolkata — 700051
49. Kaliprasad Guha, of Swami Vivekananda Road, 10th Bye Lane, Ward No.20, North Dunn Dum Municipality, Post Office —Birati, Police Station — Nimta, Kolkata — 700051
50. Mr. Chunilal Mukherjee, of Khalishakota Pally, Near Bharat Miloni Play Ground, Police Station — Dum Dum, Post Office —Birati, Kolkata - 700051
51. Dhakina Ranjan Mazumder Son of Bhobatosh Mazumder, of Adorsha Pally, Bash Bagar, Post Office — Birati, Police Station — Nimta, Kolkata - 700051
52. Shambhu Nath Saha, of Ward No.18, Sukanta Sarani (Kalabagan), Police Station —Airport, Birati, Kolkata — 700051
53. Gupi Nath Saha of Ward No.18, Sukanta Sarani (Kalabagan), Police Station — Airport, Birati, Kolkata — 700051
54. M/s. Gandeep Sales Pvt. Ltd. of North Dum Dum Municipal Housing Complex, 757 M.B. Road, 1st Floor, Birati, Kolkata —700051
55. M/s. Vishwakarma Abasan, of 46/H/2, M. Dutta Road, Dum Dum Market, Kolkata — 700028
Contd... P/5
Arnab Sengupta ADVOCATE
HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO.16 Mobile:8697822890
(5)
56. M/s. Ranjan Construction Co., Dum Dum Municipal Housing Complex, 757 M.B. Road, 18l Floor, Birati, Kolkata - 700051
57. M/s. Blue Haven at M.B. Road, Siddheswari Bazar, Near Mini Bus Stand, Birati, Kolkata — 700051
58. Mahandra Agarwalla of 246, Bangur Avenue, Block — A, Kolkata - 700055
59. Biswanath Das, of Alipore, Opp. Samadder Vila, Post Office and Police Station - Nimta, Kolkata — 700049
60. Hiranmay Roy & Others, at 6/10, M.B. Road, Parbati Bhavan, Pathanpur, Post Office and Police Station - Nimta, Kolkata —700049
61. Ashok Ghosh & Others, Ward No.26, S.L. Chatterjee Road, Nimta, Kolkata — 700049
62. M/s. S.K. Roy & Co., represented by Mr. Shankar Kumar Roy, of 61, New Road, Mandirpara, Birati, Kolkata — 700051
63 M/s. G. Paul & Co., represented by Mr. Goutam Paul of 18, Mahajati Nagar, Block — 5, Birati, Kolkata — 700051
64. M/s. Delta Consultant, represented by Rana Dey, of Adarsha Pally, Birati, Kolkata — 700051
65. M/s. N. Hussain & Co., represented by Sk. Najem Hussain, of Fatullapur (North), Nimta, Kolkata — 700051
66. M/s. Gouttam Paul, represent by Gouttam Paul of 29, K.K. Pally, No.4, Mahajati Nagar, Birati, Kolkata — 700051
67. M/s. Sk. Haque & Co. represented by Sk. Sahidul Haque, of Fatullapur, K.N.I., Sarani, Post Office and Police Station —Nimta, Kolkata — 700049
68. Manoj Kumar Chakraborty, Sardarpara, Police Station —Nimta, Birati, Kolkata — 700051
69. M/s. North Garden, Dhalai Karkhana, Rabindra Sarani, Post Office and Police Station — Nimta, Kolkata — 700049
70. Mr. Sachin Saha, Ward No.19, 3A, Khalishagota Pally, near Bharat Milani Sangha, Post Office — Birati, Police Station —Nimta, Birati, Kolkata — 700051
Contd... P/6
Yours faithfully,
4CIlat
Advocate Enclo As above.
Arnab 5engupta ADVOCATE
HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO 16 Mobile : 8697822890
(6)
71. Mr. Bidhan Saha,
72. Ashok (Chaitanya) Saha
73. Babla Dutta No.71 to 73 all of Block — 4, Maharaja Nanda Kumar Road, Ward No.15, Post Office — Birati, Police Station — Airport, Kolkata — 700051
74. M/s. Saha & Son, Developer represented by Biman Saha, 311/607, Madha Nilachal, Nilachal, Ward No.14, Kolkata —700134
75. M/s. Durga Construction of 77, Rai Mohan Banerjee Road, Kolkata — 700108
76. M/s. Debarshi Developers Pvt. Ltd. of 13A, St. George Terrace, Kolkata — 700032
77 M/s. Eden City Lake Side, of Metropolitan Building, 7, Jawharlal Nehru Road, Kolkata — 700013
78. Mr. Rajat Bokshi of M/s. Santa Moni Enterprise, of 51B, Girish Park (North), Kolkata — 700006
Re: W.P. No. /20‘,/ (W) of 2016 Biplab Kumar Chowdhury
Petitioner -Versus-
The State of West Bengal & Ors. Respondents
Sir(s),
Enclosed please find herewith a copy of the above mention writ application alongwith all annexure, which will be moved as a 'Listed Motion' before the Hon'ble Mrs. Manjula Chellur, Chief Jusfice and Hon'ble Justice Arijit Banerjee on 15.07.2016 or onwards as and when the business of the Hon'ble Court will permit.
This is for your information and necessary action.
Thanking you,
DISTRICT: NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCUL IA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No. LW 67/ (W) of 2016;
Subject matter relating to:
Public Interest Litigation
under Group , Head ( ) of
the Classification List;
CAUSE TITLE
Biplab Kumar Choudhury
. Petitioner
Versus
The State Of West Bengal & Ors.
... Respondents
Advocate on Record:
Mr. Arnab Sengupta Advocate
High Court, Calcutta Bar Association Room No. 16 Mobile : 8697822890.
SI No.
DISTRICT: NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCUL A
CONSTITUTIONAL, WRIT (JURISDICTION
APPELLATE SIDE
W.P. No, !..2 0 61 (W) of 2016;
Biplab Kumar Choudfrury
Peti tioner
-Versus-
The State of West Bengal.
0. Respondents
INDEX
(12
13.
Particulars
List of Dates
Points of Law
Writ Petition with affidavit
Copies of the newspaper reporting.
A copy of the reply of the Municipality.
A copy of the letter dated 04 / 12 / 2015. A copy of the RTI application dated 30 06 2015.
A copy of the letter dated 29/07/ 2015. A copy of the letter dated 29/10/2015.
Copies of relevant communications between the municipality and petitioner. A copy of the application under the Right to Information Act, 2005 along with the replies received from the various munici alities.
Copies of the letters dated 6(9 April 2016 and 16th April 2016.
opies of the letters dated 10.04.2015.
Annexure Page
"P-1"
"P-3"
"P-5"
"P-7" -I)
"P-10"
"P-9"
"FRS"
sL-T No.
14
_ Particulars
, Annexure Page
Copies of letter dated 24.04.2015 and 05.05.2015.
"P-11"
15 A copy of the letter dated 08.06.2015. "P-12" 16. A copy of application dated 30th June
2015 under the Right to Information Act. "P-13"
17. Copy of letter dated 3rd July 2015. "P-14" 18. A copy of letter dated 8tl July 2015. "P-15" 19. A copy of letter dated 14th July 2015. "P-16" 20. A copy of letter dated 16111July 2015. "P-17" 21. A copy of letter dated 28th July 2015. "P-18" 22. A copy of letter dated 12/08/ 2015. "P-19" 23. A copy of such letter dated 13.08.2015. "P-20" 24. A copy of letter dated 14.08.2015. "P-21" 25. A copy of letter dated 19.08.2015. 26. A copy of letter dated 07.10.2015. 27. A copy of letter dated 22.10.2015. "P-24" 28. A copy of application dated 23.09.2015. "P-25" 29. A copy of letter dated 29.10.2015. "P-26" 30. A copy of letter dated 16.11.2015. "P-27" 31. A copy of letter dated 15.10.2015. "P-28" 32. A copy of letter dated 23.06.2015. "P-29" 33. A copy of letter dated 29.10.2015. "P-30" 34. A copy of letter dated 28.10.2015. "P-31"
r115. A copy of letter dated 27.11.2015. "P-32" 36. A copy of letter dated 25th January 2016. "P-33" 37. A copy of the letter dated 23rd February
2016. "P-34"
38. A copy of the letter dated 8th March 2016.
"P-36" 39 A copy of the letter dated 14th March 2016. 40. A copy of the letter dated 06.05.2016. 41. A copy of the letter dated 19.05.2016. "P-38" 42. A copy of the letter dated 17.05.2016. "P-39" 43. A copy of the letterdated 31.05.2016. "P-40" 44. A copy of letter dated 09.06.2016. "P-41" 45. Xerox copy of the letter dated 13.06.2016. "P-42"
LIST OF DATES
12.09.2013
30.06.2015
29.07.2015
29.10.2015
04 12.2015
The petitioner made a written complaint before the
concerned authorities regarding the illegal
encroachments etc. in and around the North Dum
Dum Municipality area.
By seeking information regard the appointment
process of LBS, enlistment of promoters, the
petitioner made an application under Right to
Information Act, 2005 to the Chairman of North
Dum Dum Municipality.
The North Dum Dum Municipality issued a letter in
favour of the petitioner and disclosed they are not
in a position to supply the relevant papers in
respect of enlistment of the LBS as the LBS.
By a letter the North Dum Duni Municipality
informed the petitioner that no commercial building
had been sanctioned on holding No.77, Sukanta
Sarani in Ward No.18.
The petitioner wrote letter to the Chairman,
Baranagar Municipality with regard to the illegal
construction at premises No.47 and 71, Raimohan
Banerjee Road, Barangar, Kolkata.
10.04.2015 The petitioner wrote two letters to the Chairman,
North Dum Dum Municipality and other authorities
concerned regarding illegal filling-up of water body.
(IV)
24.04.2015 &
05.05.2015
08.06.2015
The North 24-Parganas issued a direction to stop
filling-up of water body to one Sukhamoy Lodh and
others.
The petitioner wrote a letter to the Chairman, North
Dum Dum Municipality and other authorities
concerned regarding the illegal filling up of water
bodies.
23.06.2015 : The North Dum Dum Municipality issued a letter to
the petitioner wherein a direction was issued to one
Chunilal Mukherjee and others.
30.06.2015 : The petitioner made an application under Right to
Information Act, 2005 before the North Dum Dum
Municipality.
03.07.2015 The District Magistrate, North 24-Parganas
forwarded the petitioner's application to the SPIO
0/C, Law Section, North 24-Parganas for taking
necessary steps.
08.07.2015
The SPIO, Office of the Sub-Divisional Officer,
Barrackpore, North 24-Parganas transferred the
petitioner RTI application to the Executive Officer,
North Dum Dum Municipality.
14.07.2015 : Again, the District Magistrate, North 24-Parganas
forwraed the petitioner's RTI application to the
Sub-Divisional Officer, Barrackpore, North 24-
Parganas.
(V/
16.07.2015 The Assitant Director of Fisheries, North 24-
Parganas issued a letter in favour of the petitioner.
28.07.2015
12.08.2015
By a letter issued by the North Dum Dum
Municipality, the petitioner came to know that a
direction has issued by the concerned Municipality
to stop illegal filling of water body.
The Sub-Divisional Officer, Barrackpore, North 24-
Parganas, again, informed the petitioner that his
RTI application has already been forwarded to the
Executive Officer, North Dum Dum Municipality.
13.08.2015 : The Dy. D.L.8i, L.R.O., North 24-Parganas
transferred the petitioner's RTI application to the
concerned authorities.
14.08.2015 The District issued a letter in favour of the
petitioner to inform that the petitioner's RTI
application had already been complied.
19.08.2015 : The District Magistrate, North 24-Parganas again
issued a letter in favour of the petitioner.
23.09.2015 : The petitioner made another RT1 application to the
North Dum Dum Municipality by asking to furnish
the details as to what steps had taken to prevent
the illegal filling-up of water bodies.
07.10.2015 : By a letter of Deputy Commissioner of Police (HQ),
Bidhannagar Police Commissionerate, the petitioner
came to know that no information was available
with the Airport Police Station.
(VI)
15.10.2015 By a letter of Inspector-in-Charge of the Nimta
Police Station, the petitioner came to know.that no
complaint had been received and on enquiry
nothing was found.
22.70.2015
29.10.2015
By a letter issued by Deputy Commissioner of
Police (HQ), Barrackpore Commissionerate, the
petitioner informed that Nimta Police Station had
receded no information regarding illegal filling up of
water bodies as mentioned in the petitioner's RTI
application.
The North Dum Dum Municipality issued a letter to
the petitioner by disclosing that they had issued
directions to all the Government officers to take
necessary steps to stop illegal filling-up of water
bodies.
29.10.2015 The petitioner wrote a letter to the concerned
authorities regarding illegal filling up of water
bodies under the North Dum Duni Municipality areas.
28.10.2015 The petitioner again wrote another letter to the
concerned authorities regarding illegal filling up of
water bodies under the North Dum Dum
Municipality areas.
16.11.2015 The petitioner issued a letter to the concerned
Municipality by clarifying the name of the owner as
"Sachin Saha" instead of "Salil Saha".
27.11.2015 : The Chairman of North Dum Dum Municipality
issued a direction to one M/s. K.K. Infradev Pvt.
Ltd. to stop the illegal filling-up of water body.
(V111
25.61.2016 The petitioner made a representation to the
authorities concerned by containing the illegal
activities in the North Dum Dum Municipality area
briefly.
23.02.2016 : The petitioner again wrote a letter to the concerned
authorities regarding illegal filling up of water
bodies about 75 Khatas of land in the area of
Bidhannagar Municpal Corporation.
08.03.2016
The Assistant Director of Fisheries issued a letter in
favour of the petitioner by accepting the illegal
filling-up of water bodies was going on by one
Gourab Enterprise.
14.03.2016 : The Additional Deputy Commissioner of Police,
Bidhannagar Police Commissionerate issued a
letter to inform the petitioner that they received the
complaint and started investigation according to
the issue raised by the petitioner.
06.04.2016 The petitioner made specific complaint before the
concerned authorities.
06.05.2016 The petitioner made a demand of justice raising all
the issues before the respondent authorities.
19.05.2016 The petitioner received a letter vide Memo
No.709/16/DC DD (ADCP)/BDN PC from the
Additional Deputy Commissioner of Police,
Bidhannagar Police Commssionerate where wherein
the authorities concerned agreed that the illegal
iV111)
activities, as alleged by the petitioner, were going
on.
1.7.05.2016
31.05.2016
09.06.2016
The petitioner wrote a letter to the respondent
authorities regarding cancellation of illegal
enlistment . of the unauthorized developers/
promoters / worker/ contractors including the
illegal enlistments of the unqualified L.B.S.
The petitioner again wrote a letter to the Additional
Deputy Commissioner of Police, Bidhannagar Police
Commissionerate by containing his issues, raised
by him, were very much public in nature.
The petitioner again wrote a letter to the Chairman
of Baranagar Municpality regarding the illegal
construction and vilation of sanctioned plan with
the help of syndicate people in and around the are
of Baranagar Municipality.
13.06.2016 The petitioner further wrote a letter to the
concerned authorities regarding prevention of illegal
construction over illegally filling-up water body and
unauthorised construction beyond the sanctioned
plan and over industrial land.
(IX)
POINTS OF LAW
Whether the respondent authorities failed to appreciate Rule 8(3) of
the West Bengal Municipal (Building) Rules, 2007, which provides
that no canal, pond, water body, wetland, rivulets, jhora, water
source, natural spring, streams, drains, culverts shall be filled up
provided that after taking due consideration of the existing relevant
Acts, the drainage slope, slip, landslide, ecology, culture,
environment, pisciculture, fire fighting or any other material
consideration, and for reasons to be recorded in writing the Board
of Councillors with the prior approval of the State Government,
may allow any canal, pond, rivulets, streams, rivers, Hood plain
area to be filled up ?
IL Whether the :respondents seemed to have failed to appreciate that
the delay in taking steps to stop the illegal activities will inevi.tably
contribute towards the coming into play of extraneous factors and
of acquescing to illegal acts of the violators of law ?
Whether the petitioner fears that the inaction of Respondents
Authorities to prevent and take steps over the illegal activities of
syndicates as mentioned above, would cause total destruction of
ecological arid environmental balance in the affected areas the
impugned inaction is absolutely arbitrary and in breach of Article
14 and 21 of the Constitution ?
IV. Whether the aforesaid lapses by the respondents are absolutely
deliberate, arbitrary and illegal ?
V. Whether the inaction, neglect and refusal on the part of
respondents in not taking any steps to prevent the illegal activities
is arbitrary, illegal, perverse and mala fide and without any basis
whatsoever ?
(X)
VI. Whether the respondents have clearly failed to act in accordance
with either law or equity ?
VIL Whether the inaction on and non compliance of, on the part of the
respondents, to take all measures to prevent illegal activities of the
"Syndicates" who are bent on illegally filling up of water bodies,
forcibly supplying substandard building materials, placing
unqualified persons as LBS to get sanction for illegal building
plans, which is causing serious threat to human lives and causing
irreversible damage to the environment, is otherwise bad in law
and hence, is liable to be interfered with and remedied by this
Hon'ble Court ?
VIII. Whether there is no other alternative, efficacious and speedy
remedy available to the petitioner and the petitioner has been left
with no other alternative but to file the instant public interest
litigation/ writ application ?
DISTRICT : NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P, No. /20 C/ (W) of 2016
In the matter of
An application under Article 226 of
the Constitution of India;
- And -
In the matter of
A Writ in the nature of Mandamus,
Certiorari, Prohibition and/or any
other appropriate writ or writs and/or
Direction or Directions there under;
-And -
In the matter of :
The Environmental (Protection) Act,
1986 and the Rules framed there
under as amended from time to time;
- And -
In the matter of:
The West Bengal Inland Fisheries Act,
1984 and the Rules framed there
under as amended from time to time;
- And -
In the matter of:
The West Bengal Town and Country
Planning and Development Act, 1979
as amended from time to time;
- And -
In the matter of:
The West Bengal Municipal (Building)
Rules, 2007 as amended from timeu
time;
- And -
In the matter of:
The Code of Criminal Procedure,
1.973;
2
3
- And -
In the matter of:
Articles 14 and 21 of the Constitutio
of India:
- And -
In the matter of:
Illegal and malicious activities of
illegal groups/associations/cartels of
people commonly knowln as the
"Syndicates" in illegal filling up of
water bodies, coercive supply of sub-
standard building materials,
manipulation in granting sanctions to
building plans by placing unqualified
LDS in municipalities, among
others;
-And-
In the matter of:
Public interest relating to serious
danger to human lives due to use of
substandard building materials
and irreparable severe environmental
damage caused by the illegal filling up
of water bodies;
-And-
In the matter of:
Inaction on the part of the respondent
authorities to curb the illegal
activities of the "Syndicates" who
are bent on illegally filling up water
bodies, forcibly supplying
substandard building materials,
placing unqualified persons as LDS to
get sanction for illegal building plans,
which are causing serious threats to
human lives and causing irreversible
damage to the environment, in spite
of repeated representations made to
them;
-And-
In the matter of:
Biplab Kumar Chowdhury, son of late
Birendra Nath Chowdhury, of WS
4
M.B. Road, Purbita, Sumanta Sarani,
Birati, Kolkata- 700051;
... Petitioner
-Versus -
1. The Chief Secretary,
Government of West Bengal, Nabanna
Building, 325 Sarat Chatter ee Road,
Howrah- 711102;
2. The Director,
Central Bureau of Investigation, Plot
No.5-B, CGO Complex, Lodhi Road,
New Delhi- 110003
3. The Secretary,
Government of West Bengal,
Municipal Affairs Department,
Writers' Building, Kolkata 700001
4. The Chairman,
North Dum Dum Municipality, 163,
M.S. Road, Birati, Kolkata- 700051
5. The Executive Officer,
North Dum Dum Municipality, 163,
M.B. Road, Birati, Kolkata - 700051
5
6
6. The Board of Councilors,
North Duni Dum Municipality, 163,
M.B. Road, Birati, Kolkata - 700051
7. The Chairman,
Baranagar Municipality, Post Office
and Police Station - Baranagar,
Kolkata - 700036
8. The Executive Officer,
Baranagar Municipality, Baranagar,
Kolkata - 700036
9. The Board of Councilors,
Baranagar Municipality, Baranagar,
Kolkata - 700036
10. The District Magistrate,
North 24 Parganas, Post Office and
Police Station - Barasat, District -
North 24-Parganas, PIN - 700124
11. The Sub-Divisional Officer,
Barrackpore, Post Office and Police
Station - Barrackpore, District -
North 24-Parganas, PIN - 700120
7
12. The Commissioner of
Commercial Taxes, Department of
Commercial Taxes, 14, Belaghata
Main Road, Kolkata - 700015
13. The Hon'ble Mayor,
Kolkata Municipal Corporation, 5,
S.N. Banerjee Road, Kolkata 700013
14. The Hon'ble Mayor,
Bidha.nnagar Municipal Corporation,
Poura Bhawan, FD-415A, Sector III,
Salt Lake City, Kolkata- 700106
15. The Director of Local Bodies,
West Bengal & Ex-Officio Joint
Secretary, Government of West
Bengal, Municipal Affairs
Department, Purta Bhavan, Bidhan
Nagar, Kolkata - 700091
16. The Board of Councilors,
Bidhannagar Municipal Corporation,
Poura Bhawan, FD-415A, Sector 91,
Salt Lake City, Kolkata- 700106
17. The Director, Directorate of
Fisheries, Meen Bhawan, 31 ON
Block, Sector-V, Salt Lake, Kolkata -
700091
18. The Secretary,
Refugee Relief & Rehabilitation
Department, Government of West
Bengal, 16A, Brabourn Road, 361
Floor, Kolkata - 700001
19. The Administrative Officer
of Administration, Bidhannagar
Municipal Corporation, Poura
Bhavan, FD - 415A, Sector - III. Salt
Lake City, Kolkata -- 700106
20. The Secretary/ Deputy
Secretary, KMDA, Kok(ata
Metropolitan Development Authority,
Bidhannagar, Kolka.ta - 700064
8
21. The Assistant Director of
Fisheries, Meen Bhaban, Post Office
and Police Station - Barasat, District
- North 24-Parganas, PIN - 700124
22. The District Land and Land
Reforms Officer and Additional
District Magistrate, North 24
Parganas, Post Office and Police
Station - Barasat, District - North 24-
Parganas, PIN - 700124
23. The Block Land and Reforms
Officer, P.O. & P.3, Rajarhat, District
North 24 Parganas, Pin Code-700135
24. The Block Land and Land
Reforms Officer, Barrackpore-II, B.T.
Road, Panihati, Sodepur, North 24-
Parganas, Kolkata- 700110
25. The Commissioner of Police,
Bidhannagar, Bidhannagar Police
Commissionerate, Salt Lake, Kolkata
700098
26. The Commissioner of Police,
Kolkata, 18, Lalbazar Street, Kolkata
700001
9
27. The Commissioner of Police,
Barrackpore Police Commissionerate,
Barrackpore, Pin Code - 700120
28. The Inspector-in-Charge,
Ninata Police Station, Birati, Kolkata-
700051
29, The Inspector-in-Charge,
Airport Police Station, Airport,
Kolkata- 700052
30. The I nspecto r- -C harge,
Electronics Complex Police Station,
Bidhannagar, Kolkata - 700091
3/. The Inspector-in-Charge,
Baguiati Police Station, Tegharia,
Arjunpur, Kolkata- 700059
32. The Inspector-in-Charge,
Posta Police Station, Kolkata-700007
33. The Inspector-in-Charge, Dum
Dum Police Station, Dum Dum,
Kolkata-700028
34. The Inspector-in-Charge, New
Town Police Station, New Town,
Kolkata - 700156
35. Paban Chandra Paramanik
36. Arjun Chandra Paramanik
37. Bhim Chandra Paramanik
38. Amrit Chandra Paramanik
39. Orinesh Chandra Paramanik
40. Kartik Chandra Paramanik
all (35-40) being sons of Late Krishna
Pada Paramanik of Nayapatty, Post
Office - Krishnapur, Police Station-
Bidhannagar, Electronic Complex,
Salt Lake City, Kolkata- 700091
41. Mr. Subodh Kumar Banerjee
& Soumsa Banerjee, 95/45, Rani
Mohan Banerjee Road, Bonhooghly,
Kolkata - 700108
42. 1\/ s. K.K. Infradev Pvt. Ltd.,
(Director - Mr. Subrata Karanjal), of
Holding No.183(1096), Chandpur
Pally, Ward No. 19, P.S. Airport,
Post Office - Raj Bari Colony Kolkata
- 700081
43. Prarul Chandra Sen, son of
Late Tarani Kumar Sen, of S.V. Road,
Sukanta Pally, Police Station - Nirrita,
Birati, Kolkata- 700051
44. Prankrishna Das, son of Late
Upendra Kisor Das of Chandpur
Pally, Police Station - Airport, Post
Office - Rajbari Colony, Kolkata -
700081
45. M / s. Parvati Garden,
represented by its Director Mr.
Mahesh Pansari, having its office at
18, Rabindra Sarani, Kolkata
700001
46. M/s. Raunack Properties
Ltd., having its office at 829/1, Lake
Town, Block - A, Police Station - Lake
Town, Kolkata - 700089
47. Biren Roy Chowdhury, 18 Bye
Lane, Ward No.20, North Dum Dum
Municipality, Post Office - Birati,
Police Station - Nimta, Kolkata -
700051
48. Tripti Chowdhury, of Swami
Vivekananda Road, 6th Bye Lane,
Ward No.20, North Dum Dum
Municipality, Post Office - Birati,
Police Station - Nimta, Kolkata
700051
49. Kaliprasad Guha, of Swami
Vivekananda Road, 10th Bye Lane,
Ward No.20, North Durn Dum
Municipality, Post Office - Birati,
Police Station - Nimta, Kolkata -
700051
30 Mr. Chunilal Mukherjee,
of Khalishakota Pally, Near Bharat
Miloni Play Ground, Police Station -
Dum Dum, Post Office - Birati,
Kolkata - 700051
is
51. Dhakina Ranjan Mazumder
Son of Bhobatosh Mazumder, of
Adorsha Pally, Bash Hagar, Post
Office - Birati, Police Station - Nin ta,
Kolkata - 700051
52. Shambhu Nath Saha.
of Ward No.18, Sukanta Sarani
(Kalabagan), Police Station - Airport,
Birati, Kolkata - 700051
53. Gupi Nath Saha of Ward
No.18, Sukanta Sarani (Kalabagan),
Police Station - Airport, Birati,
Kolkata - 700051
54. M/s. Gandeep Sales Pvt. Ltd.
of North Dum Dum Municipal
Housing Complex, 757 M.B. Road, lsl
Floor, Birati, Kolkata - 700051
55. M/s. Vishwakarma Abasan, of
46/H/2, M. Dutta Road, Dum Dum
Market, Kolkata - 700028
56. M/s. Ranjan Construction
Co., Dum Dum Municipal Housing
Complex, 757 M.B. Road, l Floor,
Birati, Kolkata - 700051
57. M/s. Blue Haven at M.B.
Road, Siddheswari Bazar, Near Mini
Bus Stand, Birati, Kolkata - 700051
58. Mahandra Agarwalla of 246,
Bangur Avenue, Block - A, Kolkata -
700055
59. Biswanath Das, of Alipore,
Opp. Samadder Vila, Post Office and
Police Station - Nimta, Kolkata
700049
60. Hiranmay Roy az, Others, at
6/10, M.B. Road, Parbati Bhavan,
Pathanpur, Post Office and Police
Station - Nimta, Kolkata - 700049
61. Ashok Ghosh 8o Others, Ward
No.26, S.L. Chatterjee Road, Nimta,
Kolkata - 700049
IS
62. M/s. S.K. Roy &. Co.,
represented by Mr. Shankar Kumar
Roy, of 61, New Road, Mandirpara,
Birati, Kolkata - 700051
63. M/s. 0. Paul & Co.,
represented by Mr. Goutam Paul of
18, Mahajati Nagar, Block - 5, Birati,
Kolkata - 700051
64. M/s. Delta Consultant,
represented by Rana Dey, of Adarsha
Pally, Birati, Kolkata - 700051
65. M/s. N. Hussain & Co.,
represented by Sk. Najem Hussain, of
Fatullapur (North), Nimta, Kolkata --
700051
66. M/s. Gouttam Paul, represent
by Gouttam Paul of 29, li.K. Pally,
No.4, Mahajati Nagar, Birati, Kolkata
- 700051
67. M / s. Sk. Haque & Co.
ie
represented by Sk. Sahidul Haque, of
Fatullapur, K.N.I., Sarani, Post Office
and Police Station - Nimta, Kolkata -
700049
68 Manej Kumar Chakraborty,
Sardarpara, Police Station - Nimta,
Birati, Kolkata - 700051
69. M/s. North Garden, Dhaiai
Karlchana, Rabindra Sarani, Post
Office and Police Station - Nimta,
Kolkata - 700049
70. Mr. Sachin Saha, Ward No.19,
3A, Khalishagota Pally, near Bharat
Milani Sangha, Post Office - Birati,
Police Station - Nimta, Birati, Kolkata
- 700051
71. Mr. Bidhan Saha,
72. Ashok (Chaitanya) Saha
73. Babla Dutta
No.71 to 73 all of Block - 4 Maharaja
Nanda Kumar Road, Ward No.15,
17
Post Office - Birati, Police Station -
Airport, Kolkata 700051
74. M/s. Saha & Son, Developer
represented by Biman Saha,
311/607, Madha Nilachal, Nilachal,
Ward No.14, Kolkata - 700134
75. M/s. Durga Construction of
77, Rai Mohan Banerjee Road,
Kolkata - 700108
76. M/s. Debarshi Developers Pvt.
Ltd. of 13A, St. George Terrace,
Kolkata - 700032
77 M/s. Eden City Lake Side,
of Metropolitan Building, 7, ilawharial
Nehru Road, Kolkata - 700013
78. Mr. Rajat Bokshi of M/s.
Sandha Moni Enterprise, of 51B,
Girish Park (North), Kolkata - 700006
... Respondents
18
19
To
The Hon'ble Mrs. Manjula. Chellur Chief Justice and Her Companion
Justices of this Hon'ble Court.
The humble petition of the petitioner
above named most respectfully :-
SHEWET Ff THAT :
The petitioner is a law abiding and peace loving citizen of India and
is a permanent resident of the address mentioned in the cause title
herein above.
2. The petitioner, who is a public spirited person, is greatly perturbed
due to the illegal and malicious activities of illegal groups/associations/
cartels of people commonly known as the "Syndicates" in illegal filling up
of water bodies, coercive supply of sub-standard building materials,
manipulation in granting sanctions to buildings plans by placing
unqualified LBS in municipalities, among others. The petitioner has no
personal interest in the properties or issues in question in this
application. The petitioner, being a duty-hound citizen of India, thinks it
necessary that the instant petition should be filed in pro-bono public
interest and moved before this Hon'ble High Court at Calcutta in order to
protect public interest.
3. Both from personal experience as well as from reports published in
newspapers and other news media, the petitiOner came to know that:
"Syndicates" were involved in many illegal activities right from illegal
filling up of waterbodies to forcible supply of sub-standard building
materials These Syndicates were operating like the drug cartels of
Colombia or the Italian Maffia in forming coalition or cooperative
arrangement between themselves with direct or indirect support of some
corrupt politicians and bureaucrats so that they could promote their
mutual interest by illegal means. The main purpose of these so called
syndicates is doing illegal business in forcibly supplying sub-standard
and inferior quality building materials, illegally filling up waterbodies,
getting people below par appointed as LBS, getting illegal building plans
sanctioned and many other illegal activities. A more recent outcome of
these is the Vivekananda Road Flyover Tragedy.
4. These syndicate men and their accompanying antisocials enjoy
the political patronage of some ruling party leaders. While such leaders
allow them to do their illegal activities and protect them from action from
authorities like police, the members of the syndicates, in turn, help such
leaders during election times. This fact was reported first in a sting
operation conducted by a television news channel News X and also in
various newspapers in which a ruling party MLA was seen praising the
members of the syndicates and their role during the elections.
21
Copies of such newspaper reportings are annexed herewith and
marked as Annexure "P
The much protected truth regarding the links between some ruling
party politicians and the syndicates became evident from a sting
operation conducted by news portal Narada News which exposed that
various heavy weight and well known political leaders of the ruling party
were eager to bend the rules for a handful of cash. Video recordings
containing such moving pictures were telecast in various news channels
and the facts reported in several newspapers.
The petitioner craves leave to produce the copies of newspaper
reportings of the above and a compact disc containing the video footage
of the sting operation, if necessary, at the time of hearing.
6. The ruthless and ugly acts of the syndicates came to light recently,
as was reported in several newspapers, when a building promoter was
brutally murdered in Baguiati over some dispute regarding supply of raw
materials with a syndicate. A case was also started in this regard by the
Baguiati Police Station.
7. Apart from this, the syndicates are actively involved in the
construction of buildings without proper or legal sanction plan. Needless
to mention that some government officials are also involved in this.
22
8. As per Rule 14, 15(4) of the West Bengal Municipal Building Rules
2007 the concerned municipality has the power to demolish any illegal
construction made. However, as is evident from the reply of the North
Dumdum Municipality, they had only imposed penalty with respect to
several illegal constructions without demolishing the illegal portions.
A copy of the reply of the Municipality is annexed herewith and
marked as Annexure "P-2".
On 12/09 / 2013 petitioner had made a written complaint
before the concerned authorities regarding the illegal encroachments,
illegal construction, etc in and around the North Dumdum Municipality
area.
If). Again by a letter dated 04 / 12/2015 petitioner had sought to draw
the attention of the Chairman of the Baranagar Municipality with regard
to the illegal construction at the premises No. 47 and 71, Raimohan
Banerjee Road, Baranagar, Kolkata.
A copy of the letter dated 04/12/2015 is annexed herewith and
marked as Annexure "P-3".
I I Besides, on 30.06.2015 petitioner had made an application under
the Right to Information Act, 2005 to the Chairman of North Dumdum
23
Municipality, inter alia, seeking informationegarding the appointment
process of LBS, enlistment of promoters, steps taken by the concerned
Municipality with regard to illegal constructions.
A copy of the RTI application dated 30/06/2015 is annexed
herewith and marked as Annexure "P-4".
12. The replies received by the petitioner from various municipalities
are contradictory in nature.
13 By a letter dated 29/07/ 2015 the North Dumdum Municipality
informed the petitioner that they are not in a position to supply the
relevant papers with respect to enlistment of the LBS as the LBS are
working since long. The petitioner fails to understand this because the
enlistment of LBS were being done from 2007 after the Building Rules
2007 came into force and the concerned municipality said that they did
not. have any record as LBS were working for long. Either the
municipality engaged the LBS on face value without any proper
documents or the municipality lost or misplaced the relevant records.
A copy of the letter dated 29/07/2015 is annexed herewith and
marked as Annexure "P-5".
14. Again by a letter 29 / 10/2015 the North Dumdum Municipality
informed the petitioner, in response to an application made by the
24
petitioner earlier under the Right to Information Act, 2005, that no
commercial building had been sanctioned on the Holding No.77, Sukanta
Sara.ni in Ward No. 18. But, actually, illegal constructions were going on
in the said plot.
A copy of the letter dated 29 / 10/2015 is annexed herewith and
marked as Annexure "P-6".
I5. That the government departments were careless about the safe
keeping of documents came to light when the North Dumdum
Municipality requested the petitioner to supply certain documents with
respect to an application made by petitioner under the Right to
Information Act, 2005 because those had been lost/misplaced by them.
The petitioner had requested them to make a specific General Diary
Entry with this regard before the concerned police station and the same
was done by them by a letter dated 1619 June 2015. All documents were
duly supplied by the petitioner. After that a.nd by a letter dated
15.07.2015 the North Dumdum Municipality accepted their inability to
furnish proper answers due to non-availability of appropriate doCuments.
Copies of relevant communications between the municipality and
petitioner are annexed herewith and collectively marked as
Annexure "P-7".
25
16. The petitioner had made several applications under the Right to
Information Act, 2005 with regard to the appointment of unqualified I.,BS
in the municipality and also regarding the unauthorized sanction
of building plans at random. But, till date the petitioner has not
received any proper answer from the concerned authority regarding such
queries.
17. Moreover, the Chairman of the North Dumdum Municipality
engaged himself into a long and endless chain of correspondences in a
clear effort to bypass and digress from the issues raised by the petitioner.
18. Earlier, the petitioner had made a specific application under the
Right to Information Act, 2005, inter alia, seeking information with
regard to details of enlisted promoters, developers, steps taken against
any LBS for deviating from the sanction plans. The answers received by
the petitioner from various municipalities and corporations were
quite self-contradictory. While Memari Municipality said that as per
order No. 165/MA/O/C-4/IT-2198 dated 09.03.2002 of M.A. Deptt.
Writers' Buildings, Kolkata, enlistment was made maintaining
formalities as streamlined. But, others stated that there was no such
enlistments.
A copy of petitioner's application under the Right to Information
Act, 2005 along with the replies received by the petitioner from the
26
various municipalities are annexed herewithnd collectively marked as
Annexure "P-8".
19. Again the petitioner was highly perturbed when petitioner heard
and came to know from video footage telecast by various private channels
and from various Newspaper reporting that on 31st March 2016 that a
section of the Vivekananda Road flyover had collapsed on Thursday
afternoon killing 26 people and injuring several other. As was reported in
various newspapers and news channels, syndicates were behind the
supply of poor and inferior quality of building materials. The petitioner
also came to know that one Rajat Bakshi, a relative of Jorasanko
Trinamool MLA Smita Bakshi, and the owner of the firm Sandhyamani
Enterprise, 516, Girish Park (North), Kolkata - 700006 was given the
sub-contract for supplying iron, cement and labour for Vivekananda
flyover along with other sub-contractors.
20. The petitioner had made a specific complaint before the concerned
authorities regarding this by a letter dated 6111 April 2016 and again on
030 April 2016. But, till date the petitioner has not received any
response from the concerned authorities.
Copies of the letter dated 60 April 2016 and 16th April, 2016 are
annexed herewith and collectively marked as Annexure "P-9".
27
21.The petitioner was also disturbed when he came to know that
different water bodies were being illegally filled up in various parts under
the North Dum Dum Municipality and other places.
22. Under section 17A of the Inland Fisheries Act, no person shall fill
up any water area with the view to convert the same into soiled land for
the purpose of construction of building or within the jurisdiction of any
Municipal Corporation or any Municipality, divide any water area into
parts. A violation of any of these is a punishable offence under the Act.
23. The owners of various plots located under the North Dumdum
Municipality and other places and other miscreants are illegally filling up
the water bodies thereby changing the nature and character of the land
in a total violation of laws.
24. Under section 45 of the West Bengal Town and Country Planning
and Development Act, no development, institution or change of use of
any land shall be undertaken or carried • out without obtaining
permission in writing and without obtaining a certificate from the
concerned authority certifying that the development charge as leviable
under the Act has been paid or that no such development charge is
leviable.
28
25. Under Rule 8(3) of the West Bengal Municipal (Building) Rules,
2007, no canal, pond, water body, wetland, rivulets, jhora, water source,
natural spring, streams, drains, culverts shall be filled up provided that
after taking due consideration of the existing relevant Acts, the drainage
slope, slip, landslide; ecology, culture, environment, pisciculture,
firefighting or any other material consideration, and for reasons to be
recorded in writing by the Board of Councillors with the prior approval of
the State Government, may allow any canal, pond, rivulets, streams,
rivers, Hood plain area to be filled up.
26. On 10.04.2015 the petitioner wrote two etters to the Chairman,
North Dum Dum Municipality and other concerned respondents
regarding the illegal filling up of water bodies about 10 Kathas of land in
Ward No.15 under Gowripur Mouza, Police Station - Airport, Post Office -
Birati, Kolkata - 700051 and 15 Kathas of land in Ward No.15 under
Gouripur Mouza, Police Station - Airport, Post Office - Birati, Kolkata -
700051.
Copies of the above mentioned letters are annexed herewith and
collectively marked as Annexure "P-10".
27. On 24.04.2015 and 03.05.2015 the North Dum Dum Municipality
issued a direction to stop filling up of water body to one Sukhamoy Lodh
29
and others of Holding No.55(39), M.B. Road, Ward no.15 and to one
Binoy Bhusan Chatterjee arid Tapan Chatterjee of Mohajati Nagar, Block
- III, Kalabagan, Mouza - Gouripur, Ward No.15, Police Station - Airport.
The copy of the above mentioned letters were also forwarded to other
concerned respondents by the North Dum Dum Municipality for
necessary actions.
Copies of letter dated 24.04.2015 and 05.05.2015 are annexed
herewith and collectively marked as Annexure "P-11.".
28. On 08.06.2015 the petitioner again wrote a letter to the Chairman,
North Dum Dum Municipality and other concerned respondents
regarding the illegal filling up of water bodies about 37 Kathas of land in
Ward No.18, under Birati Mouza, Police Station - Nimta, Post Office -
Birati, Kolkata - 700051 and requested the concerned respondent to take
necessary action.
A copy of the letter dated 08.06.2015 is annexed herewith and
marked as Annexure "P-12".
29. On 309) June 2015 the petitioner made an application under the
Right to Information Act before the North Dum Dum Municipality and
30
the Assistant Director of Fisheries, North 24 Parganas, inter alia, seeking
information as to steps taken by the Municipality with respect to illegal
filling up of water bodies of:-
16 Katha at Nanisaha Sarani, Western Side of Majarhati water
tank and adjacent of Majarhati Prathatnik Vidyalaya, Ward No. 25,
North Dum Dum Municipality, Post Office- Birati, Police Station-
Nimta, Kolkatii- 700051.
10 Katha at Swami Vivekanafida Road, 7D By Lane, Ward No. 20
(new), North Dum Dum Municipality, Police Station- Nimta, Post
Office Birati, Kolkata- 700051.
iii. 20 Katha at Pratiraksha Nagar under Uttar Nimta Mouza, Dag No.
8120, 8121, Ward No. 11 (new) 10 (old), North Dumdum
Municipality, Post Office and Police Station- Nimta, Kolkata
700049.
60 Katha at Pratiraksha Nagar under Uttar Nimta Mouza, Dag No.
8122, 8123, 8124, 8125, 8126, 8127, 8128, 8129, 8139 Ward No.
11 (new) 10 (old), North Dumdum Municipality, Post Office and
Police Station- Nimta, Kolkata 700049.
v. 20 Katha, owner Sri Barin Roy Chowdhury at Swami Vivekananda
Road, 131 By Lane, Ward no. 20, North Dum Dum Municipality,
Post Office Birati, Police Station Nimta, Kolkata 700051.
31
13 Katha, owner Smt. Tripti Chowdhury at Swami Vivekananda
Road, 64 By Lane, Ward no. 20, North Dum Dum Municipality,
Post Office Birati, Police Station Nimta, Kolkata 700051.
vii. 15 Katha, owner Mamta Paul at Swami Vivekanada Road, 7th By
Lane, Ward no. 20, North Dum Dum Municipality, Post Office
Birati, Police Station Nimta, Kolkata 700051.
viii. 14 Katha, owners Sri Kali Prasad Guha and Smt. Kakuli Das at
Swami Vivekananda Road, 10th By Lane, Ward no. 20, North Dum
Dum Municipality, Post Office Birati, Police Station Nimta, Kolkata
700051.
ix. 22 Katha at B.L. Mukherjee Road, 94 By Lane/ K.K. Ram Das
Road, Under North Dum Dum Municipality, Post Office- Birati,
Police Station- Nimta, Kolkata- 700051.
13 Katha at Chowdhury Pam Main Road, Nimta, Ward No. 9, North
Dum Dum Municipality, Post Office and Police Station- Nimta,
Kolkata — 700049.
xi. 18 Katha at Rishi Bankim Road, Ward No. 11 (new) 10 (old), North
Dum Dum Municipality, Post Office Birati, Police Station- Nimta,
Kolkata 700051.
32
15 Katha at Nazrul Path, Ward No. 13 (new), North Dum Dum
Municipality, Post Office- Birati, Police Station- Nirnta, Kolkata-
700051.
xiii. 26 Katha at Swamiji Pally, Dag No 605 to 607, Mouza Birati,Post
Office Birati, Police Station Nimta, Kolkata 700051.
xiv. 28 Katha at Pharidpur Pally (Ganesh Dutta Road), Dag No. 773,
Mouza Birati, Ward NO. 18, North Dum Dum Municipality, Post
Office Birati, Police Station Nimta, Kolkata 700051,
15 Katha, Mouza Sultanpur, Ward No. 18, North Dum Dum
Municipality, owner Parth Das, son of Nakuleswar Das, Marsha
Pally, Post Office Birati, Police Station Nirnta, Kolkata 700051.
xvi. 37 Katha, Mouza Birati, Ward NO. 18, North Dum Dum
Municipality, Post Office Birati, Police Station Nimta, Dag No. 795,
796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808
and 809 at Siddheshwari Bazar, near mini bus stand.
xvii. 19 Katha, Dag No. 1522 and 1523, Mouza Sultanpur, Ward No. 19,
North Dum Dum Municipality, Police Station Dum Dum,
Khalishakota Pally, owner Chunilal Mukherjee.
311
xviii. 10 Katha, Dag No. 140/1184, Mouza Gouripur, North Dum Dum
Municipality, Ward No. 15, Block Ill, Kalabagan, Post Office Birati,
Police Station Airport, owners Tapan Chaterjee and Binoy Shushan
Chanterjee.
xix. 15 Katha, Holding No. 55 (39), Mouza Gouripur, Ward No. 15,
North Dum Dum Municipality, Block Ill, Kalabagan, Post Office
Birati, Police Station Airport, owner Sukhamoy Lodh.
A copy of such application dated 30th June 2015 under the Right
to Information Act is annexed herewith and marked as Annexure "P-13".
30. On 3rd July 2015 the District Magistrate, North 24 Parganas
forwarded the petitioner's application to the SPIO & 0/C, Law Section,
North 24 Parganas to take necessary steps in providing the answers
sought by the petitioner in his RTI application.
A copy of such letter dated 3rd July 2015 is annexed herewith and
marked as Annexure "P-14".
31. By a letter dated 8I1) July 2015 the SPIO, Office of the Sub-
Divisional Officer Barrackpore, North 24 Parganas transferred the
application of your petitioner under section 6(3) of the Right to
34
Information Act, 2005 to the Executive Officer,North Dum Dum
Municipality for necessary action.
A copy of such letter dated 8th July 2015 is annexed herewith and
marked as Annexure "P-15".
32. On 14th July 2015 the District Magistrate, North 24 Parganas,
Barasat again forwarded Petitioner's RTI application to the Sub-
Divisional Officer, Barrackpore, North 24 Parganas and to the Executive
Officer North Dum Dum Municipality for necessary actions.
A copy of such letter dated 14th July 2015 is annexed herewith and
marked as Annexure "P-16".
33. By a letter dated 16th July 2015 the Assistant Director of Fisheries,
North 24 Parganas informed your petitioner that only designated SPIO's
could answer his questions and asked him to approach them. It is very
strange on the part of the Assistant Director of Fisheries, North 24
Parganas that instead of transferring the application under section 6(3)
of the RTI Act, he asked your petitioner to approach them.
A copy of such letter dated 16D July 2015 is annexed herewith and
marked as Annexure "P-17"
34. On 28th July 2015, the petitioner received a letter from the North
Duni Dum Municipality wherein they stated, in response to his
application under the Right to Information Act dated .30th June 2015,
that the concerned Municipality had issued directions to stop illegal
filling of water bodies for almost all of the properties mentioned by the
petitioner.
A copy of such letter dated 28th July 2015 is annexed herewith and
marked as Annexure "P-18".
35. It is evident from the reply of the concerned municipality that
waterbodies were being illegally filled up at the properties as alleged by
the petitioner.
36. Again on 12/08/ 2015 the Sub-Divisional Officer, Barrackpore,
North 24 Parganas informed your petitioner that his application has
already been forwarded to the Executive Officer, North Dun: Dum
Municipality.
A copy of such letter dated 12/08/2015 is annexed herewith and
marked as Annexure "P-19".
37. On 13.08.2015 the Deputy D.L. & L.R.O. North 24 Parganas,
Barasat yet again transferred the petitioner's application under the RTI
Act to the District Fishery Officer of the North 24 Parganas, the B.L.
L.R.O. of Barackpore Il and the Chairman of the North Dum Dum
36
Municipality, North 24 Parganas and requested them to provide answers
to the queries raised therein.
A copy of such letter dated 13.08.2015 is annexed herewith and
marked as Annexure "P-20",
38. The petitioner finds it very strange that his application under the
RTI Act has been transferred so many times back and forth. This gives
an inkling of some ulterior motive not to divulge the truth. Besides there
is a serious lack of co-ordination among the various departments of the
Government.
39. Being totally disgusted with this endless chain of mails the
petitioner preferred an appeal before the First Appellate Authority under
the RTI Act on 04.08.2015.
40. However the District Magistrate by a letter dated - 14.08.2015
informed the petitioner that due compliance was done in respect of his
application under the RTI Act.
A copy of such letter dated 14.08.2015 is annexed herewith and
marked as Annexure "P-21".
41. On 19.08.2015 Petitioner informed the District Magistrate, North
24 Parganas that he was not the designated First Appellate Authority
and as such he could not dispose of the appeal of the petitioner.
37
A copy of such letter dated 19.08.2015 is annexed herewith and
marked as Annexure "P-22".
42. On 07.10.2015 the Deputy Commissioner of Police (HQ),
Bidhannagar Police Commissionerate informed Petitioner that no
information was available with the Airport Police Station with respect to
his application dated 30Th June 2015 under the RTI Act.
A copy of such letter dated 07.10.2015 is annexed herewith and
marked as Annexure "P-23".
43. Again on 22.10.2015 the Deputy Commissioner of Police (HQ),
Barrackpore Commissionerate informed Petitioner that Nimta Police
Station had received no information regarding illegal filling up of
waterbodies with reference to properties mentioned in his RTI application
and on local enquiry nothing adverse was found by the concerned police
station.
A copy of such letter dated 22.10.2015 is annexed herewith and
marked as Annexure "P-24".
44. This came as a shock .and surprise to the petitioner. Because the
properties with respect to which the North Dum Dum Municipality had
stated that they had issued directions to stop filling up of water bodies,
the Officer-in-Charge of the Nimta Police Station claimed that on local
enquiry nothing adverse was found by him.
38
45. This is absolutely contradictory in nature and may be an effort to
protect the actual perpetrators of crime.
46. It may be noted that on 23.09.2015 the petitioner made another
application under the Right to Information Act before the North Dum
Duni Municipality inter alia, asking them to furnish details as to what
steps they had taken to prevent the illegal filling up of 4 water bodies in
and around the North Dum Dum Municipality.
A copy of such application dated 23.09.2015 is annexed herewith
and marked as Annexure "P-25".
47. On 29.10.2015 the concerned Municipality informed the petitioner
that with respect of 2 properties mentioned in his application dated
23.09.2015 under the RTI Act, they had issued directions to all
government offices to take necessary steps to stop such filling up of
waterbodies. In the said reply the concerned municipality informed the
petitioner that no pond was recorded in the name of "Salil Saha".
However, they had given a bank filing permission to such person.
A copy of such letter dated 29.10.2015 is annexed herewith and
marked as Annexure "P-26".
48. On 16.11.2015 the petitioner in response to the reply of the
Municipality clarified that the name of the owner was "Sachin Saha" and
not "Salil Saha".
39
A copy of such letter dated 16.11.2015 is annexed herewith and
marked as Annexure "P-27".
49. However by a letter dated 15.10.2015 the Inspector-in-Charge of
the Nimta Police Station informed your petitioner that no such complaint
had been received by them and on local enquiry nothing adverse was
found.
A copy of such letter dated 15.10.2015 is annexed herewith and
marked as Annexure "P-28".
50. The petitioner received a letter dated 23.06.2015 from the
Chairman of the North Dum Dum Municipality wherein there was a
direction to stop illegal filling of water body was issued to one Chunilal
Mukherjee and others with copies forwarded to the Inspector-in-Charge
of the Dum Dum Police Station and other government departments for
necessary actions.
A copy of such letter dated 23.06.2015 is annexed herewith and
marked as AnnexurOP-29".
51. Again on 29.10.2015, the petitioner wrote a letter to the Chairman
of the North Dum Dum Municipality, the Inspector-in-Charge of the
Nimta Police Station, Birati, the Assistant Director of Fisheries, North 24
Parganas, and others regarding illegal filling up of water bodies of about
40
55 Kha.tas of land in Ward No. 18 under Sultanpur Mouza, Adarsha
Pally, under the North Dum Dum Municipality area and requested them
to take necessary actions.
A copy of such letter dated 29.10.2015 is annexed herewith and
marked as Annexure "P-30".
52. Again on 28.10.2015, the petitioner wrote a letter to the Chairman
of the North Dum Dum Municipality, the Inspector-in-Charge of the
Airport Police Station, Birati, the Assistant Director of Fisheries, North
24 Parganas, and others regarding illegal filling up of water bodies about
33 Khatas in Ward No. 19 under Sultanpur Mouza, Chandpur Pally,
under North Dum Dum Municipality and requested them take necessary
actions to prevent such illegal activities.
A copy of such letter dated 28.10.2015 is annexed herewith and
marked as Annexure "P-31"
53. It is needless to say that till date no steps have been taken in this
regard to stop such illegal and rampant filling up of water bodies.
54. On 27.11.2015, the Chairman of the North Dum Dum Municipality
issued a direction to one M/s. K.K. Infradev Pvt. Ltd. to stop illegal filling
of a water body and forwarded a copy of the same to the inspector-in-
Charge of the Airport Police Station for necessary actions.
A copy of such letter dated 27.11.2015 is annexed herewith and
marked as Annexure "P-32".
55. However, till date no such steps have been taken by the concerned
Police Station.
56. It is pertinent to mention that the petitioner has got no response
and as such, is unaware whether any steps have been taken at all to
prevent the illegal filling up of various water bodies in and around North
Durn Durn Municipality as mentioned hereinbefore. The petitioner
further fears that in these illegal activities, there is involvement of people
with vested interest some of whom might be holding offices at various
departments of the State Government.
57 Such illegal filling up water bodies with waste 'materials and
garbage has resulted in irreversible environment pollution and is
adversely affecting the lives of the inhabitants of the locality.
58. Mentioning the above facts, convening the fresh incidents, the
petitioner had made a representation before the respondent authorities
on 251h January 2016 but till date, the petitioner has not received any
response.
A copy of the letter dated 25th January 2016 is annexed herewith
and marked as Annexure "P-33".
42
59. Again on 23rd February 2016, the petitioner wrote a letter to the
concerned authorities, complaining, inter alia, about illegal filling up of
waterbodies about 75 khatas of land in ward no. 28 of Bidhannagar
Municipal Corporation at R.S. Dag No. 4622, 4623, 4631, Mouza-
Krishanapur, ..J.L.No. 17, Police Station - Bidhannagar Electronic
Complex, North 24 Parganas.
A copy of the letter dated 23rd Februarys 2016 is annexed herewith
and marked as Annexure "P-34".
60. On 8th March 2016 the petitioner received a letter from the
Assistant Director of Fisheries, wherein the Fisheries Department
accepted that illegal filling up of waterbodies was going on and that one
Ciourab Enterprise was engaged in illegally filling up of waterbodies and
that steps were being taken against them in this regard.
A copy of the letter dated 8th March 2016 is annexed herewith and
marked as Annexure "P-35".
61. By a letter dated 14th March 2016 the Additional Deputy
C:ommissioner of Police, Detective Department, Bidhannagar Police
Commissionerate informed your petitioner that they were in receipt of the
said complaint and that they were investigating the issue raised by the
43
petitioner and that the police authority of Bidhannagar Police
Cornmissionerate would initiate necessary legal recourse.
A copy of the letter dated 14th March 2016 is annexed herewith
and marked ad Annexure "P-36".
62. The petitioner made a demand of justice raising all the issues as
stated above before the concerned respondent authorities by a letter
dated 06.05.2016.
A copy of the letter dated 06.05.2016 is annexed herewith and
marked as Annexure "P-37"
63. The petitioner received a letter dated 19.05.2016 being memo no.
709 / 16/DC DD (ADCP)/BDN PC from the Additional Deputy
Commissioner of Police, Bidhannagar Police Commissionerate, wherein
the police authorities agreed that illegal activities were going on as
alleged by the petitioner, but strangely the letter did not address all the
serious issues raised by the petitioner and was a mere steryotype reply
and even tried to give it a different meaning to the concerns raised by the
petitioner in his demand of justice by deviating from the main issues and
trying to make it sound like petitioner's personal issue and not an issue
concerning the public at large.
A copy of the letter dated 19.05.2016 is annexed herewith and
marked as Annexure "P-38".
44
64. On 17.05.2016 the petitioner wrote a letter to the respondent
authorities regarding cancellation of illegal enlistment of the
unauthorised developers/promoters/workers/contractors along with the
illegal enlistments of the unqualified L.B.S. to the North Dum Dum
Municipality with the illegal syndicate culture of West Bengal to protect
public interest. However the petitioner got no response from the
respondents.
A copy of the letter dated 17.05.2016 is annexed herewith and
marked as Annexure "P-39".
65. On 23.05.2016 the petitioner received a letter ssued from the
desk of District Magistrate, North 24-Parganas vide Memo
No.113(2)/1/(1)/XI,/ Law dated 23.05.2016 by which the petitioner came
w known that the petitioner's application forwarded to the Sub-
Divisional Officer, Barrackpore, North 24-Parganas as well as the
Executive Officer, North Dum Dum Municipality, North 24-Parganas for
taking necessary steps accordingly.
66. On 31.05.2016 the petitioner wrote a letter to the Additional
Deputy Commissioner of Police, Bidhannagar Police Commissionerate
informing him that the issues raised by him were very much public in
nature and as such should be looked into promptly and requested him to
take all necessary steps in this regard.
45
A copy of the letter dated 31.05.2016 is annexed herewith and
marked as Annexure "P-40".
67 On 03.06.2016 the petitioner received an another letter ssued
by the Director of Local Bodies, West Bengal vide Memo
No.548/ 1( 1)/DLB/P-213/3-2016 dated 3rd June, 2016 by which the
petitioner came to learn that the petitioner's application dated
06.05.2016 was forwarded to the Chairman, North Dum Dum
Municipality, North 24-Parganas for taking necessary steps accordingly.
68. On 09.06.2016 the petitioner again wrote a letter to the Chairman
of Baranagar Municipality regarding illegal construction of Building and
violation of sanctioned building plan by M/s. Durga Construction,
Debarshi Developers Pvt. Ltd. and M/s. Eden City Lake Side with the
help of syndicate people in and around Baranagar Municipality, Mouza -
Palpara, land measuring about 5 Cotahs 4 Chittcks 38 sqt. in Dag
No.42 under Khatian No.1075.
A copy of letter dated 09.06.2016 is annexed herewith and marked
as Annexure "P-41".
69. On 13.06.2016 the petitioner wrote a letter to the concerned
respondent authorities regarding prevention of illegal construct.on over
46
illegally filling up water body and unauthorised construction beyond the
sanctioned plan and over industrial land in -
Parvati Garden at Gitanjali Park, Ward no.17, P.O. - Rajbari
Colony, P.S.- Airport, Birati, Kolkata- 700081, made unauthorised
construction over illegally filled water body and unauthorised
construction beyond sanctioned plan.
11. Construction of building/project on industrial land of Dhalai
Karkhana, Durga Nagar, Ward no.23, Mouza-Dakshin Nimta, Dag
no.9500, 9501, 9502, 9503, 9504, 9505, 9506, 9430, 9431, 9432,
9433, 9434, 9535, 9536, 9537; P.O. & P.S.- Nimta, Kolkata-
700049.
III. Unauthorised construction over illegally filled water body and
unauthorised construction beyond sanctioned plan of Ranjan
Construction & Company at Ward no.19, Khalishagota Pally, near
Bharat Milani Sangha, P.0.-Birati, P.S.- Nimta, Birati, Kolkata-
700051.
IV. Unauthorised construction over illegally filled water body and
unauthorised construction beyond sanctioned plan running by
Mr. Sachin Saha, Ward no.19, 3A, Khalishagota Pally, near Bharat
Milani Sangha, P.0.-Birati, P.S.-Nimta, Birati, Kolkata-700051.
47
V. M/s. Blue Heaven, Building Project at Siddeshwari Bazaar on the
M.B. Road, near Birati Mini Bus Stand, Ward no.-18, P.O.- Birati,
Kolkata-700051; running unauthorised construction
over illegally filled water body and unauthorised construction
beyond sanctioned plan.
VI. Unauthorised construction over illegally filled water body and
unauthorised construction beyond sanctioned plan by Mr. Bidhan
Saha, Ashok (Chaitanya) Saha and Babla Dutta at Block no.-4,
Maharaja Nanda Kumar Road, ward no.-15, P.0.-Birati,
Airport, Kolkata-700051.
VII. M/s. B shwakarma Abasan running unauthorised construction
against the Building Rule, 2007; at 151 (138) Sarat Bose Road,
Ward no-17, having dag no 713, land area -7 k - 7ch under
sanctioned plan no.564 dated 18.08.2014, P.0.-Rajbari,
Airport, Ko/kata- 700081.
VIII. M/s. Saha & Sons, Developer, running illegal construction of
Second Floor on 8 ft. wide road against Building Rule, 2007. The
said promoter is also running unauthorised construction beyond
sanctioned plan at Dag no.720, Khatian no.422 & 444, Mouza -
Birati, 260 Mahajati Nagar, Siddeshwari Bazaar, Ward no.14, P.O.-
Birati, P.S.- Nimta, Kolkata-700051.
48
Xerox copy of the letter dated 13.06.2016 is annexed herewith and
marked with letter "P-42".
70. The telltale signs of the syndicates are Britten all over the issues as
discussed hereinabove. Yet, the authorities are in willful denial of the
same. The authorities have failed to take any proper steps to prevent the
illegal filling up of waterbodies and the illegal activities go on unabated.
71. The syndicates are omnipresent as is evident from the facts stated
above. They are the ones who control everything right from filling up of
waterbodies to supply of poor quality of building materials with utter
disregard to the lives of people or the environment.
72. The above mentioned letter clarifies that the concerns raised by the
petitioner are serious in nature and that indeed all these illegal activities
are going on through out the State.
73. The police authorities, as it appears from several communications,
have no intention to stop the illegal activities even when the concerned
municipality asked them specifically to stop such illegal activities or
register cases.
74. The Respondent Authorities have, for reasons known best to them,
failed to respond to and act upon the petitioner's representations again
and again and have deliberately neglected the issues.
49
75. The inaction and non compliance of, on the part of the
respondents, to take measures to prevent illegal activities of the
"Syndicates" who are bent on filling up of water bodies, forcible supply of
substandard building materials, placing unqualified persons as LBS to
get sanction for illegal building plans, which is causing serious threat to
human lives and causing irreversible damage to the environment, is
absolutely bad, both in law as well as in fact and hence, is liable to be
interfered with and remedied by this Hon'ble Court.
76. The bonafide concerns shown by petitioner have failed to elicit any
positive response from the Respondents Authorities.
77. The inordinate and unjustifiable delay on the part of the
respondents to take all measures to prevent illegal activities of the
"Syndicates" who are bent on filling up of water bodies, forcible supply of
substandard building materials, placing unqualified persons at LBS to
get sanction for illegal building plans, which is causing serious hreat to
human lives and causing irreversible damage to the environment is a
complete travesty of justice.
78. The respondent authorities failed to appreciate that specific
criminal cases should have been registered when the corcerned
municipality had issued directions to stop filling up of water bodies
50
79. The respondent authorities failed to appreciate Section I7A of the
West Bengal Inland Fisheries Act, 1984 which states that no person shall
fill up any water area with a view to converting the same into soiled land
for the purpose of construction of building or within the jurisdiction of
any Municipal Corporation or any Municipality divide any water area into
parts.
80. The respondent authorities failed to appreciate the provisions of
the West Bengal Inland Fisheries Act, 1984 wherein it is mentioned that
even if permission is given for filling up of water bodies, then another
water body of equivalent portion has to be dug up in the same locality.
81. The respondent authorities failed to appreciate the West Bengal
Inland Fisheries Act, 1984 provides for demolition of any construction
made on a illegally filled up water body and for restoring the same to its
original state.
82. The respondent authorities failed to appreciate that accoridng to
Section 45 of the West Bengal Town and Country Planning and
Development Act, no development institution or change of use of any
land shall be undertaken or carried out without obtaining permission in
writing and without obtaining a certificate from the concerned authority
certifying that the development charge as leviable under the Act has been
paid or that no such development charge is leviable.
51
83. The respondent authorities failed to appreciate Rule 8(3) of the
West Bengal Municipal (Building) Rules, 2007, which provides that no
canal, pond, water body, wetland, rivulets, jhora, water source, natural
spring, streams, drains, culverts shall be filled up provided that after
taking due consideration of the existing relevant Acts, the drainage slope,
slip, landslide, ecology, culture, environment, pisciculture, fire fighting or
any other material consideration, and for reasons to be recorded in
writing the Board of Councillors with the prior approval of the State
Government, may allow any canal, pond, rivulets, streams, rivers, Hood
plain area to be filled up.
84. The respondents seemed to have failed to appreciate that the delay
in taking steps to stop the illegal activities will inevitably contribute
towards the coming into play of extraneous factors and of acquescing to
illegal acts of the violators of law.
85. The petitioner fears that the inaction of Respondents Authorities to
prevent and take steps over the illegal activities of syndicates as
mentioned above, would cause total destruction of ecological and
environmental balance in the affected areas the impugned inaction is
absolutely arbitrary and in breach of Article 14 and 21 of the
Constitution.
52
86. The aforesaid lapses by the respondents are absolutely deliberate,
arbitrary and illegal.
87. It is submitted that the inaction, neglect and refusal on the part of
respondents in not taking any steps to prevent the illegal activities is
arbitrary, illegal, perverse and mala fide and without any basis
whatsoever.
88. It is submitted that the respondents have clearly failed to act
accordance with either law or equity.
89. The inaction on and non compliance of, on the part of the
respondents, to take all measures to prevent illegal activities of the
"Syndicates" who are bent on illegally filling up of water bodies, forcibly
supplying substandard building materials, placing unqualified persons
as LBS to get sanction for illegal building plans, which is causing serious
threat to human lives and causing irreversible damage to the
environment, is otherwise bad in law and hence, is liable to be interfered
with and remedied by this Hon'ble Court.
90. Being aggrieved by and dissatisfied with the arbitrary and illegal
acts of the private respondents and the inaction of the Respondent
Authorities in not taking any positive steps in curbing the illegal
53
activities of the "Syndicates" who are bent on illegally filling up of water
bodies, forcibly supplying of substandard building materials, placing
unqualified persons as LBS to get sanction for illegal building
plans • which is causing serious threat to human lives and causing
irreversible damage to the environment, your petitioner begs to move the
instant writ application before the Hon'ble Court on the following
amongst other :-
GROUNDS
For that the respondent authorities have, for reasons known best
to them, failed to respond to and act upon the petitioner's
representations again and again and have deliberately neglected
the issues.
IL For that the inaction and non compliance of, on the part of the
respondents, to take measures to prevent illegal activties of the
"Syndicates" who are bent on filling up of water bodbs, forcible
supply of substandard building materials, placing inqualified
persons as LBS to get sanction for illegal building plan;, which is
causing serious threat to human lives and causing rreversible
damage to the environment, is absolutely bad, both in aw as well
as in fact and hence, is liable to be interfered with and E medied by
this Hon'ble Court.
54
III. For that the bonafide concerns shown by petitioner have
failed to elicit any positive response from the Respondents
Authorities.
IV. For that the inordinate and unjustifiable delay on the part of the
respondents to take all measures to prevent illegal activities of the
"Syndicates" who are bent on filling up of water bodies, forcible
supply of substandard building materials, placing unqualified
persons as LBS to get sanction for illegal building plans, which is
causing serious threat to human lives and causing irreversible
damage to the environment is a complete travesty of justice.
V. For that the respondent authorities failed to appreciate that
specific criminal cases should have been registered when the
concerned municipality had issued directions to stop filling up of
water bodies.
VI. For that the respondent authorities failed to appreciate Section
17A of the West Bengal Inland Fisheries Act, 1984 which states
that no person shall fill up any water area with a view to
converting the same into soiled land for the purpose of
construction of building or within the jurisdiction of any Municipal
Corporation or any Municipality divide any water area into parts.
55
VII. For that the respondent authorities failed to appreciate the
provisions of the West Bengal Inland Fisheries Act, 1984 wherein it
is mentioned that even if permission is given for filling up of water
bodies, then another water body of equivalent portion has to be
dug up in the same locality.
VIIL For that the respondent authorities failed to appreciate the West
Bengal Inland Fisheries Act, 1984 provides for demolition of any
construction made on a illegally filled up water body and for
restoring the same to its original state.
IX. For that the respondent authorities failed to appreciate that
according to Section 45 of the West Bengal Town and Country
Planning and Development Act, no development institution or
change of use of any land shall be undertaken or carried out
without obtaining permission in writing and without obtaining a
certificate from the concerned authority certifying that the
development charge as leviable under the Act has been paid or that
no such development charge is leviable.
X For that the respondent authorities failed to appreciate Rule 8(3) of
the West Bengal Municipal (Building) Rules, 2007, which provides
that no canal, pond, water body, wetland, rivulets, jhora, water
56
source, natural spring, streams, drains, culverts shall be filled up
provided that after taking due consideration of the existing relevant
Acts, the drainage slope, slip, landslide, ecology, culture,
environment, pisciculture, fire fighting or any other material
consideration, and for reasons to be recorded in writing the Board
of Councillors with the prior approval of the State Government,
may allow any canal, pond, rivulets, streams, rivers, Hood plain
area to be filled up.
Xl. For that the respondents seemed to have failed to appreciate that
the delay in taking steps to stop the illegal activities will inevitably
contribute towards the coming into play of extraneous factors and
of acquescing to illegal acts of the violators of law.
XII. For that the petitioner fears that the inaction of Respondents
Authorities to prevent and take steps over the illegal activities of
syndicates as mentioned above, would cause total destruction of
ecological and environmental balance in the affected areas the
impugned inaction is absolutely arbitrary and in breach of Article
14 and 21 of the Constitution.
XIII. For that the aforesaid lapses by the respondents are absolutely
deliberate, arbitrary and illegal.
57
XIV. For that the inaction, neglect and refusal on the part of
respondents in not taking any steps to prevent the illegal activities
is arbitrary, illegal, perverse and mala fide and without any basis
whatsoever.
XV. For that the respondents have clearly failed to act in accordance
with either law or equity.
XVI. For that the inaction on and non compliance of, on the part of the
respondents, to take all measures to prevent illegal activities of the
"Syndicates" who are bent on illegally filling up of water bodies,
forcibly supplying substandard building materials, placing
unqualified persons as LBS to get sanction for illegal building
plans, which is causing serious threat to human lives and causing
irreversible damage to the environment, is otherwise bad in law
and hence, is liable to be interfered with and remedied by this
Hon'ble Court.
91. There is no other alternative, efficacious and speedy remedy
available to the petitioner and the petitioner has been left with no other
alternative but to file the instant public interest litigation/ writ
application.
58
92. The petitioner states that he has demanded justice and hence and
in the circumstances any further demand for justice shall be otiose and idle formality.
93. The records of the case are lying in the office of the Respondent
Authorities
Court.
94. This application is made bonafide and in the interest of justice.
In the aforesaid circumstances, it is
most respectfully prayed that your
Lordships would graciously be
please to issue:
Al A writ and/or writs in the
nature of mandamus be issued
commanding the Respondent
Authorities and each one of them
and their men, agents, servants,
officers, subordinates and
associates to take necessary action
to prevent the illegal filling up of
water bodies and to identify the
number of water bodies which are
being illegally filled up and/or are in
within the Appellate. Side Jurisdiction of this Hon'ble
the process of being filled up, stop
such illegal activity and to identify
the persons responsible for such
large scale of illegal filling up of
water bodies
B] A writ of and/or in the nature
of 'Mandamus do issue directing
the respondent authorities and their
men and agents to prevent forcible
supply of sub-standard building
materials and manipulation in
granting sanctions to buildings
plans by placing unqualified LES
officers in municipalities, among
other;
C] A writ of and/or in the nature
of Mandamus do issue directing
the Central Bureau of Investigation
to take up the investigation into the
cases of murder and other offences
committed in respect of forcible
supply of sub-standard building
59
materials, considering the enormity
of the problem and the involvement
of well-organised syndicates in such
illegalities;
D] A writ of and/or in the nature
of Mandamus do issue directing
the respondent authorities and their
men and agents to inquire into the
issues of arbitrary appointing of
unqualified LBS officers in
municipalities, among other;
E] A writ and/or writs in the
nature of Certiorari be issued
commanding the Respondent
Authorities and each one of them
and their men, agents, servants,
officers, subordinates and
associates to transmit the entire
records of the case before this
Honible Court so that conscionable
justice may be done;
60
61
F] To pass an interim order in
order to take immediate action
against the aforesaid illegal activities
in order to prevent illegal operation
and illegal filling up of water bodies;
G] To issue Rule NISI in terms of
the prayers (A), (B), (C), (D) and (E)
made herein above;
H] An ad-interim order in terms
of prayer (F);
Costs;
J] Such further order or
orders, direction or directions as
Your Lordship may deem fit and
proper;
And your petitioner, as in duty bound, shall ever pray.
62
AFFIDAVIT
I, Biplab Kumar Chowdhury, Son of Late Birendra Nath
Chowdhury, aged about 56 years, by faith- Hindu, by occupation-
Business, residing at 108 M.B. Road, Sukanta Sarani, Purbita,
Birati, Police Station Airport, Kolkata - 700051, do hereby solemnly
affirm and say as follows :-
1. That I am the petitioner in the instant case and as such I am
known the facts and circumstances of this case.
2. That the statements made in paragraphs 1 to 21, 23, 26 to
34, 36 to 44, 46 to 71 of the foregoing petition are true to my
knowledge and the rest are my humble submissions before the
Hon'ble Court.
cg I (,; A/3, o..ussaan Prepared in my office The d'hponent is known to me
Advocate Clerk to :
Advocate
Solemnly affirmed before on this
the S-acclay of July, 2016.
I certify that all annexures are legible.
CC\ kr" C-tit Advocate
Commissioner
-- C3—
THE INDIAN EXPRESS.
Post Narada, 'syndicate' sting hits TMC Ks 50-60 lakb needed to fight state polls... most of it paid by syndicates:
(lhaiiiiagar mayor 'on camera'
N;.0 r ss News Service Kolkata Updated: April 6,20169:12 run
DAYS AFTER Trinamool Congress leaders were allegedly caught on camera accepting bribes to
rid a fled tuous company, another sting operation — conducted by Times Now — has come to
where Bidhannagar Mayor Sabyasachi Dutta is seen saying it takes nearly Rs 50 latch to Rs
t)0 la kh to fight Assembly polls and most of the money fir; this is paid by syndicates. This comes
on the heels of Narada News portal releasing videos of its sting operation, where top
Iiinamool leaders were allegedly seen accepting bribes from journalists posing, a businessmen. bi Tuesday, senior BJP leader Jayprakash Majumder played the syndicate "sting'
video before niecliapersons. The Indian Express cannot vouch for the authenticity of tic video. in the
purported video, Dutta — Trinarnool's candidate from Rajarhat New Town constituency --- is seen
admiting that a 'syndicate raj' was flourishing in the New Town area. Duna allegedly said he was with those running such syndicates --politician-construction mafia nexus - in New [own
because they provide the maximum fund required to contest elections. About Rs
50 lakh to Rs 60 latch are required to contest an election. The party gives Rs 5 latch Lind I put in Rs 5
latch. The rest comes from these people," he added. When asked why he is :given such
kind of money, Dutta said: "They know they would pay one day and do business peacefully for four years and 364 days... They know I will look after them..." When asked,
Dutta did not deny the authenticity of the video. "I am not saying this is a doctored or false video. It
is genuine and I had said what I had to.., I had not encouraged any syndicate but patronised
youths who earn their livelihood by dealing in building materials...," he claimed.
Following the press conference, a three-member team led by Majumder visited the Chief Electoral
Officer. Demanding that Dutta's candidature be cancelled, Majumder said: "He has admitted that on the day when he went to
submit his nomination, his supporters arrived in around 200 buses. The EC should take note..." -On July
21, Chief Minister Mamata Banerjee — during martyrs' rally — had said she would not allow any syndicate business in
her party. Now comes this... So was the CM's warning to party 'workers to refrain from syndicates only drama?" he asked.
Flourishing 'syndicate raj' is an open secret in Bengal Hindustan Times Kolkata
Updated. Apr 05, 2016 15:441ST
it'd/mix All workers carrying giant hoardings of West Bengal ad'Syndicate' is an extortion racket dui/ runs it, areas where real estate is
witnessing a boom. Unemployed men backed by the ruling party 7Sif the clout and the threat of violence to force contractors into buying inferior building materials from them ot a premium. (PTI)
With assembly elections round the corner, big money will illegally change hands to fund the entire run-
up to the polls by political parties and their candidates. A lion's share of this shady transaction comes
from the 'syndicate raj' that is thriving in the state.
During polls, syndicate members or local toughs are also used as muscle power by their political bosses for not only terrorising voters but also opposition workers.
ft is now an open secret in Kolkata, or for that matter in the entire state of West Bengal, 'Syndicate' is an extortion racket that runs in areas where real estate is witnessing a boom. Unemployed men backed by the ruling party use the clout and the threat of violence to force contractors into buying inferior building materials from them at a premium.
Chief minister Mamata Banerjee has been repeatedly cautioning her party men to stay away from syndicates but to no avail.
While Banerjee has a clean image and is tying to steer her party out of the murky waters, her trusted lieutenants are being exposed one after the other for their association with one of the biggest menaces of the state - syndicate raj. Funding elections
In 2014, the Election Commission of India increased the ceiling on poll expenditure by raising the cap for contesting election for the Lok Sabha to Rs 70 lakh and that for contesting an assembly seat
was risen at Rs 28 lakh.
But that is just official. Ask any politician and he would tell you this is just a part of what they actually spend before the elections.
A few days back state urban development minister Firhad Hakim was allegedly caught on spy camera revealing it takes nearly Rs I crore to fight an election to the Lok Sabha. On Monday, another sting
operation exposed Bidhannagar mayor Sabyasachi Dutta saying that it takes nearly Rs 50-60 lakh to light the assembly elections and that most of the money come from syndicates.
"Every Trinamool Congress leader seems to be involved in syndicates and extortion, What is new in it? The sting is just showing them taking bribes and cash on camera. See every neighborhood and you will find them easily. They are the ruling party toughs," senior Congress leader Abdul Mannan said.
Dutta went further to reveal how his party backs syndicates so that the funds could be siphoned back the party before the elections.
"There are four pillars on which Trinamool Congress is standing, bribes, extortion, syndicates and chit Funds. Using these they came in power, using the same they want to stay in power. So many murders
took place in Rajarhat-Newtown surrounding syndicates. Sabyasachi's statement only proves it," Robin Deb, CPI-M state secretariat member and a candidate from Singur, said.
The syndicate menace has plagued the city and its outskirts - from the fledgling township of Rajarhat-Newtown in the north, areas off the EM Bypass in the east, Sonarpur and BaruIpur in south or Soka and Behala in the west. Syndicates owing allegiance to the ruling party get the 'job' of supplying labour and construction materials for bridges and flyovers.
Big names from the ruling party such as Sabyasachi Dutta and Barasat MP Kakoli Ghosh Dastidar are often associated with these syndicates. Dirty works
Violence, shootouts, murders, gang rivalry, kidnapping, extortion — are the some of the most common climes that revolve around this syndicate raj.
n the 2015 municipal polls, most of the violence that rocked the city took place in areas where these syndicates are active and flex their muscles. It is because they control the real estate market which involves 'big black money' .
The nexus between goons, politicians and even a section of police has reached such extent that even the courts have not been spared.
Workers and labourers at the construction site of the proposed West Bengal Judicial Academy in New
Town, Rajarhat were attacked and building material was stolen because the contractors didn't purchase materials from syndicates.
Recently the Calcutta high court directed the Bidhannagar Police to crack down on these syndicates after a promoter whose construction site was blocked filed a petition. But nothing significant has happened so far.
t,ft‘ams
India's only range cf Ads that clean ite EEO" atillthECHiC3Ily
The Telegraph lMondaY 13 . 20161
Follow us: in in arOtt
Front Page >Story
Lace in Them 16;i ).C6T
Saradha-Naratia-flyover
Amato Gang* and nut* Elan
April 17: Prime Minister Narendra Modi today pitchforked the 'syndicate culture" to the campaign centre stage, literally acting out a grubby-hand scene that has been haunting Team Mamala end connecting the flyover collapse. Narada expose and the Saradhe scandal through a Trinamul thread.
SPONSORED By laying stress on bringing multiple scandals under one umbrella and calling upon Bengal to liberate itself from the clutches of extortionists, the Prime Minister seemed to suggest that the syndicate raj symbolises everything that has gone wrong with the
CRIES P. REGIONS Mama Banerjee government.
Metro
• Yahaan syndicate culture chat raha hal Agar Bengal ko muk t kerne her to syndicate culture se niukt kama hal (A syndicate culture is prevailing hare. If Bengal has to be North Bengal
liberated, ithas tone freed from this syndicate culture): Moth told his fifth rally in poll Northeast season Bengal at Nadia's leishnegar. ,Tharkhand
Bihar He later elaborated on the theme in Calcutta, where Ink-Terence by syndicates Is Odisha seeping Into almost all spheres o} life.
'took at the people In the earadhe scam You will find the same people are caught In the Nerada sting. And again these very people are linked to the flyover collapse," Mod' said while addressing a meeting on the Shahid Miner ground in Calcutta.
Syndicates are constructlon supply cartels thatforca realtom and ordinary citizens to buy Inferior materials at a premium. Over the past bye years, the syndicates have extended the scale and scope of their operations - a testimony to the drought ofJobs that is driving youths to provide muscle to such extortion rackets.
"Calcutta ice Vivekananda Bridge jo toota hal na, yeh syndicate culture La peenaern hal Vivekananda flyover that came crashing down In Calcutta Is a fallout of this syndicate culture); Modi said, drawing a spirited response from the 10.000-odd audience on the Kitshnegar Government College grounds.
A preliminary Inquiry has revealed that construction materials used In the bridge were "substandard'.
Mow suggested that no one. however high or Mighty, was safe from the syndicates, pointing out that a high courtjudge had also complained of syndicates controlling everything In Bengal.
The reference seemed to be to an observation made by Justice DIpankar Dutta in the open court In Febniary.'Ask your police to lake strong measures against such syndicate raj. The situation is so alarming that members of syndicates are not even sparing Calcutta High Court" Justice Duda had told the state gOVOMITIOneS lawyer. 'atoning to problems faced while constructing court buildings In Salt Lake and Asansol. Modi took care to fuse syndicates with an indelible imege of corruption: the Narada tapes that show Tdnamul leader after Trinamul leader purportedly being offered wads of cash and the leaders putting Main away as if It was an all-loo-familiar everyday business.
Moth enacted how money was tucked Into the kurta pockets and asked whether Mamata had changed so much that the would remain quiet In the face of such overwhelming evidence.
'After the Prime Minister's speeches today, Narada and syndicates have become major Issues for us and we will raise them In the poll campaign; said Sldharth Nath Singh, the Bengal BJP cothinder.
Ater the Vivekananda Road flyover collapsed. Sabyesachl Dan, the Bidhannagar mayor and Tdnamul MLA from Rajarhat4bew Town, had conceded In a sting operation that syndicates helped feed people and any action to restrain them could prove costly for any government.
I cannot provide livelihood to them. If 20,000 people die of starvation, the government will talk El tell 20,000 people you have to die, even if Z000 goons die, it would be a major anis:I Duda had said.
Today, CPM politburo member and Reigate MP Mohammad Salim did notdenythat the syndicates had come to existence during Left rule.
'These syndicates operate wherever there Is a real estate boom. Under Trinamul, the syndicates have been institutionalised. We have learnt from the past. There Is a nexus between crime, politics and administration behind these syndicates. two come to power, we will break this nexus,' Salim told a questioner.
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P2016 Print The 'syndicate ran and general lawlessness that hived UMW Memeta's rule will goon As ?c,,ng as the CPM, with its more rigid control over the party machinery, was around, there was some ch ck on the syndicates, they could not become the law unto themselves that they are today. The 'syndicate raj' is very much a creation of the TMC, made worse with the constant internecine warfare of Trinamool leaders spilling over into the syndicate business or maybe it's vice versa, whatever. Take the Cossipore-Belgachhia seat in north Kolkata which the Trinamool owns. It witnessed a one-sided battle in the 2015 civic polls with allegations of booth jamming and violence against TMC leaders who have powerful syndicates prospering from the construction boom along both sides of the BT road at their beck and call. But the area is also plagued by constant warfare between the supply syndicates there blessed by opposing TMC leaders, the sitting TMC MLA and the TMC councillor and has even cast a shadow over the party's prospects in the elections to be held here on 25 April. It has even led to the arrest of one syndicate member despite the support of his dada. Apparently, the order for the arrest came from the CM herself.
It could be true. The chief minister is certainly aware of the malignancy and kicked off her election campaign with a warning to those who "do syndicates". The party doesn't want them within its fold, she declared, an empty fulmination as she must well have known. It doesn't matter whether the syndicate bosses are themselves card-holding members of the TMC as long as the party bosses are with them.
That they are very much with da in has been laid bare by the Times Now sting on Sabyasachi Dutta, Trinamool's candidate from the Rajarhat New Town constituency, who is also the mayor of the six-month old Bidhannagar Municipal Corporation formed by the merger of Bidhannagar aka Salt Lake and Raj arhat-Gopalpur municipalities, thereby expanding the operations of the syndicates in those areas manifold. Dutta had won the Bidhannagar Municipal Corporation polls last October amid complaints of booth capturing by his syndicate army.
To give the devil his due, Dutta has not denied having said what he did, that the syndicates bear the bulk of his electoral expenses and provide the manpower needed. The thousands who accompanied him to the election office when he filed his nomination papers a few days ago were his syndicate admirers who had provided the 200 plus buses too, he revealed. They do all this for him not out of love, as he frankly concedes, but because, "they know that they have to pay for one day to be able to do business peacefully for the next four and a half years." Dutta later explained, "I am not saying I have encouraged any syndicate but have only patronised youths who earn their livelihood by dealing in building materials."
As do many of his fellow members in the TMC. In fact, it is a moot question who needs the other more, the syndicates or their political masters. The syndicates certainly won't bat an eyelid throwing the TMC party banners into the nearest landfill and changing colours if the political situation so demands.
Mamata Banerjee knows this reality all too well and would have been content with pious homilies against the goons running these rackets if the flyover collapsed. The syndicate raj, with its catastrophic consequences, may well be an election issue, as part of the general atmosphere of lawlessness that has flourished under her guidance. But will she be able to do much more even if she wants to and gets another chance to do something about it? Unlikely.
O - ifkientradforte- fk2,,
NORTH DUM DUM MUNICIPALITY 163, M.B.ROAD, BIRATI, KOLKATA - 700051
PRONE: (033)2514 • 2101 / 2514 • 2494, FAX - (033) 2514 • 2990 Website: http://www.northdumdummunicipailty.org
E-mall ID: npcimboarbegja Elio • III%
Mjn o No. NDDWPWD/itTV BS•r2. Dated t 29.10.2015
To Shri Biplab Kumar Chowdhury S/o Late Birendra Nath Chowdhury 108, M. B. Road, Forbin', Sukanta Sarani, Birati, Kolkata — 700051
Sub : Application U/s 6(1) of the RTI Act, 2005.
Ref t Sri Biplab Kurnar Chowdhury, application dated 08.09.2015 received by this office on 11.09.2015 and received by the undersigned on 30.09.2015 .
Sir, Your application dated 08.09.2015 under RTI Act' 2005 has been gone through. The
point wise reply for the following from the SPIO, PWD, 'has been furnished for your information:-
SI.No. Item No. Reply 4. (a)(i) Land owners : Smt. Sandhya Rani Saha & others, Dag No.146, Holding
No.11, M. Block — Ill, Kalabagan Road, Ward No.15, Total Area of said Dag No.366.63 1.12, Nature of Land • Bastu, wide of Municipal Road Front 3.60 Mt.
(ii) SI. No. of Sanction Building Plan is 434 of 2015-16, Data of Approval —14,08,2015, Total Covered Area — 829.60 M2, Total Uncovered Area —159.23 M2, Sanction No. of Floors — 0+111.
(iii) There is no information of illegal Construction in any floor except the height of Ground Floor which is deviated by 320 mm. in height from the sanctioned height.
(iv) Ground floor Car Parking, 1" to 314 Floor. ...Residential Flats. v Name of bevel° • er Mk Tnn• anee Develo • er Iv IN Tntat amount deposited to the Municipality is Rs.4,50,897.00 & Cess
(viii) S. K. Roy & Co. (ix) The Building is under construction. The case will be treated as per Act &
Rule. (x) Does not arise. (xi) The question is not understood.
4. (b)(i) Land owners : Sri Ajit Kr. Das OnPta & Others, Dag No.146/1207 & 150,
Holding N0.1 idd• M. B. Road, 0Calahagan Road). Ward No.15, Total Area of said Dag Nos. 269.91 M2, Nature of Land : Bastu, wide of Municipal Road Front 4.00 Mt., Side 3.65 Mt .,,
(ii) Sl. No. of Sanctioned Building, Plan 899 of 2009-10, Date of Approval —07.01.2010, Total Covered Area — 498.57 M2, Total Uncovered Area — 103.72 M2, S • o. of Floors — In storied.
(iii) There is no ) sof Illegal Construction in any floor except the
a;c41/e•na cin.,7‘;?
vdrukiw boxes & almmih (iv) Ground floor - Sbop Area 16.21 M2,, Carpeaking (Garage) 33.38 M2
, 11 it nd wa — aW.47 an.4 each Nook (v) (vii)
Sri MA±iojjtr.
N on:Wel:ea —Sri Sambhu Nat Saha. ill • Posited to the Munioleaffiv ie Ra.51,610.
Chalaalsorty (vfii) (ix) After submission of file for occupancy / completion certificate • the
Municipal Authority will decide about revocation of Securi, deposit if any.. (x) The owner has, not yet been obtaitiad / submitted the file for completion cez$1,4,*
(xi) The on is not understood. 4. (c)(i) Ladowners : Smt. Lima Chatterjee, Dag No.140, 144, 149/1184,
140/1179, 10/1180, 140/1182 & 140/1133, Holding No.14/80,. M. Block —III, Kalabagan Road, Ward No.15, Total Axes of said Dag No.1364.92 M2 (possession), Nature of Land : Bastu &Pond, wide of Munk* Road 3.65 Mt.
(ii) SI. No.222 of 2012-13, Date of Approval — 25.06.2012, Total Covered Area 1192.03 M2, Total Uncovered Area — 956.37 M2, Sanction No. of Floors - la storied.
(iii) There is no information of illegal COnstruction in any floor except the vdnclow boxes and almirah.
(iv) Detail of floor pipgdential
— Car Parking(7 Nos, open space), Ground to 2na Floor — Flats. (v) bile? of Developer —M/s Gandeep Sales Pvt. Ltd. (vii) 'Total amount deposited to the Municipality is Rs.1,44,669.00 & Cass
unt is Ra.75075.00 1 . ICr. ChskrabortY
. (ix) Deposit forfeited due to such deviation, (x) *I == • H. • n Certificate issued. (xi) ‘, - question is not understood.
a. (4)0) Lind owners : Stat. Amite Bliattachatjae & others; Dag No.140; Holding 140.37, M. Block — III, Kalabagan Road, Ward No.15, Total Area of said Dag No.200.74 M2, Nature of Land : Danga, wide of Municipal Road Front 3.65 Mt.
(ii) SI. No.1019 of 2014-15, Date of Approval — 11,12.2014, Total Covered Area — 388.39M2, Total Uncovered Area — 70.81 M2, Sanction No. of Floors — 111 storied.
(iii) There is no information of illegal Constnotion in :my floor except window boxes, almirali.
Civ) Detail of floor Ground Floor — 101.52 M2, Residential. & Car Parking —27.01 M2, In & rd Floor — Residential Flats.
(v) Name of Developer — Stat. Debgati Wunder, (vii) Total amount deposited to the Municipality is ks.62,570.00 and Cess
Amount is Rs.24?23.00, (viii) M/s S. K. Roy Et Co. (ix) Security Deposit forfeited due to such deviation. (x) Completion Certificate issued. (x1) The question is not understood.
4. (e)(1) Land owners : Smt. Manjula Sikder, Dag No.140/1181, Holding No.15/81, . Kalabagan Road, Ward No.15, Total Asea of said 'Dag N6272.54 M2, Nature of Land • Bastu, wide of Municipal Road Mt & 2.90
Front 4.90 Mt., Side 3.20 Mt ..,=se.m.-
SPIO, PWD Dum Municipality
Sl. No.80 of 2015-16, Date of Approval - 20.04.2015, Total Covered Area -485.79 M2, Total Uncovered Area - 116.61 M2, Sanction No. of Floors - LEI d storie. Tharp s noInfolmsejon of illegal Detail of Orent Floor - 11/.46triggIti ieSpannir-K2, la & 2" Floor-Area 161.93 M2 Residential Plats(each floo) NAMO of Developer - M/s Ciandems Sales MIL Ltd. Total amount deposited to the Municipality is Rs.72,847.00 Gess Amount is Rs.30,299.00 Sri Manoi ICr. Chakraborty The Building is under construction. Does not arise. The question is'not understood.
On deposit of requisite fees, hard copy of the information will be given to the applicant.
Thanking you, Yours faithfully,
SPIO, PWD North Dum Dorn Municipality
Memo No. se WD/RTD 1-5- 2-C
Copy forwarded for info....:onto
1. The Executive Officer, ND 2. Sri Sishnu Charan Hire, Diets
Dated : 29.10.2015
To The Chairman, Baranagar Mu; Baranagar, N
Madam,
Re: Construction beyond the sanctioned plan at the premises No.47, Raimohan Banerjee Road and 71, Raimohan Banerjee, by Sri Subodh Kumar Banerjee and Sri Souniya Banerjee.
I Sri Biplab Chowdhury, son of Late Birertdranath Chowdhury of 108,
M.B Road, Purbita, Sukanta Sarani, Police Station - Alipore, Birati, Kolkata - 700051 do hereby state the following facts for your immediate action -
1. That Sri Subodh Kumar Banerjee and Sri Soumya Bane/ice are construing
a multi-storied building for their commercial gains at the abovesaid premises.
2. That I have no knowledge as to who own the abovesaid premises but I
am certain that the abovesaid persons are carrying out the unauthorized construction at the said premises.
That from your records it can be ascertained as to who own the said premises.
4. That the abovesaid two persons have caused the entire premises with tarpaulins and constructing the building without leaving any statutory side space.
5. That in the premises 11.0.47, Raimohart Banerjee Road there is no side
space on the East, West and North of the premises.
6 That in respect of the premises no.71, Raitnokan Banerjee Road, no space
on the Eastern and the Northern sides. Moreover the abovesaid two persons eagikea...vz
2
•
have deeply encroached the children's park adjoining the aid premises and converted it into their own property.
That in view of the above, such construction made by the abovesaid
person are in clear violation of the Municipal Act and its various rules.
8. That you have ample statutory powers to stop such illegal construction by
the aforeaid personstrche Board oi4°Cooncillors of the-Municipality is vested with the right to order demolition of any Unauthorized construction.
That in view of the above facts, you are requested to take immediate
action for stopping illegal constructions in the said two premises after a physical
verification of the construction sites and place the matter before the Board of
Councillors for taking steps to stop any unauthorized construction. You are also
requested to take appropriate measures ageism the concerned supervising
engineer and the Licensed Built ig Supervisors involved in the matter of the
said construction, within a reasonable period of time, otherwise I shall initiate
appropriate legal proceeding against the abovesaid persons making you as a
necessary party in the proceedings.
Thanking you,
Yours faithfully, p_e° _ fe e ire ion a it Csit'47
ptal"..a1.3- (Biplab Kumar Chowdhury)
108, M.B. Road, Purbita, Sukanta Sarard, Strata,
Kolkata - 700051.
0
finfrienete—P-1
Date • 3a06 2015 To
The State Public Information Officerland Office Superintendent, Bhatpara Municipality, 1/1, Ghosh Para Road, Post Office - Kankinara, District - North 24-Parganas, PIN - 743126, West Bengal.
SUBJECT : APPLICATION UNDER SECTION 6 1 OF THE RIGHT TO INFORMATI01%_,tha
1 Name of the Applicant : BIPLAB KUMAR CHOWDHURY
Son Late Birendranath Chowdhury.
2. Address : 108, M.B Road, Purbita, Sukanta Sarani,
Police Station - Alipore, Bind, Kolkata -
700051.
3. I.D. No.
4. Information Sought : Please supply me the information in
details of the following question :-
1. Does Bhatpara Municipality have
any criteria for competence assessmeirit of Licensed Building Surveyor (LBS) ?
2. What are the work load or' work
criteria of each Licensed Building Surveyor (LBS)
3. Please supply the list of current
Licensed Building Surveyor (LBS)
ad;e4i/twame C.129
appinted/empanelled by Bhatpara
Municipality till date along with their qualification and experience details.
4. . Are the listed, Licensed Building
Surveyor (LBS) graded according to their experience ? If so please supply the details
of Licensed Building Surveyor (LBS) as
per their grades recorded with Bhatpara Municipality ?
5. Is the authority or body of persons in
Bhatpara Municipality empowered under
the statute to empanel or appoint' or give
license to Licensed Building Surveyor
(LBS) to practice as Licensed Building Surveyor(LBS)7
6. What is the statute or law under
which Licensed Building Surveyor (LBS) is
empanelled or appointed or given license
to practice as LBS by Bhatpara Municipality ?
7. If the answer to query nod is "Yes"
then please supply the details of procedure followed by Bhatpara
Municipality for LBS's competence assessment ?
' 8. Please furnish details of each
building constructed or sanctioned for
construction from ist January, 2012 within
the jurisdiction of Bhatpara Municipality
c; ealts yenta, ".
and also furnished the details of the Licensed Building Surveyor (LBS) who has sanctioned the plan.
9. How many constructions or sanctioned construction building plans from 1st January, 2012 are their below the height of 11.5 Mt in Bhatpara Municipality and who are the Licensed Building Surveyor (LBS) for each such building ?
10. How many constructions or sanctioned building construction plan from,1 January, 2012 are their below the height of 14.5 Mt. in phatpara Municipality and who are the Licensed Building Surveyor (LBS) for each such building ?
11. How many constructions or sanctioned construction building plans from 1st January, 2012 are their above the height of 14.5 Mt. in Bhatpara Municipality and who are the Licensed Building Surveyor (LBS) for each such building ?
12. How many illegal building construction was report within the jurisdiction of Bhatpara Municipality from
1st January, 2012 till date? Please furnish the details of such illegal construction that was reported ?
dit4s14-0:-ecia9
-7 - 4
13. What Municipality
construction
jurisdiction ?
steps did Bhatpara take against such illegal
within its territorial
14. Is there any law or procedure
whereby a .Licensed Building Surveyor
(LBS) licensed to practice as Licensed
Building Surveyor (LBS) may be
suspended or permanently terminated ?
15. .Is there any . Licensed Building
Surveyor (LES) whose license to practice
as Licensed Building Surveyor (LBS) has
been suspended or permanently terminated? If so please furnish the details.
16. Is there any penal provisions' against
Licensed Building Surveyor (LBS) for
sanctioning illegal construction? • If so
please furnish the details.
17. How many completion certificate or fitness certificate of any building
constructed within the territorial
jurisdiction of Bhatpara Municipality has been'issued ?
18. Does an owner of an already existing
building have to take prior sanction •
through Licensed Building Surveyol• (LBS)
for starting a fresh construction on the
existing structure ?
atileafiren
5
19. It the answer to query on 18 is "Yes" then what kind of certificate is issued for such construction ?
20. Is there any complaint registereql by Bhatpara Municipality against Licensed.
Building Surveyor (LBS) or owner of an existing building structure where illegal construction took place? Please furnish the details of such illegal construction on
already existing building.
21. What steps did Bhatpara
Municipality took against such illegal construction as enquired in query No.20?
To the best of my knowledge, the information sought does not fall
within restriction contained in Section 8 Sr 9 of the Act and it
pertains to your office/ department.
This is to certify that I, Biplab Kumar Chowdhury Son of Late B&endra
Nath Chowdhury, am citizen of India.
The necessary Indian Postal Order/Court Fees of Rs.10/- has been affixed
herewith.
Place : Birati, Kolkata - 700051. Date : 30.06.2015.
ail-Mo 0
rt coell 4;i40.0-
Signature of the Applicant
_ BIPLAB KUIVIAR CHOWDHURY 108, M.B. Road, Purbita, Sukanta Sarani, P.S. - Airport, Birati, Kolkata-700051. Mob: 9830023486.
d
[Address: in, West Ofrashpara Rood. PqNAS•thinnati Zinn& 24 paripm..., Partii.74114 lad li Ph: 2581-2082, 2581-9515, 2581-9514. Fax 2581-1318. Email: bhat Onvahoo.com
bhatoaramunieloallyeamall.corn
NOTE — SHEET Dept P.W.D. (Building) Date: 23/07/2015
Order F o The S. P P.O.
Bhatpara Municipality
Information sought by Biblab Kumar Chowdhury under R71 Act,2005
1. Does Bhatpara Municipality have any criteria for competence assessment of licensed Building Surveyor (LBS)?
Ans: Yes as per provisions of The West Bengal Municipal Building Rules 2007.
2. What are the work load or work criteria of each Licensed Building Surveyor (Las)?
Ans: There is no such criteria in The West Bengal Municipal Building Rules 2007.
3. Please supply the list of current Licensed Building Surveyor (LBS) appointed
/empanelled by Bhatpara Municipality till date along with their qualification and experience details.
Ans:
4. Are the listed Licensed Building Surveyor (LBS) graded according to their experience? If so please supply the details of Licensed Building Surveyor LBS) as per their grades recorded with Bhatpara Municipality?
Ans No, the enlistment certificate of Licensed Building Surveyors (LBS) are not graded according to their experience.
5. Is the authority or the body of persons in Bhatpara Municipality empowered under the status to empanel or appoint or give license to Licensed Building Surveyor (LBS) to practice as Licensed Building Surveyor (LBS)?
Ans: Yes.
6. What is the statute or law under which Licensed Building Surveyor (LH) is empanelled or appointed or given license to practice as LBS by Bhatpara Municipality?
Ans: As per U/S 15 of The West Bengal Municipal Building Rules 2007.
_go -
If the answer to query no.1 is "yes" then please supply thedetails of procedure followed by Bhatpara Municipality for LBS's competence assessment?
Ans: LBS have to apply for practicing in this municipality by submitting an
application form for provisional certificate quoting their qualification and experience. After thorough scrutinizing they
are issued provisional certificate for enlistment as LBS in this municipality.
8,9,10 and 11-Please furnish details of each building constructed or sanctioned for construction from 154 January,2012 within the jurisdiction of
Bhatpara Municipality and also furnished the details of the Licensed Building Surveyor (LOS) who has sanctioned the plan.
Ans: 3321 Nos building plan has been sanctioned from J.s' January 2012,
12. How many illegl building construction was report within the j of Bhatpara Municipality from 1st
January 2012 till date? Please furnish theurisdiction
details of
i
such illegal construction that was reported? Ans: Total Nos-270
13. What steps did Bhatpara Municipality take against such illegal construction within its territorial jurisdiction?
Ans: Bhatpara municipality has taken steps against illegal construction as per
provision U/5-220 of The West Bengal Municipal Act 1993.
14. Is there any law or procedure whereby a Licensed Building Surveyor (LBS) licensed to practice as Licensed I ing Surveyor (LBS) may be suspended or permanently terminated?
Ans: As per Building Rules 2007 read with the West Bengal Municipal Act II 1993(Arnended) vide U/S-16(K-ii)
15. Is there any Licensed Building Surveyor (LBS) whose license to practice as Licensed. Building Surveyor (LBS) has been suspended or permanently
terminated? If so please furnish the detai/s. 1 Ans: No
16. Is there any penal provisions against Licensed Building Surveyor (LBS)
for sanctioning illegal construction? If so please furnish the details. Ans: No
17.
_go -
If the answer to query no.1 is "yes" then please supply thedetails of procedure followed by Bhatpara Municipality for LBS's competence assessment?
Ans: LBS have to apply for practicing in this municipality by submitting an
application form for provisional certificate quoting their qualification and experience. After thorough scrutinizing they
are issued provisional certificate for enlistment as LBS in this municipality.
8,9,10 and 11-Please furnish details of each building constructed or sanctioned for construction from 154 January,2012 within the jurisdiction of
Bhatpara Municipality and also furnished the details of the Licensed Building Surveyor (LOS) who has sanctioned the plan.
Ans: 3321 Nos building plan has been sanctioned from J.s' January 2012,
12. How many illegl building construction was report within the j of Bhatpara Municipality from 1st
January 2012 till date? Please furnish theurisdiction
details of
i
such illegal construction that was reported? Ans: Total Nos-270
13. What steps did Bhatpara Municipality take against such illegal construction within its territorial jurisdiction?
Ans: Bhatpara municipality has taken steps against illegal construction as per
provision U/5-220 of The West Bengal Municipal Act 1993.
14. Is there any law or procedure whereby a Licensed Building Surveyor (LBS) licensed to practice as Licensed I ing Surveyor (LBS) may be suspended or permanently terminated?
Ans: As per Building Rules 2007 read with the West Bengal Municipal Act II 1993(Arnended) vide U/S-16(K-ii)
15. Is there any Licensed Building Surveyor (LBS) whose license to practice as Licensed. Building Surveyor (LBS) has been suspended or permanently
terminated? If so please furnish the detai/s. 1 Ans: No
16. Is there any penal provisions against Licensed Building Surveyor (LBS)
for sanctioning illegal construction? If so please furnish the details. Ans: No
How many completion certificate or fitness certificate of any building
Ansi Time limit required to be mentioned.
18. Does an owner of an already existing building have to take
sanction through Licensed Building Surveyor (LBS) for starting a fresh construction on the existing structure?
Ans: yes, as per provisions of The West Bengal Municipal Building Rules 2007
-
19. If the answer to query on 18 is "yes" then what kind of certificate is issued for such construction?
Ans: Varies case to case as per provisions of The West Bengal Municipal Building Rules 2007.
20, Is there any complaint registered by Bhatpara Municipality against
Licensed Building Surveyor (LBS) or owner of an existing building
structure where illegal construction took place? Please furnish the details of such illegal construction on already existing building,
Ans: Time limit required to be mentioned.
21. What steps did Bhatpara Municipality construction as enquired in query no-20?
Ans: Steps taken as per West Bengal Municipal Act
took against such illegal
1993 case to case basis
Assistant Engineer
Bhatpara Municipality
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Awyboetaze- P-5- NORTH DUM DUM MUNICIPALITY
163, M. B. ROAD, BIRATI, KOLICATA 7000$1 PHONE: (033) 2514 - 2101 / 2514 - 2494, FAX - (033) 2514 - 2990
WebsIte: http://www.northdumnummunIcIpality.org E-mail ID: oddmboc@bsnLin
Memo No. NDOM/LICENSE/2438 Date: 29/07/2015
TO SRI BIPLAB KUMAR CHOWDIRJRY
Sub: Application under section 6(1) of the RTI Act.2005
Ref :- Your Application dated a01/07/2015. Dear Sir,
You are aware that we have 61 nos. of LBS and details of LBS have already been sent to you along 147
I h Memo No.NDDM/LICENSE/ 11954 Dt-22/06/15 such as their 1)Name 2)Name of Firm 3)Office Address 4)Class etc.
We are at present not in a position to supply of all relevant paper and documentary evidence in respect of the Enlistment of the LBS, since the LBS as engaged are working since long.
Se-0 ifrr (Sanjib Kr.Dey)
State Public Information Officer of License Deptt.
North Dum. Dum Municipality Copy forwarded for information to:-
1. Executive Officer Sr Appellate Authority, North Dum Dum Municipality. 2. Assistant State Public information officer.
(Sanjib Kr.bey) State Public Information Officer of License Deptt.
North Dum Dum Municipality
Z3 .. 0UM 44,4 thefeXWICP• P'f•-• 6 ',6*"...7#1' (79 . c, 4. 4, # e * 0 NORTH DUM DUM MUNICIPALITY ..... a. 163, M.B.ROAD, BIRATI, KOLKATA - 700051
0 C •.. PHONE: (033) 2514 - 2101 / 2514 - 2494, FAX - (033) 2514 - 2990 v. lire Website: http://www.northdumdummunicipality.org
E-mail ID: nddmbocQbsnl.in
Men1e No. NDDM/PWD/RTI/ 5353 Dated : 29.10.2015
vSiti Biplab Kumar Chowdhury Sap Late Birendra Nath Chowdhury 108, M. B. Road, Purbita. Sukanta Sarani, Birati, Kolkata — 700051
Sub : Application U/s 6(1) of the RTI Act, 2015.
Sir,
Your application dated 08.09.2015 under RTI Act' 2005 has been gone through. The point wise reply for the following from the SPIO, PWD, has been furnished for your information:-
I SI No Reply 4.
A three storied residential building has been sanctioned by the Municipality n the name of Smt. Mitali Moitra.
No Commercial Building has been sanctioned on the Holding No.77, Sukanta Sarani in Ward No.18. (c) No Commercial Building has beei auctioned on the Holding hc.,7, Sukanta Sarani in Ward No.18.
(f)
(8) Sukanta Sarani in Ward No. [8. No Commercial Building has been sanctioned on the Holding No.77,
been sanctioned on the Holding No.77, Sukanta Sarani in Ward No.18. On deposit of requisite fees of the information will be given to the applicant.
Yours faithfully,
SPIO,,1 WD North Dam Dum Municipality
Memo No. NDDmiPwpiRm 3 3S-3(9 Dated : 29.10.2015 Copy forwarded for information to I. The Executive Officer, NDDM 2. Sri Bishnu Charan Hira, Draftsman, NDDM— To file.
No Commercial Building has been sanctioned on the Holding No.77, Sukanta Sarani in Ward No.18.
No Commercial Building has been sanctioned on the Holding No.77, Sukanta Sarani in Ward No.18.
SPIO, PWD North Dum Dum Municipality
Ref : Sri Biplab Kumar ChowdAry„ appficiition dated 08.09.2015 received by this office on 11.09.2015 and receivedthelindersigned on 30.09.2015 .
Item No. (a)
(b)
(d)
(h) No Commercial Building has
Thanking you,
To The State Public Information Officer and Assistant Engineer, P.W.D. Department, Under Right to Information Act, 2005 of The North Dum Dum Municipality, 163 M.B. Road Birati Kolkata - 700051.
Dated : 13.11.2015
Si Suldest.
Reference •
Proper information and record under Right to Information Act, 2005.
Memo No.NDDM/PWD/RTV3353 dated 29.10.2015.
With reference to the above mentioned subject I like to inform that Nair
you had not provide proper information regarding commercial building at Holding No.77, Ward No.18, under Dag No.235, Mouza -
Gouripur, Sukanta Sarani, Police Station - Airport, Post Office - Birati, Kolkata - 700051 agaisnt my application dated 08.09:2015 under Right to
Information Act, 2005, due to malafide intention and vested interest, which
is agaisnt violation of the Right to Information Act, 2005 and as well as agaisnt public interest too.
Under this circumstances, I would request to you kindly give the detail information and relevant record and documentary evidence duly
sign and stamp by the concerned authority accordingly agaisnt my
application dated 08.09.2015 under the Right to Information Act, 2005. In this connection I also like to inform you that you had not send proper
assessment regarding amount of payment for supply of the record to you accordingly under the said Act.
Thanking you,
Yours faithfully, acieraiennene
(Biplab Kiunar Chowdhury) 108, M.B. Road, Purbita, Sukanta Sarani, Birafi,
Kolkata - 700051.
To
The State Public Information Officer and Office Superintendent, North Dum Own Municipality, under Right to Information Act, 2005, 163, M.B. Road, Birati, Kolkata - 700051.
Sua Application under Section 6(1) of the Right to Information Act 2005.
Name of the Applicant : Biplab Kumar Chowdhury
Son of Late 13irendra Nath Chowcihury.
2. Address 108, M.B. Road, Purbita, Sukanta Sarani Birati, Kolkata - 700051.
3. I.D. No.
Date • 08.09.2015
4. Information sought for Please supply me the following information and record under Right to Information Act, 2005. The necessary
cost will be paid according to your requirement towards the said Act.
a) Please supply me the detailed
information as to whether Srat Mitali Moitra, wife of Shri Dhaninjoy Moitra,
owner of holding No.77, Sukanta Sarani,
Ward No.18, Dag No.253, Mouza -
Gouripur, Police Station - Anport,
Birati, Kolkata - 700051 had/had not
Q24eldire"
-2C- 2
made Conunercial Building with Mr.
Gupi Nath Saha in joint venture at above mentioned address/location.
b) Please supply me the detailed
information regarding total nos. of floors, total nos. of flats and garage, total covered and uncovered area of the said
Commercial Building at Holding No.77, Sulcant Sarani at Dag No.253, Mouza -
Gouripur, Ward No.18, Police Station -Airport.
c) Please supply me the detailed
information regarding the name and
style of developer/promoter of the said Commercial Building made in joint venture in between Smt. Mitali Moitra
and Shri Gopinath Saha at holding
No.77, Sukanta Sarani, Dag No.253,
Mouza - Gouripur, Ward. No.18, Police Station - Airport, Birati, Kolkata - 700051.
d) Please supply me the detailed
information regarding name, address, qualification and experience (before the
Enlistment to Municipal) category of the
L.B.S. of the said Commercial Building
-27 a
at holding No.77, Sukanta Sarani, Dag No.235, Mouza - Couripur, Ward
No.18, Police Station - Airport, Birati„ Kolkata - 700051.
e) Please supply me the detailed
information regarding the date of
mutation of the said Holding No.77,
Sukanta Sarani, Dag No.253, Mouza -
Gouripur, Ward No.18, Police Station -
Airport Birati, Kolkata - 700051 in
favour of Smt Mitali Moitra, wife of Dhananjoy Moitra.
f) Please supply me the detailed
information regarding date of approval
of the sanction plan and date of issue
the completion certificate by the
Municipality in favour of the said
Commercial Building at Holding No.77,
Sukanta Sarani, Dag No.253, Mouza -
Gouripur, Ward No.18, Police Station -Airport, Birati, Kolkata - 700051.
g) Please supply me the detailed
information as to whether the Municipal
Authority had/had not taken any
steps/legal proceedings against the illegal construction beyond the sanction
plan to the said Commercial Building at
Qe44(keeitan
4
Holding No.77, Sukanta Sarani, Dag
No.253, Mouza - Gouripur, Ward No.18, Police Station - Airport, Birati, Kolkata - 700051.
h) Please supply me the detailed
information as to whether the municipal authority had/had not taken any
steps/legal proceedings against gross violation towards poluatation in the said locality (through the said illegal Commercial Building) at Holding No.77, Sukanta Sarant Dag No.253,
Mouza - Gouripur, Ward No.18, Police
Station - Airport, Birati, Kolkata '- 700051.
i) Please supply me the detailed
information that whether the Municipal Authority had/had not made mutation
towards the illegal construction at
77, Sukanta Saran', Dag No.253,
Gouripur Mouza, Birati, Kolicata -
700051 according to the Building Rule, 2007.
Please supply me the detailed
information as to whether the Municipal
Authority had/had not received
application for mutation front the owner
,249aelleriran CSP7
5
of the flats, garage, shops, conunercial
space made by illegal construction
beyond the sanction plan from Ground Floor to 2nd Floor at 77, Sulcartta Sarant. Kolkata - 700051.
5. To the best of my knowledge, the information sought does not fall
within the restriction contained section 8 and 9 of the said Act and pertains to your office/department.
This is to certify that, I Sri Biplab Kumar Chowdhury:, son of Late Birendra
Nath Chowdhury, is a citizen of India.
The necessary Instiaprpastai.ertieficourt Fees of Rs.10/- has been affixed
herewith.
Place : Birati, Kolkata
Dated : 08.09.2015.
Signature of the applicant
(11428_,Caj.4.ormaz
(Biplab Kumar Chowdhury) 108, M.B. Road, Purbita, Sukanta Saran", Birati, Kolkata - 700051, Mob No. 9830023486.
Executive Oft/ter North Dum burn Municipality
R. N. Cheicraborty WBSS
Executi Officer North Dom Dun Municipality
_so - Anic)tertc- M DIUM MUIVICIPALITY
fOOLKATA 10,80,1 2101 / "S u4 -2494, FAX - COBS) 1394 - 2990 tv+tvsv
motthdit/Mviumm unietpaitty.org •D: michnivoe@bsni.in
Mem() Ni®, 18StslESTT/14377
To ' Dated,Kotlkets the 16th illne,2 01S The. nspeetebiehrge Malta Pollee *Oka, Birati,Kolicata-7013051,
Sir,
Such : Missing of Some Papers train the °Mee of
this Municipality.
This is for your kind information that,one Shri 13.
let MrliivRoadaefabageejlitivati,Koliketa Kumar Chowdhury residing at Chile Minister, Govt of West Ben ltte &fret-out applications to the
Hon 'ole Affairs,Govt of West Bengal, thtct -1ncharge,Dopartmen of Municipal getting some
gal,
in ,Chairman of this Municipality for application under RTI Act,20 ty oreafter he submitted several is found that, the following pap unt¢i
don of reply of applications it
onn ct r somehow misplaced. I) Application of Shri
2) Memo No I
MagitrateNorth 24 as. ],addressed to the District Secretary,M.A,Deptt M15/07/2011 of Deputy
3) Application of Shri dhu hairrnan of this Municipality. IVIinister-incharge,Dopa
11, addressed to the Hon'ble 4) Memo No u Mal Affair ,Go i est Bengal. • 0/CRO /0141,p ?hate! 18/043/2011 of Deputy Secretary,M.ADeptt,Govt of Watt raadfetab8
to the Chairman of this Municipality. 5)
Copy of memo no,NDDIWPWD/426, dated 12
.02.2013, of this Municipality addressed to Shri Biplab Kumar Chowdhury.
6)
Application of Shri Biplab Kumar Chowdhury dated 06/03/2013, addressed to the Hon'ble Chile Minister, Govt of West Bengal, 7)
Memo No 199/M.A/0/C-7/2P-22/2002, dated Kolkata the 16th Apri1,2013 of Deputy Secretary, M.A.Deptt, Govt of West Bengal addressed to the Chairman of this Municipality.
In order to get missing papers from Shri Chowsibury, this matter has to be diarIzed at your Police Station and the diary Number has to be given to Shri Chowdhu
kindly to diarize the matter and give us the diary number accordingly. ry, ',therefore, request you will be hi
In consideration of the Municipal interest in public services, ghly appreciated. your co-operation in the matter
,,,,b ,E, ND - tagl g dP - tki ° 6N 7 .
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1714 Irr SPIO/ Estt.
North Dum Duro Municipality
163, M.B.ROAD, BIRAT1, KOLKATA —700051 PHONE: (033) 2514 - 2101 / 2514 - 2494, FAX — (033) 2514,- 2990
Website: littp://www.northdumdummunicipal ty.org E-mail ID: ncicimboc@bsnl.in
Memo No. NDDM 111 II/ ? 0 2—
Sri Biplab Kumar Chowdhary 108. M.B. Road PURBITA p.o. Birati Kolkata-700051,
Ref:- G.D. No. 1208 dated 16/06/2015!
Sir,
according!). With re ference to your letter dated o,s/Ay2q1.
5,aD,. was done
You are earnestly requested to kindly arrange the copies of the letters accordingly.
.79/ -
NORTH DUM BUM MUNICIPALITY
Dated.17/06/2015
Thanking you,
Coov forded founformation lease :- 1. E.O. & Appellate Authority , NDDM. 2. SPIO, PWD, NDDM.
SPICY '7/ 411
North Dum Dum. Municipality
4
" 5, 41 0,
flirr11,4 , L , ,y i5, - ' 1.
:IC I br
d.1.161 rrf
NORTH DUM DUM MUNICIPALITY 163, M.B.ROAD, BIRATI, KOLICATA 700051
PHONE: (033) 2514 2101 / 2514 — 0796 / 0798, FAX — (033) 251';4- 2990 Website: http://www.northdumdummunicipality.org
E-mail ID: nddmboe@bsnl.in
Memo No. NDDM/ PTV I 6 3 To Smt. Mun Mutt Choudhury 108, M.B. Road, Purbita, Sukanta Sarani P.S. — Airport, Birati, Kolkata — 700051.
pate :!.iiiq6Asoi 5•
Ref: RTI application dated 26/06/2013.
Madam,
With reference to your application made under Section 64) of the gi to Information Act, 2005, the following informations so far available, paragraph wise as !deal ed by you, after collecting the documents / informations from Sri Biplahliphounqury arArespective P.W.Deptt. accordingly.
i) The information sought for by you regarding tho oxaMitred ./ .rovieWed investigation against threatening, over powering and misbehaVing/40 0, 7/11014 4n by the Municipal Authorities in the year 2001-2002, it appears that thernidel xplitecOrftlin writing but your contention has been reviewed / examined and no fruitful information was received from the concerned Deptt. , we regret for our inability to furnish/any information iin this regard, however we are sorry for such incident. It also appears font record:that overall enquiry into all the allegations was not properly conducted and. Vos..46,ne most probably in the cryptic and hasty manner. Therefore, the information flirhilhelplyalongwith Memo No. NDDM,/ PWD / 488 dated 18/02/2013 was product' •,)1? (*sty eriqViry as it appears from the prevalent records maintained by this Municipality.'
rr ii) The information sought for by you regarding the resulF Yf enquiry, whichwas made against letter no. 200/MA/0- /C-7/2P-22/2002 dated 1@(Q4/2013 Shree A.N. Sardar, Deputy Secretary to the Government of West qeripl to the Municipal Authority regarding complaint dated 06/03/2013 concerning jugglery, misutilixation of power and personal grudge of the then Chairman, it appears f;w ;word ;bat, the informations available in the office of the North Dum Dum fg5ucip&lily 4s Confusing and not very clear and specific and we,therefore do not wish ta, Ja4araly ao*ineat On this issue.
iii) As regards, the infomnation sought for by you regarding the illegal construction made with / without informing this Municipality vide ydur letter dated
26/06/2013 and communicated in NDDM/PWD/488 dated
18/02/2013 of this. Municipality,it appears from the records maintained by the Municipality that the first and the second floor of the
premises in question being premises No. 3/11, Mahajati Nagar, able o Kolkata - 51 has been constructed without any Sanctioned plan. Moreover, inspite of
several reminders given to Sri Bidyut Kr. Chowdhury, he has not been able to furnish a copy of the sanctioned plan in respect of the first and second floor. As such, upon careful examination of the Municipal records, it appears that the constructions carried out in the I s' and 21'd
floor of the premises in question is totally unauthorized, and illegal, in
consideration of the non-submission of sanctioned building plan.
iv) The information sought for by you regarding the non-performance of the Municipal Authorities to protect pollution, it appears from records that steps are being taken by the MunicipalitS, and the protection against pollution is under process, So far the illegal construction made by Sree Guist nath'Saha at Puri
Process.
Stakantra Swain Ward No. 18,, is concerned, the Municipality has enquired into the issue and after thorough enqUiry, it has been found that, there exist illegal construction in the premises owned and occupied by Sree Gupi nath Saha at Purbita, Sukanta Saran] and no steps have been taken by the Municipality till date. The name of the land owner Ls S
tmt. Mitali Maitre, ..W/o Shri Dhanajoy Maitre and land is situated at Dag No. 253, is Gogripur.
Yours faithfully, . ,
sp.10PP Deplt.„ -
Copy forwarded for information and necessary action plcasa
Sri Biplab Kr. Chowdhury, 108 M.B. Rd. P.O. -Liar 2. The Law Officer & Joint Registrar West Bengal Information Commjssion Khacb a Bhawan, I I A, Mirza Galib Street. 524 4 Kolkata - 7
00087. (Ref No. NDDM / RTI / 1817atiatsa 3. AA & E.0„ NDDM.
4 's14'11L.. ✓ . att, porn iMtinitiostlity
-
NORTH DUM DUM MUNICIPALITY 163, M.B.ROAD, BIRAT1, KOLHATA - 700051
PHONE: (033)2514 - 2101 /2514 — 0796 / 0798, FAX — (033)2514 - 2990 Website:
ttp://www.northdumdummunicipality.org E-mail ID: addmboc@bsatin
Memo No. NDDM/(RT1)/ l8O0
To Date: 09/06/2015
The Incharge P.W.Deptt. North Dum burn Municipality
Sir, Sub : Application of Sri Biplab
Chowdhury under RTI Act 2005.
This is for your kind information that Shri Biplab Chowdhury wanted some information under RTI Act 2005 in his letters dated 06/03/2011, 3 1/05/2011 anti Q6/03/2013. The information were relating to the matters contained in C.O. No.s (1) 153/MA/0/er7/213-22/0/2 dated
05/07/2011 (2) 210/1(2)/MA/0/C-7/2P-22/2002 dated
18/08/2011 and (3) 199/MA/CEC-7/2P-22/02 dated 18/08/2011. These papers i.e., the three letters and three Govt. orders are not available in this Dept. But Shri
Chowdhury is pressing very hard for information. All these information are related to your Deptt.
We have requested Sri Chowdhury to give us copies of the saidpapers. In reply he said he can give those papers only when the matter is diarized in local Police. Station and on receipt of a copy of diary is given.
In such circumstances, I request you kindly to look into the matter and see whether these
matter in Nimta P.S. and given us a copy of the diary.
papers are
available in your Deptt. and if those are not available in your Dept. please diarize the
Enclosed : Xerox Copy of Sri Choudhury's
letter dated 08/06/2015
Co forwarded for information and necessat action to the
1. Executive Officer and Appellate Authority North Dum Dum ality Birati, Kolkata — 700051.
Municip
2. Sri Biplab Ch§oudhury 108, M.B. Rd, Purbita Kolkata — 700051.
YiLK— sno iEstaGlis ment9 North Du tn, Dom Mbrdelpality
Youis faithfully,
SPIO / Est0blis, m n q
North Duna EtuttiMunicipality
<95-
NORTH DUM DUM MUNICIPALITY 163, M.B.ROAD, BIRAT1, KOLKATA - 700051
PHONE: (033) 2514 2101 /2514 - 2494, FAX- (033) 2514 - 2990 Website: http://www.northdumdummunicipality.org
E-mail ID: nddmiam_lun Memo No. NDDM/RTI/ go9
Dated :10.06.2015
Sub : Application of Sri Biplab Chowdhury under RTI Act, 2005.
Ref : Your Memo No.NDDM/(RTI)/1800 dated 09.06.2015 received by the under signed on 10.06.2015.
Sir,
In reference to the al\ be able to process the maPter on
I. The of the sad
cpy letter bY of the Mo
th is d ester of the leap. showing the receipt rpatihe nt, 2. The name of the personsw0Maqually:received the same.
To
The S.P.I.O., Establishment Department, North aim Dum Municipality Birati, Kolkata-51
end the undersigned will
Dated :10.06.2015
.SPIO, PWD, North Dum Dum Municipality
Memo No. NDDM/RTI/809(.2)
Copy forwarded for information and necessary action to :-
1. The Executive Officer, Appellate Authority, NDDM Sri Biplab Chowdhury, 108, M.B. Road, Purbita, Kolkata — 700051.
ir> SPIO, PWD,
North Dum Dum Municipality
-9‘ - NORTH DUNI DUM MUNICIPALITY
163, IS4.11.ROAD, BlFtATI, KOLKATA - 700051 PHONE: (033)2514 - 2101 /2514.2494, FAX- (033)2514 - 2990
Website: bttp://www.nortbdumdummunicipality.org OTO • We E-mail ID: addmboc@bstkLia
Memo No. NDDM/RTI/56
To Mr. Ra 1 Ka ar C/o Anir hatterjee --r , Advocate Bar Association Room•No.2 High Court at Kolkata.
Dated :05/12/2014
Re : WPCRC No. 275(W) of 2014 WP No. 29511(W) of 2013, Smt. Mun Mun Chowdhury. — Petitioner
Vs. The State of West Bengal & others — Respondents.
Sub : Disposal of application under Section 6 of the RTI Act 2005.
Ref : Your letter dated 28/10/2014.
Sir, Thanks for your letter dated 28/10/2014 wherein you have wanted the information
vide letter dated June 26,2013 of Smt. Mun Mun Chowdhury, was placed,to the Chairman opinion of the ChairmaniLaw Officer is/the matter is related with P.W. Deptt.
In this respect I beg to let you know that the matter was sent to concerned P.W. Deptt. for reply. They have sent only few document as action taken report which are enclosed for your information.
In this connection it may be earnestly requested you that, the letters of Mr. Biplab Kumar Chowdhury dated 31/05/2011 & 0/03/2013 which are not available in the file now. It would be appreciated if your goodself kindly provide us xerox copies of those for this office.
In fine I am to inform you that the Authority has now selected new SPIO and released me.
Thanking You.
Enclosed : 4(four)
Yours faithfully,
Office Superintendent North Dum Dum Municipality.
LIILDIR) <700O31) tat471145 q9251.1.4 .0P-Cale:SICT
ATT,M.PAIGICI MEW AE!. PIN0351.01. YR HOMY Ktw000si
. 26/0512015. 15134 .5.001IDD(If riot a kaiday):00:00:00
rienviscpayee—t 8
To
The State Public Information Officer and Office Superintendent, The Jalpaiguri Municipality; 1394, M.G. Road, P.O. - Jalpaiguri, Jalpaiguri - 735101.
Date 18.05.2015
Dear Sir,
Subject : 2005.ARRlicsz_i under Section 6 1 of the Ri 1,gut tc__LIL__,Ifortnatiakcl
Name of the Applicant : BIPLAB KUMAR CHOWDETURY
2. Address
3. I.D. No.
Son Late Birendranath Chowcihury.
108, MB Road, Purbita, Sukanta Sarani, Police
Station - Alipore, Birati, Kolkata - 700051.
4. Information Sought Please supply me the following informations
and record under Right to Information
Act, 2005, The Necessary Cost will be paid
according to your requirement as per the said Act
(A) Please supply me the information in
details of the Enlisted promoters/developers
with Date of 'Enlistment at the Corpodtion /Municipality individually.
(B) Please supply me the detailed -
information regarding registration/enrolment
enttisit COUNTERFOIL
abed Oltk OM I To be detached and kept
by the Sender
2.90110/12: tRWSRIT
-r nq 10 . 00 R s POSTAL ORDER
• ft* arm %TN To Whom movable ._. erc4teitildfrift eleffircel51.
Rm t1OT N At who Office ................ 1/11110 ftl Whether emceed—.._._._._--_
asO /1**1 sant ................... .
11F 936343
2
/Iicencee number of the Service Tax, TDS, PAN, VAT, CST,
Labour Licencee, Bankers Name and other documentary evidence of
the promoters and developer individually of
the Corporation/Municipal Authority accordingly.
(C) Please supply me the detailed
information individually regarding payment
/depositing of CESS to the State Government
to continue construction work by the
prompters and developers from the year 2007
- 2008 b 2014 - 2015 individually of
the Corporation/Municipal Authority accordingly.
(D) Please supply me the detailed
information of the promoters and developers,
whose are not yet been submit the relevant
papers and documentary evidence like,
service tax, labour licence, VAT C.S.T., PAN,
Bank details, T.D.S. and other required
document according to the real estate
business norms at the time of enlistment and
running business at the jurisdiction of the
Municipality/Corporation accordingly.
(E) Please supply me the detailed
information individually of the promoters
and developers, whose are failed to obtain
necessary complication certificate for
deviation in construction from the sanctioned
3
building plan from the enlistment to up-to-
date in the Corporation/Municipality jurisdiction.
(F) Please supply me the detailed
information individually of the promoters
and developers regarding deduction of
security and earnest money deposit for
deviation in construction from the
sanctioned building plan from the
enlistment to up-to-date of the Corporation/ Municipality.
(G) Please supply me the detailed
information regarding collection from the year 2
0(17-2008 to 2014 - 2015 against
deducted of security and earnest money
deposit for deviation in construction from the
sanctioned building plan of the promoters
and developers of the Corporation/
Municipality accordingly.
(1-1) Please supply me the detailed
information that how many complain/F.I.R. /
Legal proceeding had/had !sot made against
the promoters and developers for deviation,
encroaclunent and violation of the order of
the lionrble Court of the Corporation/
Municipal authority. •
(I) Please supply me the detailed
information individually yearwise from 2007
° 4
- 2008 to 2014 - 2015 of the promoters and
developers of the Corporation/Municipality
whose are had/had not submitted the
necessary Clearance Certificate duly sign and
verified from the West Bengal Pollution
Control Board, Commercial Tax Deptt.,
Service Tax Depth, Income Tax Deptt., Fire
Deptt., Irrigation Deptt., Land and Land
Reforms Deptt., Forest Deptt., Labour Deptt.,
Industrial Deptt., if required at the time of
obtain necessary completion certificate from
the Corporation/Municipality in favor of the
Building project accordingly.
(J) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 of the promoters and
developers of the Corporation/Municipality
whose are had/had not submitted the
necessary Clearance Certificate duly sign and
verified from the West Bengal State Electricity
Distribution Company Limited and Calcutta
Electricity Supply Limited regarding
installation of underground high tension
electric line to continue the construction of
building according to the Building Rule, 2007
at the time of approval of the Building Plan
accordingly.
(K) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 20Th of the promoters and.
developers of the Corporafion/Municipality
whose are had/had not submitted the
necessary Clearance Certificate duly sign and
verified from the West Bengal State Electricity
Distribution Company Limited and C.E.S.C.
Ltd. at the time of obtaining the completion
certificate in favour of the building
accordingly.
(L) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 regarding successful
promoters and developers whose are
regularly submitted relevant papers and
documentary evidence timely and properly at
the time of submission building plan and at
the time of obtaining completion certificate
with the underground High Tension Electric
Line according to Building Rule, 2007. Please
also conform that whether the said promoters •
and developers had/had not received the
Security and Earnest Money deposit from the
Corpora non/ Municipality as on date accordingly,
(M) Please supply me the detailed
information that whether the Municipality
had/had not taken any steps/action/
proceedings against the enlistee L.B.S. for
deviation in construction from the
sanctioned building plan due to stopped
necessary mutation fro non-availability of the
J 0 2--
6
completion certificate for the above deviation
in the Corporation/Municipal jurisdiction.
(N) Please supply me the information in
details of the Enlisted works contractor with
Pate . of Enlistment at the Corporation/
Municipality individually.
(0) Please supply me the detailed
information regarding registration/enrolment
/licencee number of the Service Tax, TDS,
PAN, VAT, CST, Labour Licencee, Bankers
Name and other documentary evidence
of the works contractor individually of
the Corporation/Municipal Authority accordingly.
(P) Please supply me the detailed information individually regarding pa
yment/depositing of CESS to the State
Government to continue construction work
by the works contractor from the year 2007
- 2008 to 2014 - 2015 individually of
the Corporation/Municipal Authority accordingly.
(Q) Please supply me the detailed
information of the works contractor, whose
are not yet been submit the relevant papers
and documentary evidence like, service tax,
labour licence, VAT C.S.T., PAN, Bank details,
T.D.S. and other required document
!03 -
according to the real estate business norms at
the time of enlistment and running business at the jurisdiction of
the Municipality/ Corporation accordingly.
(R) Please supply me the detailed information individually of the works
contractor, whose are failed to obtain
necessary complication certificate for
deviation in construction from the sanctioned
building plan from the enlistment to
up-to-date in the Corporation/Municipal jurisdiction.
(S) Please supply me the detailed
information individually of the works
contractor regarding deduction of security and
earnest money deposit for deviation in
construction from the sanctioned building
plan from the enlistment t6 up-to-date of the
corporation/Mimic/pal Authority.
(T) Please supply me the detailed
information regarding collection from the
year 2007-200E3 to 2014 - 2015 against
deducted of security and earnest money
deposit for deviation in construction from the
sanctioned building plan of the ;:tvor4
contractor of the Corporation/Municipal authority.
0,4
(LT) Please supply me the detailed
information that how many complain/F.I.R./
Legal proceeding had/had not made against
the works contractor out of works contractor
for deviation, encroachment and violation of
the order of the flonible Court of the
Corporation/ Municipal Authority.•
(V) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 of the works contractor
of the Corporation/Municipality whose are
had/had not submitted the necessary
Clearance Certificate duly sign and verified
from the West Bengal Pollution Control
Board, Commercial Tax Deptt., Service Tax
Deptt., Income Tax Deptt., Fire Depth,
Irrigation Deptt., Land and Land Reforms
Deptt., Forest Deptt., Labour Denny
Industrial Depth, if required at the time of
obtain necessary completion certificate from
the Corporation/Municipality in favor of the
Building project
(W) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 of the works contractor
of the Corporation/Municipality whose are
had/had not submitted the necessary
Clearance Certificate duly sign and verified
from the West Bengal State Electricity
-105
9
Distribution Company Limited. and Calcutta
Electricity Supply Limited• regarding
installation of underground high tension
electric line to continue the construction of building according to the Building Rule, 2007
at the time of approval of the Building Plan.
(X) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 of the works contractor
of the Corporation/Municipality 'whose are
had/had not submitted the necessary
Clearance Certificate duly sign and verified
from the West Bengal State Electricity
Distribution Company Limited and C.E.S.C.
Ltd. at the time of obtaining the completion
certificate in favour of the building.
(Y) Please supply me the detailed
information individually yearwise from 2007
- 2008 to 2014 - 2015 regarding successful
works contractor whose are regularly
submitted relevant papers and documentary
evidence timely and properly at the time of
submission 'building plan and at the time of
obtaining completion certificate with the
underground High Tension Electric Line
according to Building Rule, 2007. Pleasealso • conform that whether the • said works
contractor had/had net received the Security
and Earnest Money deposit from the
—
I0
Corporation/Municipality as on date
accordingly.
detailed information that whether the Corpora hen/
Municipality had/had not taken any
steps/action/ proceedings against the ertlistee
L.B.S. for deviation in constriction frorn the
sanctioned building plan due to stopped
necessary mutation fro non-availability of the
completion certificate for the above deviation.
To the best of my knowledge, the
restriction contained in Section 8
office/department.
information sought does not fall within
& 9 of the Act and it pertains to your
'This is to certify tha't Biplab Kumar Chowdhury Son of Late B rendra Nath Chowdhury, am citizen of India.
The necessary Indian Postal Order/Getattt—Fees of Rs.10/- has been affixed herewitheacaiNF-,9,34.5#3,Peac12440-20
/50.2rtaatnk,114....v) penyaffieckeilk447-761("°/.
Signature of the AppliPleant 05/20/5
Place : Birati, Kolkata - 700051. Date : 18.05.2015. BIPLAB KUMAR CHOWDI-11.1RY
108,'M.B. Road, Purbita, Sukanta Sarani, P.S. - Airport, Birati, Kolkata-700051. Mob: 9830023486.
(Z) Please supply me the
- 0 7
ce Of The Municipal Councillors Jalpaiguri Municipality Office Phone : 03561 - 230050
Date 81. 141 2013—
To
Sri Biplab Kumar Chowdhury, S/o Late Birendranath Chowdhury , 108 , MB Road , Purbita Sukanta Sarani , PS Alipore Birati , Kolkata 700051 .
Dear Sir, In reference to your application under section 6(1) of the Right to information Act ,
2005 dt 18.05.2015 , which is being received by this office on 28.05.2015. I am furnishing below the informations as sought for.
A) There are no such Enlisted promoters / developers in the Jalpaiguri Municipality.
B) The question regarding registration / enrolment does not arise as the promoters developers are not enlisted.
C) The question regarding payment:/ depositing of CESS to the. State Govt. to continue construction work by the promoters and developers does' not arise as they are not enlisted in the Municipality.
D) The question regarding non submission of the relevant papers and documentary evidence like service tax , Labour licence etc. by the promoters / developers does not arise as they are not enlisted.
E) There is no such detailed information individually of the promoters and developers in the Municipality .
F) The question does not arise regarding deduction of security and earnest money deposit for deviation in construction from the sanctioned building plan of the promoters and developers as they are not enlisted in Jalpaiguri Municipality.
G) The question does not arise. B) The question does not arise. I). The question does not arise. J) The question does not arise. K) The question does not arise. L) The question does not arise. IVI) There is no such case in theJalpaiguri Municipality. N) For the present no such Enlisted works contractor in the Jalpaiguri Municipality as the system of e- tendering and open tendering has been introduced since 2013. 2) The question does not arise. Q) The question does not arise. R) The question does not arise. S) The question does not arise. T) The question does not arise. D) There is no such case in the Jalpaiguri Municipality.
Contd to page 2
Ho - 0,*
ce Of The Municipal CouncillOts Jalpaiguri Municipality Office Phone : 03561 - 230050
0 Date 201
V) The question does not arise.. Y The question does not arise. X) The question does not arise. Y) There is no such record in the Salpaiguri Municipality. Z) There is no such record in the Salpaiguri Municipahty.
Y urs faithfully ,
ant,. (Srabani San )
SPIT Jalpaiguri Municipality
e Inspector-In-Charge Posta Police Station Kolkata.70000k
Sub:
PECFIVED CON IL NYS NOT VFRIFIEa
POSTA P. S. trfdi
c - )05-
Date: 06.042016
i) Commission of offences, inter alia, under Sections 304, 308, 120B, 166 and 288 of the Penal Code by IVRCL and its Managing Director and other responsible officials, ICMDA officials responsible for supervision and Rajat Bakshi a sub-contractor, other sub-contractors and concerned engineers and workers responsible for the collapse of Vivekananda Road flyover.
Dear Sir/Madam,
L Biplab Chowdhury, son of Late Birendranath Chowdhury of Purbita, Kabi Sukanta Sarani, Airport Police Station, Kolkata-700051, would like to state as under:
1. I am a peace loving and law abiding citizen of India. 'I am a 56 years old family man and a social worker and an activist in respect of the Right to Information Act and I have been raising several issues of public importance over a considerable period of time.
2. I was highly perturbed when I heard and came to know from video footage telecast by various private channels and from various Newspaper reporting that on 31st March 2016 a section of the Vivekananda Road flyover had collapsed on Thursday afternoon killing 26 people and injuring several others.
Copies of such newspaper reporting and a compact disc containing the video footage as reported by various news channels are attached herewith and collectively marked with annexure "A".
3. On 31st March 2016, a section of the Vivekananda Road flyover came crashing down on Thursday afternoon on a busy street below killing the unfortunate 26 people and injuring several others. Night-long efforts were needed to clear the site and the army had to join hands in the rescue operation which saved around 67 lives.
4. As was further reported, the immediate cause of the accident was the crumbling pillar, Pier 40C, that led to the fatal crash. Structural experts who examined the site on Friday have prima facie concluded that the twin arm of the central pier 40 buckled owing to structural or material failure.
5. I also came to know from the newspaper reporting's that a murder case has been filed against IVRCL, the company responsible for the construction of the flyover, and that three mid-level officials of IVRCL have been arrested and five others were detained. Notice was also sent to the firm's CMD to join the probe. The First Information report was also lodged against some suppliers of construction material.
6. I would like to point out certain facts which I came to know from various sources and newspaper reporting's in the following paragraphs.
iseakte-an
7. Qne Rajat Bakshi, a relative of Jorasanko Trinamool MLA Smita Bakshi, and the owner of the firm Sandhyamani Projects was given the sub-contract for supplying iron, cement and labour for Vivekananda flyover. But neither he nor his firm nor its workers were specifically arraigned as accused.
8. The KMDA officials who were responsible for supervision of the project should have detected any defect in the structure, however safety and security measures seems to have been given a total go by.
9. That the pier contained a defective bolt was pointed out earlier to the concerned officials and engineers. But to utter disregard to human lives, an order was issued to device some make shift arrangements and as a result the defective bolt in question in Pier 40C was merely welded instead of being replaced and constructions were carried on. Obviously the make shift arrangement was insufficient and the ill-fated Pier 40 could not bear the weight of the platform above and collapsed.
10. Sticking to bask construction protocols could have saved the day. It is imperative that enquiry be made as to why this was not followed.
11. The busy and congested road was not shut during construction of the flyover. If the mad was shut then loss of so many human lives could have been averted.
12. It is obvious that construction was not going according to the sanctioned plan and the materials supplied for the construction were not up to the mark.
13. Also, it casts a serious doubt on the structural integrity of the remaining portion of the flyover.
14. The above acts were done with total disregard to life and materials of inferior quality were used in the construction and no proper guidelines were followed.
15. As it appears from the reporting's that no specific complaint has been lodged over such gruesome incident arraigning either the said Rajat Bakshi or his firm Sandhyamani Projects or its responsible officers and workers or against the responsible engineers, officers and workers of the KMDA upon whom the onus of supervision lay.
16. It is evident from the facts and circumstances that the of IVRCL and its officials, KMDA officials responsible for supervision and Rajat Bakshi who was the sub-contractor along with others, with common intention and being abetted by and in conspiracy with each other, inter alia, committed offences of culpable homicide not amounting to murder, attempt to commit the same, criminal conspiracy, public servant disobeying law, with intent to cause injury to by person, negligent conduct with respect to pulling down or repairing buildings, among others. It further appears that corruption lay at the heart of the matter. Had corruption not being practiced in respect of the flyover project, proper materials would have been supplied, proper planning would have been there and proper care, caution and supervision would have been practiced and human lives could have been saved. Therefore, the accused persons have, inter alia, committed the offences under sections 304, 308, 120B, 166, 288 of the Penal Code.
euraft-wrzo-ray&
Office of the Commissioner of Polio. ( Record Section ) Kolkata'
geceived on...140)0 ntents not Verified
ieWne-c•-e OZ.
•• ••• ••••••••••
3
17 It is germane to mention that the offences alleged herein has no connection with the discharge of official duties of the respective accused public servants in as much as they had no business committing such offences even when discharging their official duties.
18. The illegal acts of he accused persons should be properly investigated and the real facts should be brought to light and the accused be interrogated in custody so that the real truth comes out
1.9. In the circumstances I request you to register a First Information Report against the accused persons and others responsible, inter alia, under sections 304, 308, 120B, 166, 288 of the Penal Code and investigated into the matter without any delay.
Thanking you
Yours faithfully CA, 1.4e4ele...-fro-c
Biplab Choi,
End: Copies of newspaper reportings and compact discs containing video footage.
CC: e Commissioner of Police Kolkata Police Lalbazar, Kolkata 700001.
Sub: Commission of offences, inter alia, under Sections 166, 288, 304 and 308 read with sections 34, 107 and 120B of the Penal Code by (i) IVRCL Infrastructures and Projects Ltd (IVRCL, for short), (ii) Sudhir Reddy, the Managing Director of IVRCL, (iii) officers, engineers and workers of the IVRCL in charge of the Flyover Project, (iv) Chairman of the Kolkata Municipal Corporation (KMDA, for short), (v) officers of the KMDA responsible for supervision of the Flyover Project, (vi) Rajat Bakshi, a sub-contractor supplying materials and labour and (vii) other sub-contractors, concerned engineers and workers responsible for the collapse of Vivekananda Road Flyover
To,
Date: 16.04.2016 1.2.,..The Secretary, Ministry of Finance Government of India, New Delhi - 1100001
2, he Deputy Secretary, Expenditure Ministry of Finance, Department of Expenditure Room No 76, New Delhi - 1100001
3.,,T.h.e General Officer Commanding-in-Chief Eastern Command, HQ Fort William Kolkata - 700021
Chief Secretary, Government of West Bengal Nabanna Building, 325 Sarat Chatterjee Road, Howrah - 711102
5. he Additional Chief Secretary, Department of Planning k--"✓̀Government of West Bengal
Joint Administrative Building HC-7, Sector III, Salt Lake, Kolkata 700106
6. he Director, Central Bureau of Investigation Plot No 5-B, CGO Complex Lodhi Road, New Delhi- 110003
7. jhe Principal Secretary PWD Department, Government of West Bengal Nabanna, 325, Sarat Chattedee Road, 8th Floor Howrah - 711102
1...8,, The Director General West Bengal Fire and Emergency Services,
13D, Mirza Ghalib Street, Kolkata - 700016
j. he Mayor
Kolkata Municipal Corporation, Kolkata- 700013
10. The Commissioner of Police Kolkata Police, Lalbazar Kolkata - 700001
11. The Inspector-In-Charge Posta Police Station, Kolkata-700007
co40-alranr&a cladl. Dear Madam / Sir / s
2 113
I, Biplab Kumar Chowdhury, son of Late Birendranath feChaudhury of Purbita, Kabi Sukanta Sarani, Airport Police Station,
Kolkata-700051, would like to state as under: 1 I am a 56 years old peace loving and law abiding citizen of India. I am a social worker and an activist in respect of the Right to Information Act and have been raising several issues of public importance over a considerable period of time.
2 I was highly perturbed when I heard and came to know from video footage telecast by various private channels and from various newspaper reportings that on 31st March 2016 a section of the Vivekananda Road Flyover had collapsed on Thursday afternoon killing 26 people and injuring several others.
Copies of such newspaper reporting and a compact disc containing the video footage as reported by various news channels are attached herewith and collectively marked with annexure "A".
3 On 31st March 2016, a section of the Vivekananda Road flyover came crashing down on Thursday afternoon on a busy street below killing the hapless 26 people and injuring several others. A tremendous effort had to be put in to extricate the living and the dead bodies from under the debris. The Army had to join hands in the rescue operations which could save around 67 lives.
4 Like other concerned citizens, I too visited the site subsequently and witnessed the enormity and gruesomeness of the disaster.
5 As was further reported, the immediate cause of the accident was the crumbling pillar, Pier 40C, that led to the fatal crash. Structural experts who examined the site on the next Friday prima facie concluded that the twin arm of the central Pier 40 buckled owing to structural or material failure.
6 I also came to know from the newspaper reportings that a murder case was filed against IVRCL, the company responsible for the construction of the flyover and some others. Some mid-level officials of IVRCL were arrested and some detained.
7 I would like to point out certain facts, which I came to know from various sources as well as newspaper reportings in the following paragraphs.
8 One Rajat Bakshi, a relative of Jorasanko Trinamool MLA Smita Bakshi, and the owner of the firm Sandhyamani Projects was given a sub-contract for supplying iron, cement and labour for the Vivekananda Road Flyover. But neither he nor his firm nor its workers were specifically arraigned as accused.
9 The KMDA officials, right from the Chairman to other engineers, officers and workers who were responsible for supervision of the project were surprisingly left out from arraignment. They should have detected the defects, if any in the structure, and taken remedial measures. However, safety and security measures seems to have been given a total go by.
gra, oaf caantLY.
3
10 That the Pier contained a defective bolt was pointed out earlier to the Concerned officials and engineers of the KMDA and then, to the IVRCL. But, with utter disregard to human lives, an order was issued to device some make shift arrangements and as a result the defective bolt in question in Pier 40C was merely welded instead of being replaced and constructions were carried on. Obviously the make shift arrangement was insufficient and the ill-fated Pier 40 foisted with welded bolt and constructed with sub-standard materials could not bear the weight of the platform above and collapsed.
11 Sticking to basic construction protocols might have saved the day. It is imperative that enquiry be made as to why this was not followed.
12 The busy and congested road was not even shut down or traffic below diverted during construction of the flyover. If the road had been shut then loss of so many human lives could have been averted.
13 It is obvious that constructions were not going according to the sanctioned plan and the materials supplied for the construction were not up to the mark.
14 Furthermore, it casts a serious doubt on the structural integrity of the remaining portion of the flyover.
15 Blatant corruption and the illegal stranglehold of the politically aided syndicates of suppliers of building materials lie at the root of the matter. Unless this aspect is looked into, the real truth would never come out.
16 As it appears from the news reportings that no specific complaint has been lodged over such gruesome incident arraigning either the said Rajat Bakshi or his firm Sandhyamani Projects or its responsible officers and workers or against the responsible engineers, officers and workers of the KMDA upon whom the onus of supervision lay. In fact, there is a sinister effort to shield some of the real culprits.
17 It was also reported that families of victims had to suffer the bureaucratic delay and latches in getting back the bodies of the victims. In one such case, the authorities refused to hand over a copy of the Post Mortem report of a victim in any time soon.
18 Besides, the paltry sum declared as compensation by the Government is too meager to families who lost their sole bread earners.
19 On 14th April 2016 it was further reported in some newspapers that the flyover probe team headed by two professors of IIT, Kharagpur in their preliminary findings have stated that poor quality of materials was one of the key reasons behind the collapse of the flyover.
A copy of the newspaper reporting dated 15th April 2016 is annexed herewith and marked as Annexure "B".
g,teagiekaireart
'I
4 20 It is evident from the facts and circumstances that the (i) IVRCL Infrastructures and Projects Ltd (IVRCL, for short), (ii) Sudhir Reddy, the Managing Director of IVRCL, officers, engineers and workers. of the IVRCL in charge of the Flyover Project, (iv) Chairman of the Kolkata Municipal Corporation (KMDA, for short), (v) officer of the KMDA responsible for supervision of the Flyover Project, (vi) Rajat Bakshi, a sub-contractor supplying materials and labour and (vii) other sub-contractors, concerned engineers and workers responsible for the collapse of Vivekananda Road Flyover and others, with common intention and being abetted by and in conspiracy with each other, inter alia, committed offences of culpable homicide not amounting to murder, attempt to commit the same, criminal conspiracy, public servant disobeying law, with intent to cause injury to any person, negligent conduct with respect to puffing down or repairing buildings, among others. It further appears that corruption lay at the heart of the matter. Had corruption not being practiced in respect of the flyover project, proper materials would have been supplied, proper planning would have been there and proper care, caution and supervision would have been practiced and human lives could have been saved. Therefore the accused persons have, inter alia, committed the offences under sections 166, 288, 304 and 308 read with sections 34, 107 and 120B of the Penal Code
21 It is germane to mention that the offences alleged herein have -no connection with the discharge of official duties of the respective accused public servants in as much as they had no business committing such offences even when discharging their official duties. 22 The illegal acts of he accused persons should be properly investigated and the real facts should be brought to light and the accused be interrogated in custody so that the real truth comes out.
23 On 6th April 2016 I had given a written complaint before the Inspector-in-Charge, Posta Police Station in respect of the aforesaid incident as per information available till then and had requested the police to register a case and conduct necessary investigations in this regard. But till date I have not received any reply from the concerned police station.
A copy of the complaint dated 6th April 2016 is annexed herewith and marked as Annexure "C".
24 In the circumstances I request you to, within a period of 14 days from the receipt of this letter, take necessary steps including registering a First Information Report against the above referred accused persons and others, inter alia, under sections 166, 288, 304 and 308 read with sections 34, 107 and 120B of the Penal Code and investigate into the matter without any delay by an independent investigation agency like the Central Bureau of -Investigation failing which I shall be constrained to follow the natural course of law.
Thanking you
ffencia: .4-222-zaw-er-.,;(97ae, ef ft?9`iit -0/ To 0.9*
Yours faS77,
(Biplab Kumar CfcciC
)
oj-
71. ;482011H Ind
Pcs.:11,CP-Cale.-MBIR To:8 LALR 0,
MAT& PI/h700110 Fatal' RR GRIM , NIL 51 1111.123yra.A, twt.:1?.00 . IWOR/2015 15:22 Taxis:Rs.2.0Voaraa, a. mitir6aa.514
Ji To Rintortere— ff:Y.-10 1. The Chairman, North Dum Duni Municipality,
163, M.B. Road, Birati, Kolkata - 700051.
2. The Board of Councillors, North Dum Dum Municipality, 163, M.B. Road, Birati, Koikata - 700051.
3. The Inspector-in-Charge, Airport Police Station, Airport, Kolkata - 700052.
4. The Assistant Director of Fisheries, Post Office and Police Station - Fiarasat, District - North 24-Parganas.
5. The Block Land and Land Reif-nuts Officer, Barrackpur - II, B.T. Road, Panihati, Sodepur, Kolkata - 700110.
In Re : Illegal filling up of water bodies about 10 Khatas of land in Ward No.15 under Gouripur Mouza, Police Station - Airport, Post Office -Birati, Kolkata - 700051 under North Dum Dum Municipality.
Dear Sir/Madam,
This is to bring to your kind notice that I Biplab Kumar Chowdhury,
being a public spirited citizen and .1 resident of 108, M.B. Road, Purbita,
Sukanta Sarani, Birati, Koikata 700051 under North Dum Dum
Municipality, Ward No.18 is highly perturbed by the manner in which the
water bodies are being illegally filled up in North Dum Dum Municipality.
Recently it has come to my notice tl..at one Tapan Chatterjee of Kolabagan,
Mahajati Nagar, Birati, Kolkata - 700051 is taking steps to fill up water
body about 10 cottahs in Ward No.15 under Gouripur Mouza, North Dum
Dum Municiplaity illegally and unauthorizedly and attempts are being
made to convert an j skFc, nature and character of land for
development purpo
a24,414„, e-fir:f.""7
You are well aware that under Section 17A of the Inland Fisheries
Act, no person shall fill up any water area measuring - 5 cottahs or more
with the view to convert the same into solid land for the purpose of
construction of building or dividing any water area into parts so as to
make any such part measure less than 5 cottahs or 0.035 hectare which is a
punishable offence under the Act. In the instant case the owners of the
aforesaid plot are illegally filling up water bodies measuring more than 28
Cottahs for selling out the same or making construction of building
thereon thereby changing the nature and character of the land.
You are also aware that under Section 45 of the West Bengal Town
and Country Planing and Development Act, no development, institution
or change of use of any land shall be undertaken or carried out in that area
without obtaining permission in writing and without obtaining a
certificate from the concerned authority certifying that the development
charge as leviable under this Act has been paid or that no such
development charge is leviable. In the instant case the water bodies are
illegally filled up illegally without complying with the provision of the Act.
It is further brought to your kind notice that illegal filling of water
bodies by pouring and dumping rubbish and waste materials in the
aforesaid plot of land has resulted in environmental pollution by polluting
the entire atmosphere and adversely affecting the life of the inhabitants of
the locality.
Similar instances of illegal filling of water bodies in Holding
no.233/429, A.P.C. Roy Road, Ward No.13(now Ward no.14), Police
Station - N mta of North Duni Du m Municipality-have been brought to
your notice also but no positive steps was taken for which myself and
- Cintlee-47
some other local inhabitance filed a public interest litigation before the
Honible High Court being W.P. No.13305 (W) of 2011 followed by a
contempt application being W.P. CRPN/1778 of 2013.
Under such circumstances you are requested to register the instant
complaint and take necessary steps to stop the illegal filling of water
bodies and also against the persons directly or indirectly involved in
committing or facilitating the commission of the alleged offence in the
interest of the nation and securing the safety and security of the public at large.
You are also requested to take immediate steps in this regard and
positively within 7 days from the date of receipt of this letter.
Thanking you,
Place : Birati, Kolkata - 700051 Date : / 0.04.2015
Yours faithfully,
Son-, cdrcLur: /%912, s- •
(BIPLAB KUMAR CHOWDHURY) 108, M.B. Road, Purbita, Sukanta Sarani, Police Station- Airport, Birati, Kolkata - 700051. Mob : 9830023486
Sc Toro
T. :17 , 10/09/:45}5 , ALaSeRs.2.0X<Trate. ter makk./ atx •cs
SP Ka..KATA GPO <700001 Elk's:36'Z 123 T. 1,1 enunter No113,0P-CodifIRAIIR IndiaPost
To:IIE A L 1,1130,EPARACM II SODEILIR KCL, PIN.:700110
FrocA K COICHIRY , KUL 71 Wtg2Ograirrs,
Pint:17.,00 (LFeeths.0.03:1, 10/04.i2015 17:09 TaxestRt5.2.00<arad.: cr, wuLindiapostgpv.in›).
Date . 10.04.2015 To 1. The Chairman, North Duni Du! ri Municipality,
163, M.B. Road, Birati, Kolkata 700051.
2. The Board of Councillors, Nor Dum Dum Municipalit5 163, MB. Road, Birati, Kolkata - 700051.
3. The Inspector-in-Charge, Airport Police Station, Airport, Kolkata - 700052.
4. The Assistant Director of Fisheries, Post Office and Police Station - ilarasat, District - North 24-Parganas.
5. The Block Land and Land Refo, ms Officer, Barrackpur - II, B.T. Road, Panti Sodepur, Kolkata - 700110.
In Re: Illegal fining up of water bodies about 1.5 Khatas of md in Ward No.15 under Gouripur Mouza, Police Station - Airport, Post Office - Birati, Kolkata - 700051 under North Dum Dum Municipality.
Dear Sir/Madam,
This is to bring to your kind notice that I Biplab Kumar Chowdhury,
being a public spirited citizen and resident of 108, M.B. Road, Purbita,
Sukanta Sarani, Birati, Kolkata 700051 under North Dum Dum
Municipality, Ward No.18 is highly oerturbed by the manner in which the
water bodies are being illegally filled up in North Dum Dum Municipality.
Recently it has come to my notice d ':.1t one Sukhamoy Lodh of Kolabagan,
Mahajati Nagar, Birati, Kolkata - 0051 is taking steps to fill up water
body about 15 cottahs in Ward No. I 3 under Gouripur Mou7a, North Dum
Dum Municiplaity illegally and ur, ,-mthorizedly and attempts are being
made to convert and change the nature and character of land for
development pu
43,:ex.fes— ca-Tr-7
You are well aware that under Section 17A of the Inland Fisheries
Act, no person shall fill up any water area measuring 5 cottahs or more
with the view to convert the same into solid land for the purpose of
construction of building or dividing any water area into parts so as to
make any such part measure less than 5 cottahs or 0.035 hectare which is a
punishable offence under the Act. In the instant case the owners of the
aforesaid plot are illegally filling up water bodies measuring more than 28
Cottahs for selling out the same or making construction of building
thereon thereby changing the nature and character of the land.
You are also aware that under Section 45 of the West Bengal Town
and Country Planing and Development Act, no development, institution
or change of use of any land shall be undertaken or carried out in that area
without obtaining permission in writing and without obtaining a
certificate from the concerned authority certifying that the development
charge as leviable under this Act has been paid or that no such
development charge is leviable. In the instant case the water bodies are
illegally filled up illegally without complying with the provision of the Act.
It is further brought to your kind notice that illegal filling of water
bodies by pouring and dumping rubbish and waste materials in the
aforesaid plot of land has resulted in environmental pollution by polluting
the entire atmosphere and adversely affecting the life of the inhabitants of
the locality.
Similar instances of illegal filling of water bodies in Holding
no.233/429, A.P.C. Roy Road, Ward No.13(now Ward no.14), Police
Station - Nimta of North Dum Dum Municipality have been brought to
your notice also but no positive steps was taken for which myself and
- [21 -
some other local inhabitance filed a public interest litigation before the
Hon'ble High Court being W.P No.13305 (W) of 2011 followed by a
contempt application being W.P. CRPN/1778 of 2013.
Under such circumstances you are requested to register the instant
complaint and take necessary steps to stop the illegal filling of water
bodies and also against the persons directly or indirectly involved in
committing or facilitating the commission of the alleged offence in the
interest of the nation and securing the safety and security of the public at large.
You are also requested to take immediate steps in this regard and
positively within 7 days from the dd to of receipt of this letter.
Thanking yoti,
Place : Birati, Kolkata - 700051 Date :10.04.2015
Yours faithfully,
423-ek.alt—r I aiarif:-
(BIPLAB KUlYIAR CHOWDHURY) 108, M.B. Road, Purbita, Sukanta Sarani, Police Station- Airport, 13irati, Kolkata 700051 Mob: 9830023486
g.71",
STD .1470
Date: (bp 157
imotortere-r4/1 Aorttc.
NORTH DU1M BUM MUNICIPALITY RG141'519, 163, M.I3.ROAD, BIRAT1, KOLRATA • 700051
PRONE: (033) 2514 2101 /2514 - 2494, FAX (033)2514 - 2990
0 /IV' Website: http://www.northdumdummunicipality.org
E-mail ID: nddmboc@bsnlan
Memo No. NDDIWPWD/ 1 317-
To
Sri Sukhainoy Lodh et: Cams Holding No. 55(39), M. B. Road,Ward No.I5, P.S. Airport
Sub : A direction to Stop illegal filling of a Water Body.
It is reported that you are filling a Water Body, at Holding No.55(39), M. B. Road, Mouza Gouripur, Ward No IS. It is illegal under relevant provisions of To
and Country Fisheries Act 1984. Planning & Development Act, 1979, West Bengal Municipal Act,1993 as well as Inland
As it is deemed to be willful violation of the above said act the reserves the right to take legal action against you. Municipal Authority
So you are hereby directed to stop such unauthorized and illegal works immediately and see the undersigned in his chamber with all relevant documents (i.e. deed, deeds site plan etc.) within 3 (three) days from the date of receipt of this letter.
No.NDDM/PWD/ 1 'b 1. (.9 Dated 24,./ /
Copy forwarded for information and with a request to take necessary action to :- 1. The District Magistrate, North 24 Pgs., Barasat 2.
The Sub-divisional Officer, Barrackpore., North 24 Pgs., 3. The Asstt, Director of Fisheries, Meen Bhaban, Barasat, North 24 Pgs. 4. The Law Officer, Govt. of West Bengal, Department of Environment, Writer's Buildings, Block — 0, 2nd Floor, Kolkata -700001. 5. The Inspector-in-Charge, Airport P.S.
Eiplab Kumar Choeidluiry, 1 0g. M. B. Road. Purbita, Stikanta Sarani, Bira
\---„Chairat North Dum Dum Municipality
54- Chairman
North Dunn Dam Municipality
tillif 4, . n 6 4
‘) .01,-, Cr+ ha #..(ti NORTH DUM DUM .MUNICIPALITY
irrr
0 glib e-, PHONE: (033)2514 - 2101 /2514 - 2494, FAX - (033)2514 - 2000
ILL )11 163, M.B.ROAD, BIRATI, KOLKA'FA - 700051
STD . m° Website: http://wwNv.northduind u in m u iticipality.org E-mail /Dr nddiaboe@bsnlin
Memo No. NDDM/PWD/ 5 8 It (2) Date: VOA--
To
Sri Binoy Bhusan Chatterjee & Sri Tapan Chatterjee Mahajati Nagar, Block —III, Kalabagan, Mouza — Gouripur, Ward No.I 5, P.S. Airport
Sub : A direction to Stop illegal filling of a Water Body.
It is reported that you are filling a Water Body, at Mahajati Nagar, Block — III, Kalabagan, Mouza - Gouripur, Dag No.140/1184, Ward No 15. It is illegal under relevant provisions of Town and Country Planning & Development Act, 1979, West Bengal Municipal Act, 1993 as well as Inland Fisheries Act 1984.
As it is deemed to be willful violation of the above said act the Municipal Authority reserves the right to take legal action against you.
So you are hereby directed to stop such unauthorized and illegal works immediately and see the undersigned in his chamber with all relevant documents (i.e. deed, deeds site plan etc.) within 3 (three) days from the dare of receipt of this letter.
Giridirmarr — North Dum Duni Municipality
No.NDDM/PWD/ /38 tr. (1)/4 Dated -.S/S13 cc--
Copy forwarded for information and with a request to take necessary action to :- I. The District Magistrate, North 24 Pgs., Barasat 2. The Sub-divisional Officer, Barrackpore., North 24 Pgs., 3. The
Asstt. Director of Fisheries, Meen Bhaban, Barasat, North 24 Pgs. 4.
The Law Officer; Govt. of West Bengal, Department of Environment, Writer's Buildings, Block — G, 2" Floor, Kolkata -700001.
5 The Inspector-in-Charge, Airport P.S.
b. Sri Biplab Kumar Chowdhury, 108, M. B. Road, Purbita, Sukanta Sarani, Birati, Kol-51.
Qua '... Th r2,.‘'‘
r13) Chairman.--
North DUID Dum Municipality
Tv,- 1.---11-The Chairman, North Dumdum Municipality
163 M.B. Road, Birati, Kolkata-700051 vvihe Board of Councilors, North Dumdum municipality,
163 M.B. Road, Birati, Kolkata-700051 3) The Inspector-in-Charge,
Nimta Police Station, Nimta, Kolkata-700051. 4) Assistant Director of Fisheries, North 24 Parganas P.O. & P.S.: Barasat, North 24 Parganas, PIN-700124 5) Block Land & Land Reforms Officer BKP-II B.T. Road, Panihati, Sodepur, Kolkata-700110
ktfetry 'P' iz Date: 08.06.2015
Jert<'
In Re.: Illegal filling up of water bodies about 37 Khatas of land ward no 18,Under Birati mouza, Police Station: Nimta, Post Office: Birari, Kolkata-700051 under North Dumdum Municipality.
Dear Sir/Madam,
This is to bring to your kind notice that I, Biplab Kumar Chowdhury, being a public spirited citizen and of 108 M,B. Road, Sukanta Sarani, Birati, North 24 Parganas, Kokata 700051 under North
Dumdum Municipality, Ward no-18; is highly perturbed by the manner in which thewater bodies are
being Illegally filled up in North Dumdum Municipality. Recently it has come to my notice that some
Sankar Prasad Paul & others of Mahajati Nagar, Block:2, M.B. Road, Siddheshwari Bazar, near Mini Bus
Stand; are taking steps to fill up water body about 37 cottahs in Ward no 18, under Birati•Mouza of
North Dumdum Municipality illegally and unauthorizedly and attempts are being made to convert and
change the nature and character of land for development purpose to Dag no. 709, 801, 802, 803, 804.
You are well aware that under Section 17A of the Inland Fisheries Act, no person shall fill up any water area measuring 5 cottahs or more with the view to convert the same into solid land for the purpose of construction of building or dividing any water area into parts so as to make any such part
measure less than 5 cottahs or 0.035 hectare which is a punishable offence under the Act. In the instant case the owners of the aforesaid plot are illegally filling up water bodies measuring more than 37
cottahs for selling out the same or making construction of building thereon thereby changing the nature and character of the land.
You are also aware that under Section 45 of the West Bengal Town and Country Planing and Development Act, no development, institution or change of use of any land shall be undertaken or
carried out in that area without obtaining permission in writing and without obtaining a certificate from
the concerned authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable. In the instant case the water bodies are illegally filled up illegally without complying with the provision of the Act.
It is further brought to your kind notice that illegal filling of water bodies by pouring and dumping rubbish and waste materials in the aforesaid plot of land has resulted in environmental
pollution by polluting the entire atmosphere and adversely affecting the life of the inhabitants of the locality.
Similar instances of illegal filling of water bodies in Holding no 233/429, A.P.C. Roy Road,
Ward No 13(now ward no 14) Police Station Nimta of North Dumdum Municipality have been brotight to
your notice also but no positive steps was taken for which myself and some other local inhabitance filed
a public interest litigation before the Hon'ble High Court being W.P. No. 13305(W) of 2011 followed by a contempt application being W.P. CRPN/1778 of 2013.
Under such circumstances you are requested to register the instant compliant and take necessary steps to stop the illegal filling of water bodies and also against the persons directly or
indirectly involved in committing or facilitating the commission of the alleged offence in the interest of the nation and securing the safety and security of the public at large.
You are also requested to take immediate steps in this regard and positively within 7 @c 15519 days from the date of receipt of this letter.
Thanking You Yours faithfully
leanimizO9 0641%/1/5- BIPLAB KUMAR CHOWDHURY
108, M.B.Road, Purbita,Sukanta
Sarani, Birati,.Kolkata 700051
- 7-25 - x otter -
atladatega-auaa ha2a2b.424,07sepx .0c-cdt ?mod' Sedecenircycineo< o th Dum Dum Municipality,
163, M.B. Road, Birati, Kolkata - 700051.
Sub'ect : Application under Section 6(1) of the Right to information Act, 2005.
Name of the Applicant : Biplab Kumar Chowdhury
Son of LateBinindrea NathChowdhury.
2„Address 108, M.B. Road; Purbita, Sukanta Sarani
Birati, Kolkata - 700051.
3. I.D. No.
4. Information sought for . ; Please supply me the detailed
information and relevant record and
documentary evidence according to the
record of the Department towards
necessary steps against continuous
illegal filling of the water bodies in ref.
the public complaint, continuously from
a long period to protect public interest
accordingly. The necessary cost for
supply of document should be paid
according to the Right to Information. Act, 2005.
a) Please supply me the detailed
information as to whether the 'concerned
department had/had not resist the Illegal filling of 7 •
1) Water Body of 16 Khata at
Nanisaha Sarani; Western Side of Majarhati Water Tank and adjacent of
Majarhati Prathamik Vidyalayei, Ward
No.25, North Dum burn Municipality, Post. Office - Birati, Police Station H-Nimta, Kolkata -700051•
ii) Water Body of 10 Khata at
Swami Vivekananda Road, 7th By Lane,
Ward No.20 (new), North Dum Dum
Municipality, Police itationHL Nimta,
Post Office - Birati, Kolkata 700051.
iii) Water • Body of 20 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8120, 8121, Ward No.11
(new) 10 (old), North Dum Dum
Municipality, Post Office and Police Station - Nimta, Kolkata - 700049.
iv) Water Body of 60 Khata at
Pratiraksha Nagar under Uttax Nimta
Mouza, Dag No.8122, 8123, 8124, 8125, 8126, 8127, 8128, 8129, 8130 under ;Ward
No.11 (new) 10 (old), North. 9Unt Duni
3
Municipality, Post Office and Police
Station - Nimta, KoIkea's% - 700049.
v). Water Body of 20 Ithati; Owner Sri Barin Roy Chowdhury at Swami
Vivekananda Road, let By Lane, Ward
No.20, North, Dunt Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vi) Water Body.of 13 Khata, Owner,
Smt. Tripti Chowdhury at Swami
Vivekananda Road, 6th Bye Lane, Ward
No.20, North Dum Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata.- 700051.
vii) Water Body of 15 Khata, Owner
IvirUnata Patil at Swami Vivekananda
Road, 7th Bye Lane, Ward No.20, North
Dum Dum Municipality, Post Office - Birati, Police Station - Nimta, Kolkata -
700051.
viii) Water Body o$ 14 Khata, Owners
Sri Kali Prasad Guha and Smt. Kakuli
Das at Swami Vivekananda Road, 10th
Bye Lane, Ward No.20, North Dum
Dum Municipality, Post Office - Birati,
'.Police Station .- Nimta, Kolkata -700051.
ix) Water Body of 22 Khata at Bt. Mukherjee Road, 9th By Lane/K,K. Ram Das Road, under North Dum Duni
Municipality, Post Office - %rat Police
Station - Nimta, Kolkata - 700051.
x) Water Body of 13 Khata at
Chowdhury Para Main Road, Nimta,
Ward No.9, North Dum Dum
Municipality, Post Office and Police
Station - Nimta, Kolkata - 70004?.
xi) Water Body of 18 Khata at Rishi
Bankim Road, Ward ,No,11 (new) 10
(old), North Dum Dom Mufficipality,
Post Office - Birati„ Police Station -Nimta, Kolkata -700051.
xii) Water Body of 15. Khata at
Nazrul Path, Ward No.13 (new), North
Dum Dum. Municipality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xiii) Water Body of 140 Khata at
Mock No.4, Mahajati Nagar, Jupiter
Developers, Dag No.417 to 423 and Dag
No.359 to 363 and Dag &o.407,
Gouripur Mouza, Waici No,15, North
Duin Dum Municipality, Post .Office - •
H29
Birati, Police Station - Airport, Kolkata -700051.
xiv) Water Body of 26 Khata at
Tulshi Sagan, A.P.C. Roy Road: Ward
No.14, North Dum .Dum
Post Office - Birati, Kolkata - 700051.
xv) Water Body of 26 Khata at
Swamiji Pally, Dag No.605 to 607,
Monza - Birati, Ward No.14, North
Dum Dum Municipality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xvi) Water Body of 28 Khata at
Pharidpur Pally (Ganesh butte Road),
Dag No.773, Mouza - Birati, Ward
No.18, North Dum Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
, xvii) Water Body of 15 Khata, Mouza-- Sultanpur, Ward No.18, North Dum
Duni Municipality, Owner Partha Das,
son of Nakuleswar Das, Adarsha Pally,
Post Office - Birati, Police Station
Nimta, Kolkata - 700051.
13 ,0
xviii) Water 'Body of 37 Khata, Mouza - Birati, Ward No.18, North Dum Dum Municipality, Post Office -. Birati, Police Station - Nimta, Dag No.795, 796, 797,
798, 799, 800, 801, 802, 803, 804, 805, 806,
807, 808, 809 at Siddheshwari Bazar,
near Mini Bus Stand.
xix) Water *$ody of 19 Khata, Dag
No.1522 and 1523, Mouza - Sultanpur,
Ward No.19, North Dum Dum
Municipality; Police Station - Dun
Durn, Khalishakota Pally, Owner
Chunilal Mukherjee & Others.
xx) Water Body of 10 Khata, Dag
No.140/1184, Mouza - Gouripur, North
Dum Dum Municipality, Ward No.15,
'Block - III, Kalabagan, Post Office -
Birati, Police Station - Airport, Owners
Tapan Chatterjee and Binoy Bhushan
.Chatterjee.
xxi) Water Body of 15 Khata,
Holding No.55(39), Mouza - Gburipur,
Ward No.15, North Dum Diun
Municipality, Block - III, Kalabagan,
Post Office - Birati, Police Station -
Airport, Owner Sukhamoy Lodh &
Others.
-131- 7
b) Please supply me the detailed information as to whether the concerned department had/had ' not made any , F.I.R. against the owner and others
against the above illegal filling of the
said -
i) Water Body of 16 Khata at
Nanisaha Saran!, Western Side of
Majarhati Water ,Tank and adjacent of
Majarhati Prathamik Vidyalayat Ward
No.25, North Dum Dum Municipality, Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
ii) Water Body , of 10. Khata at
Swami Vivekananda Voad„74 By Lane,
Ward No.20 (new), North Duni Punt
Municipality; Police Station - Nimta,
Post Office - Birati, Kolkata - 700051.
iii) Water Body of 20 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8120, 8121, Ward No.11
(new) 10 (old), North Dian Dum
Municipality, Post Office and Police
Station - Nimta, Kolicata - 700049.
iv) Water Body of 60' Khata at
Pratiraksha Nagar under Uttir Nimta
32 -
8
Mouza, Dag No.8122, 8123, 8124, 8125, . 8126, 8127, 8128, 8129, 8138 under Ward
No.11 (new) 10 (old), North Dum Dum Municipality, Post. Office and Police
Station - Nimta, Kolkata - 700044.
v) Water Body of 20 Khata, Owner
Sri Barin Roy Chowdhury at Swami
Vivekananda Road, 1st By Lane, Ward
No.20, North Dum Dum Municipality,
Post Office • Birati, Police Station -
Nimta, Kolkata - 700051.
vi) Water Body of.13 Khata, Owner
Smt. Tripti Chowdhury at Swami
Vivekananda Road, 6th Bye Lute, Ward
No.20, North Dum Dum
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vii) Water Body of.15 Khata, Owner
Mamata Paul at Swami yivekananda
Road, 7th Bye Lane, Ward No120, North.
Dum Dum Municipality, Post Office
Birati, Police Station -, Nimta, Kolkata -
700051.
viii) Water Body of 14 Khata, Owners
Sri Kali Prasad Guha and Sint. 'Calculi
Das at Swami Vivekananda Road, 10th
-13,3 - 9
Bye Lane, Ward No.20, North bum Dum Municipality, Post Office - Birati, Police Station - Winne, Kolkata - 700051.
ix) Water Body of 22 Khata at B.L.
h;lokherjee Road, 9th By Lane/K.K. Ram
Das Road, under North Dum Dum
Municipality, Post Office. - Birati, Police
Station - Nimta, Kolkata - 700051.
x) Water Body of 13 Khata at
Chowdhury Para Main Road, Nimta,
Ward No.9, North' Dum Dion Municipality, Post Office . and Police
Station - Nimta, Kolkata - 700049.
xi) Water Body of 18 Khata at Rishi Bartkim Road, Ward NO.11 (new) 10
(old), North Dum Dum Municipality, Post Office -
Birati, .Police Station - Nimta, Kolkata - 700051.
xii) Water Body. of 15 Khata at Nazrul Path, Ward No.13 (new), North. Duni Dum Municipality, Post Office -Birati, Police
Station - Nizrita, Kolkata - 700051.
xiii) Water Body. of 140 Khata at
Block No.4, Mahajati Nagar, Jupiter
10
Developers, Dag No.417 to 423 and Dag No.359.
to 363 and Dag No.407, Gouripur Mouza, Ward No.15, North Dum Dum Municipal*, Post Office -Birati, Police Station.- Airport, Kolkata -700051.
*iv) Water. Body of 26 Khata at
Tulshi Bagan, A.P.C. Roy Road, Ward
No.14, North Dum Dum Municipality,
Post Office - Bira U, Kolkata - 700051.
xv) Water Body of 26 Khata at
Swamiji Pally, Dag No.605 to 607,
Mouza - Birati, Ward No.14, North
Dum Dum Municipality, Post Office -
Birati, Police Station Nimta, Kolkata -.700051.
xvi) Water Body of 28 Khata at
Pharidpur Pally (Ganesh Dutta Road),
Dag No.773, Mouza - Bind, Ward
No.18, North Dum Dum Municipality,
Post Office - Birati; Police Station -
Nimta, Kolkata - 700051.
xvii) Water Body of 15 Khata, Mouza
- Sultanpur, Ward No.18, North Dum
- /35 - 11
Dum Municipality, Owner Partha Das, son of Nakuleswar Das, Adarsha
Pally, Post Office - Birati, Police Station - Nimta, Kolkata - 700051.
xviii) Water Body of 37 Khata, Mouza
- Birati, Ward No.18, North Dum Dium
Municipality, Post Office- Biratt Police
Station - Nimta, Dag No,795,' 796, 797,
798, 799, 800; 801, 802, 803, 804, 805, 806,
807, 808, 809 at Siddheshwari Bazar, near Mini Bus Stand.
xix) Water Body of 19 Khata, Dag
No.1522 and 1523, Mouza - Sultanpur,
Ward No.19, North Dum Dum
MUnicipality, Police Station - Dum
Dum, Khalishakota Pally, Owner
Chunilal Mukherjee & Others.
xx) Water Body of 10 Khata, Dag
No.140/1184, Mouza Gouripur,' North
Dum Dum Mtmlcipality, Ward No.1:5,
Block - III, Kalabagan, Post' Office -
Birati, Police Station - Airport Owners
Tapan Chatterjee and Binoy Shushan Chatterjee.
xxi) Water Body of 15 Khata, Holding No.55(39), Mouza - Gouripur,
- I3C 12
Ward No.15,, North Dum Dum Municipality, Block - III, Kalabagan,
Post Office - Birati, Police Station -
Airport, Owner Sukhamoy Lodh
Others.
c) Please supply me the detailed
information as to whether the concerned
department had/had not obtained or
received any conversation certificate
from the concerned department of the
administration towards change the
character of land for national interest,
according to the law of the inland
fishery in favour of the said -
i) Water Body of 16. Khata at
Nanisaha Sarani, Western Side of
Majarhati Water Tank and adjacent of
Majarhati Prathamik, Vidyalaya, Ward
No.25, North Duth Dum Municipality,.
,Post Office Birati, Police Station -
Nimta, Kolkata - 700051.
Water Body of 10 Khata at
Swami Vivelcartanda Road, 7th By Lane,
Ward' No.20 (new), 'North Dum Dum
Municipality, Police„ Station - Nimta,
Post Office - Birati, Kolkata - 700051.
-/37 13
Water' Body of 20 Khata at Pratiraksha Nagar under Uttar. Matta Mouza, Dag No.8120, 8121, Ward No.11 (new) 10 (old), North Dum Dun
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
iv) Water Body of 60 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8122, 8123, 8124; 8125,
8126, 8127, 8128, 8129, 8130 under Ward
No.11 (new) 10 (old), North Own Dum
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
v) Water Body of 20 Khata, Owner
Sri Barin Roy Chowdhury at Sivami
Vivekananda Road, 1sto By Lane, Ward
No.20, North Dum Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vi) Water Body of 13 Khata, Owner
Smt. Tripti Chowdhury at Swami
Vivekananda Road, 6th Bye Lane, Ward
No.20, North Dum Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
-132? 14
vii) Water Body of 15 Khata, Owner
Mamata Paul at Swami Vivekananda Road, 7a, Bye Lane, Ward No.20, North Dum Dum Municipality, Post Office -Birati, Police Station -,Nimta, Kolkata -700051.
viii) Water Body of 14 Khata, :Owners Sri Kali Prasad, Guha and Smt: Kakuli
Das at Swami Viyekananda Road, 10th
Bye Lane, Ward No.20, North' Dum
Dum Municipality, Post Offica - Birati, Police Station - Nimta, IColkata -700051.
ix) Water Body of 22 Khata at B.L.
Mukhenee Road, 9th By Lane/K.K. Ram
Das Road, under North Dum Dum
Municipality, Post Office - Birati, Police
Station - Nimta, Kolkata - 700051.
x) Water Body ' of 13 IChata at
Chowdhury 'Para Main Road, Nimta,
Ward No.9, North Duni Dum
Municipality, ' Post Office and j Police
Station - Nirnta, Kolkata - 700049.
xi) Water Body of 18 Khata at Rishi. Bankirn Road, Ward No.11 (new) 10
(old), North Dum Duni Municipality,
- I 35 - 15
Post Office - Birati, Police Station - Nimta, Kolkata - 700051.
xii) Water Body .of 15 Khata at
Nazrul Path, Ward No.13 (new), North
Dum Dum Municipality, Post. Office - Birati, Police Station - Nirrita, Kolkata -700051.
xiii) Water Body of 140 Khata at
Block No.4, Mahajati Nagar, Jupiter
Developers, Dag No.417 to 423 and Dag
No.359 to 363 and Pas No.407,•
Gouripur Mouza, Ward No.15, North
Dum Dum Municipality, Post Office - Birati, Police Station - Airport, Kolkata - 700051,
xiv) Water Body of 26 Khata at
Tulshi Bagan, A,P.C. Roy Road, Ward
No.14, North Dum Dum Municipality,
Post Office - Birati, Kolkata - 700051•
xv) Water Body of 26 Khata at
Swamiji Pally, Dag No.605 to 607,
Mouza - Birati, Ws;rd No.14, North
Dum Dum Munidpality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
16
xvi) Water Body of 28 Khata at
Pharidpur Pally 1Ganesh Outta goad),
Dag No,773, Mouza - Birati, Ward No.18, North . Dum Dum Municipality,
Post Office - Bimti,, Police Station -
Nimta, Kolkata - 700051.
xvii) Water Body of 15 Khata, Mouza
- Sultanpur, Ward N6.18, North Dum
Dum Municipality, Owner Partha Das,
son of Nakuleswar Das, Marsha Pally,
Post Office Birati, Police Station -
Nimta, Kolkata - 700051.
xviii) Water Body of 37 Khata, Mouza
Birati, Ward No.18, North Dum DuM
Municipality, Post Office - Birati; Police
Station - Nimta, Dag No.795, 796, 797,
798, 799, 800, 801, 802, 803, 804, 805, 806,
807, 808, 809 , at Siddheshwari Bazar,
near Mini Bus Stand.
xix) Watei Body of 19 Khata, Dag
No.1522 and 1523, Motzza - Sultanpur,
Ward No.19, North Dum Dum
Municipality, Police . Station. - Dum
Dum, Khalishakota Pally, Owner
Chunilal Mukherjee & Others.
- 17
xx) Water Body of 10 Khata; Dag No.140/1184, Motiza .Gouripur, North
Dum Dum Municipality, WaM No.15, Block - III, Kalabagan, Post Office -
Birati Police Station - Airport, Owners
Tapan Chatterjee and Binoy Bhushan
Chatterjee.
xxi) Water Body of 15 Khata,
Holding No.55(39), Mouza - Gouripur,
Ward No.15, North Dun Dum Municipality, Block - Kalabagan, Post Office Birati, Police Station - Airport, Owner. Suichanioy Lodh
Others.. •
d) Please supply me the. ; detailed
information as to whether the concerned
department had/had not received or
issued any illegal mutation certificate
against the inland Fishery Act towards
change the character of land from Water
Body to Bastu to Local/District Level in
favour of the said -
i) Water Body of 16 Khata at
Nanisaha Sarani, Western Side of
Majarhati Water Tank and adjacent of
Majarhati Prathimik Vidyalaya, Ward
18
No.25, North Dum Dum Municipality. Post Office Birati, Police Station - Nimta, Kolkata - 700051.
ii) Water Body of 10 Khata at
Swami Vivekananda Road, 7th By Lane,
Ward No.20 (new), North Dum Dum
Municipality, Police Station. Nimta,
Post Office - Birati, Kolkata - 700051.
W) Water Body of 20 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8120, 8121, Ward No.11
(new) 10 (old), North Dum Dum
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049..
iv) Water Body of 60 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8122, 8123, 8124, 8125,
8126, 8127, 8128, 8129, 8130 tutdeiWard
No.11 (new) 10 (old), North Dum Duni
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
v) Water Body of 20 Khata, Owner
Sri Barin Roy Chowdhury at Swami
Vivekananda Road, lit By Lane, Ward
No.20, North Dum Dum Munidpality,
- lit 3 - • 19
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vi) Water Body of 13 Khata, Owner
Smt. Tripti Chowdhury at Swami
Vivekananda Road, 6th Bye Lane, Ward
No ,20, North bum Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vii) Water Body of 15 Khata, Owner
Mamata Paul at Swami Viveicananda
Road, 7th Bye Lane, Ward No.20, North
Dum Dum Municipality, Poit Office -
Birati, Police Station r Nimta, Kolkata -
700051.
viii) Water Body of 14 Khata, Owners
Sri Kali Prasad Guha and Smt. Kakuli
Das at Swami Vivekanartda Road, 10th
Bye Lane, Ward No.20, North Dum
Dum Municipality, Post Office - Birati,
Police Station - Nimta, Kolkata -
700051.
ix) Water Body of 22 Khata at B.L.
Mukherjee Road, 9th By Larte/KK.Marn
Das Road, under North Dim Dum
Municipality, Post Office - Birati, Police
Station - Nimta, Kollcata - 700051.
- 20
x) Water Body of 13 Ichata at Chowdhury Para Maine Road, Nimes, Ward No.9, North Dum Dum Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
xi) Water Body of 18 Khata at Rishi.
Bankim Road, Ward No.11 (new) 10
(old), North Dum Dum. Municipality,
Post Office' -; Birati, Police Station -
Nimta, Kolkata - 700051.
xii) Water Body of 15 Khata at
Nazrul Path, Ward N0.13 (new), North
Dum Dum Municipality, Post, Office -
Birati, Police Station- Nimta, Kolkata -. 700051.
xiii) Water Body of 140 Khata at
Block No.4, Mahajati Nagir, Jupiter
Developers, Dag N0.417 to 423 and Dag.
No.359 to 363 and Dag No.407,
Gouripur Mouza> Ward No.15, North
Dum Dum Municipality, Post Office -
Birati, Police Station -; Airport, Kolkata -
700051.
xiv) Water Body of 26 Khata at
Tulshi Bagan, A.P.C. Roy Road, Ward
fys
21
No.14, North Dum Dum Municipality,
Post Office - Birati, Kolkata - 700051.
xv) Water Body of 26 Khata at
Swamiji Pally, Dag No.605 to 607,
Mouza - Birati, Ward No.14, North
Dum Dum Municipality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xvi) Water Body 'of 28 Khata at
Pharidpur Pally (Canesh Dutta Road),
Dag No.773, • .Mouza - Birati, Ward
No.18, North Dum Dum Municipality,
Post Office - Strati, Police Station -
Nimta, Kolkata - 700051.
xvii) Water Body of 15 Khata, Mouza
- Sultanpur, Ward hio.18, North Duni
Dum Municipality, Owner Partha Das,
sort of Nakuleswar Das, Adarsha Pally,
Post Office - Birati, Police Stdtion. -
Ninth, Kolkata - 700051.
xviii) Water Body of 37 Khata, Mouza
- Birati, Waid No.18, North Dum Dum
Municipality, Post Office - Birati, Police
Station - NiMta, Dag No.795, 796, 797,
22
798, 799, 800, 801, 802, 803, 804,, 805, 806,
807, 808, 809 at Siddhishwari Bazar, hear Mini Bus Stand,
xix) Water Body of 19 Khata, Dag
No.1522 and 1523, Mouza - Sultanpur,
Ward No.19, North Dum Duni
Municipality, Police Station - Dum
Dum, Khalishakota Pally, Owner
Chunilal Mukherjee & Others.
xx) Water Body of 10 Khata, Dag
No.140/1184, Mouza - Gouripur, North
'Dum Darn Municipality, Ward No.15,
Block - III, Kalabagan, Post Office - Birati, Police•Statlon - Airport, Owners
Tapan Chatterjee and Binoy Shushan
Chatterjee.
xxi) Water Body of 15 Khata,
Holding No.55(39), Mouza - Gouripur,
Ward No.15, North Dum Dum
Municipality, Block - III, Kalabagan,
Post . Office - Bfrati, Police Station -
Airport, Owner Sukhamoy Lodh &
Others.
e) Please supply me , the 'detailed
information as to whether the concerned
department had/had not sanctioned
23
any building/project plan illegally over the said -
i) Water Body of 16 Min at Nanisaha Sarani, Western Side of
Majarhati Water Tank and adjacent of
Majarhati Prathamik 'Vidyalaya, Ward
No.25, North Dum Duni. Municipality,
Post Office - Bixati, Police Station -
Nimta, Kolkata - 700051.
ii) Water Body of 10 Khata at
Swami Vivekananda Road, 7th By Lane,
Ward No.20 (new), North Dum Dum
Municipality, Police Station - Nirnta,
Post Office - Birati, Kolkata - 700051.
iii) Water Body: 'of 20 Khata at
Pratiraksha Nagar under Uttar INimta
Mouza, Dag No.8120, 8121, Maid No.11
(new) 10 (old), North burn Dum
Municipality, Post Office and Police
Station - Nirrtta, Kolkata - 700049.
iv) Water Body of 60 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8122, 8123,. 8124, 8125,
8126, 8127, 8128, 8129, 8130 under Ward
No.11 (new) 10 (old), North Dum Dum
24
Municipality, Post Oaks and Po/ice Station - Nimta, Kolkata - 70004?.
v) Water Body of 20 IChata, Owner
Sri 13arin Roy Chowdbury at Swami
Vivekananda Road, 1st By Lane, Ward
No.20, North num num Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
vi) Water Body of 13 Khata; Owner
Smt. Tripti Chowdhuzy at Swami
Vivekananda Road, 6th Bye Lane, Ward No.20, North Dum Dam Municipality, Post Office - Birati, Police Station - Nimta, Kolkata - 700051.
vii) Water Body of 15 Khata, Owner
Mainata Paul at Swami Vivekananda r I
Road, 7th Bye Lane, Ward No.20, North
Dum num Municipality, Pest Office -
Birati, Police Station - Narita, Kolkata -700051.
viii) Water Body of 14 Khata,,Owners
Sri Kali Prasad Guha and Smt. Kakuli
Das at Swami Vivekananda Road, 10th
Bye Lane, Ward No.20, North Own
Duni Municipality, Post Office - Birati,
25
Police Station Nimta, Kolkata - 700051.
ix) Water Body of 22 Khata at B.L.
Mukherjee Road, 9th By. Lane/K.K. Ram
Das Road, under North Dum Dum
Municipality, Post Office - Birati, Police
Station - Nimta, Kolkata -700051.
x) Water Body of 13 Khata at
Chowdhury Para Main. Road, Nimta,
Ward 14o.9, North Dum Own.
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
xi) Water Body of 18 Khata at RIshi
Bankim Road, Ward No.11 (new) 10
(old), North Dum Dian MUnicipality,
Post Office - Birth, Police Station -
Nimta, Kolkata - 700051.
xii) Water Body of 15 Khata at
Nazrul Path, Ward No.13 (new), North,
Dum Dum Municipality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xiii) Water Body of 140 Khata at
Block No.4, Mahajati Nagai, Jupiter
Developers, Dag No.417 to 423 and Dag
26
No.359 to 363 and Dag No.407,
Gouripur Mouza, Ward No.15, North Dum Dum Municipality, Post Who* - Birati, Police Station - Airport, Kolkata -
700051.
xiv) Water Body of 26 Kliata at
Tulshi Bagan, A.P.C. Roy Road, Ward
No.14, North Own Dum Municipality,
Post Office - Birati, Kolkata - 700051.
xv) Water Body of 26 Khata at
Swamiji Pally, Dag No.605 • to 607,
Mouza - Birati, Ward No.14, North
Dum Own Municipality, Post Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xvi) Water Body of 28 Khata at
Pharidpur Pally (Ganesh Dutta Road);
Dag No.773, Motiza' - Birati, Ward
No.18, North Durn Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata,- 700051.
xvii) Water Body of 15 Khata, Mouza
- Sultanpur, Ward No:18, North Dum
Dum Municipality, Owner Partha Das,
-151 - 27
sort of Nakuleswar Das, Adaraha Pally, Post Oaks •Birati, Police Station ••. . Nimta, Kolkata - 700051.
xviii) Water Body of 37 Khata, Morn
- Birati, Ward No.18, Noith Dum Dum
Municipality, Post Office - Birati, Police
Station Nimta, Dag' No,795, 796, 797,
798, 799, 800, 801, 802, 803, 804, 805, 806,
807, 808, 809 at. Siddheshwari Bazar,
near Mini Bus Stand,
xix) Water Body of 19 Khata, Dag
No.1522 and 1523, Mouza - Sultanpur,
Ward No.19, ' North Dum Dum
Municipality, Police Station - Dum
Dum, Khatishakota Pally, Owner
Chunilal Mukherjee 4F Others.
xx) Water Body of 10 Khata, Dag
No.140/1184, Mouzi - Gouripur, North
Dum Dum Municipality, Ward No.15, .
Block - III, Kalabagan, Post. Office -
Birati, Police Station - Airport,. Owners
Tapan Chatterjee and Binoy Bhushart
Chatterjee.
xxi) Water Body of 15 Khata,
Holding No.55(39), Mouza - Gouripur,
-152-
28
Ward No.15, North Dum' Dum
Municipality, Block -III, Kellibagane Post Office surint,• Police Swaim Airport, Owner Sulthainoy LoCih & Others.
f) Please supply me the detailed
information as to whether the concerned
department had/had not made any
complain and had/had not resist
towards illegal construction over the
said -
i) Water Body of 16 Khata at
Nanisaha Sarani, Western Side of
Majarhati Water Tank and adjacent of
Majarhati Prathamik Vidyalaya, Ward .
No.25, North Darn Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata 700051,
ii) Water Body of 10 Khata at
Swami Vivekartancia Road, 7th By Lane,
Ward No.20 (new), North Dtnn Dun
Municipality, Police Station - ' Nimta,
Post Office - Birati, Kolkata - 700051.
iii) Water Body Of 20 Khata at •
Pratiraksha Nagar under Uttar Nimta
-153 -
29
Mouza, Dag No.8120, 8121, Ward No.11 (new) 10 (old), North Mum burn Municipality, Post Office and Police Station - Nimta, Kolkata - 700049.
iv) Water Body of 60 Khata at
Pratiraksha Nagar under Uttar Nimta
Mouza, Dag No.8122, 8123, 8124, 8125,
8126, 8127, 8128, 8129, 8130 under Ward
No.11 (new) 10 (old), North Dum Dum
Municipality,. Post Office and Police
Station - Nimta, Kolkata - 700049.
v) Water Body of 20 Khata, Owner
Sri Barth Roy Chowdhury at Swami.
Vivekananda Road, 1.st By Lane, Ward
No.20, North Dum Dum Municipality,
Post Office - Birati, Police Station
Nimta, Kolkata,- 700051.
vi) Water Body of 13 Khata, Owner
Smt. Tripti ChOwdhury at 8waini
Vivekananda Road, 6th. Bye Lane, Ward
No.20, North Dum Dum Municipality,
Post Office - Birati,. Police Station
Nimta, Kolkata - 700051.
vii) Water Body of 15 Khata, Owner
Mamata Paul at Swami Vivekananda
30
Road, 7th Bye Lane, Ward No.20, North Dorn Dum MuMeipaliiry: Past °MOP .0 Birati, Police Station - Nimta, Kolkata -
700051.
viii) Water Body of 14 Khata; Owners
Sri Kali Prasad Guha and Smt. Kakuli
Das at Swami Vivekananda Road, 10th
Bye Lane, Ward, No.20, North Dum
Dum Municipality, Post Office - Birati,
Police Station - Nimta, Kolkata -
700051.
ix) Water Body of 22 Khata at B.L.
Mukherjee Road, 9th By Lane/K.K. Ram
Das Road, under North Dum Dum
Municipality, Post Office - Birati, Police
Station - Nimta, Kolkata - 700051
x) Water Body of 13 Khata at
Chowdhury Para Main Road, Nimta,
Ward No.9, North bum Dum
Municipality, Post Office and Police
Station - Nimta, Kolkata - 700049.
xi) Water Body of 18 Khata at Rishi
Bankim Road, Ware No.11 (new) 10
(old), North Duni Dum Municipality,
Post Office - Birati, Police Station -
Nimta, Kolkata - 700051.
- 155- 31
xii) Water Body of 15. Khata at Nazrul Path, Ward No.19 (rinm), North Dum Duni Municipality, Post Office -Birati, Police Station - Nista*, Kolkata 700051.
xiii) Water Body of 140 Khata at
Block No.4, Mahajati Nagar, Jupiter
Developers, Dag No.417 to 423 and Dag
No.359 to 363 and Dag N9.407,
Gouripur Mouza, Ward No.15, North'
Dum Dum Municipality, Post Office -
Birati, Police Station - Airport, KoRata -
700051.
xiv) Water Body of 26 Khata at
Tulshi Bagan, A.P.C. Roy Road, Ward
No.14, North • Dum Dum Municipality,
Post Office - Birati/Kolkata - 700051.
xv) Water Body 9f 26 Khata at
Swamiji Pally, Dag No.605 to 607,
Mouza - Birati, Ward No.14, North
Dum Dum Municipality, Pest Office -
Birati, Police Station - Nimta, Kolkata -
700051.
xvi): Water, Body of 28 Khata at
Pharidpur Pally (Ganesh Dutta Road),
OF
xx) Water Body of 10 Khata, Dag
No.140/1184, Mouza - Gouripur, North
32
Dag No.773, Mouza - Birati, Ward No,10, Mirth Dual Duni twitinaalaialltsa Post Office - Strati, Police Station -
Ninth, Kolkata - 700051.
xvii) Water Body of 15 Khata, Mouza
- Sultanpur, Ward No.18, North Dum
Dum Municipality, Owner Parlith Das,
son of Nakuleswar Das, Adarsha' Pally,
Post Office - Birati, ,Police Station -
Nimta, Kolkata - 700051.
xviii) Water'Body of 37 Khata, Mouza
- Birati, Ward No.18, North Dum Dum
Municipality, Post Office - Birati, Police
Station - Nimth, Dag No.795, 7%, 797,
798, 799, 800, 801, 802,, 803, 804, 805, 806,
„807, 808, 809 at Siddheshwari Bazar,
near Mini Bus Stand.
xix) Water. Body of 19 Khata, Dag
No.1522 and 1523, Monza - Sultanpur,
Ward No.19, North Duin Dum
Municipality, Police Station • - Dum
Dum, Khalishakota Pally, Owner
• Chunilal Mukherjee & Others.
4/2,015"
Signature of the applicant
- I 5 33
Dum Dum Municipality, Ward No.15,
Block - III, Kalabagan, Post 'Office - Dtrati, Police station - Airport, Owner* Tapan Chatterjee and Binoy Shushan
Chatterjee. •
xxi) , Water Body of 15 Khata,
Holding No.55(39), Mouza - Gouripur,
Ward No.15, North Duni Dum
Municipality, Block - III, Kalabagan,
Post Office -Birati, Police Station -
Airport, Owner Sukhamoy Lodh &
Others.
5. To the best of my knowledge, the information sought does not fall
within the restriction contained section 8 and 9 of the said Act and pertains
to your office/ department.
This is to certify that, I Sri Biplab Kumar Chowdhury, son of Late Birendra
Nath Chowdhury, is a citizen of India.
The necessary Indian Postal Order/Court Fees of . Rs.10/ - has been affixed
herewith.
Place Birati, Kolkata
Dated 130/0 2015. Mob No. 9830023486 108, M.B. Road, Purbita, Sukanta.
Sarani, Birati, Kolkata - 700051.
'p
OOVERNMENT OF WEST I3BNGAL OFFICE OF TI DISTRICT MAGISTRATE & COLLECTOR
NORTH 24 PARGANAS, BARASAT R.M. Section (R.T.1. Cell)
Mann No Date: 03/07/2015
I ha FIN() & WC, Law Sue ion North 24 Parganw. Bann:al.
Sub: Seeking information under RTI Act-2005.
Enclosed please find herewith the copys of letter dated o30.06.2015 received from L), I HI lab Kumar Chowdhury socking information under RTI Act 2005 which speaks for ilsJL
You are requested to look into the subject matter of the enclosure and to take steps for Arovid gnu the information to the petitioner directly under an intimation to this end as early as oussAnc.
I n-lo Asstatedabove.
For District Magistrate, North 24 Parganas, Barasat
Memo No. 4,4,40bei-(14-T, ( . Date: 03/07/2015
P4n0 Copy forwarded for information to
07.--.5
Sri Riplah Kumar Chowdhury S/O, LA Birendra Nath Chowdhury, 10S.M B.Road ,Purita. Sukanta Sarani l3irati ,Ko1-700051. frr
For District trate, North 24 Parganas, arasat
- IsJ -
fltnreStiere-- /lr-1S
RI0Gb. POST
Memo.No. 152 /RTI/Bkp 73 /15
To The Executive Officer, North Duna Dum Municipality, 163, M. B. Road, P.O. Birati, Kolkata 700 051
Dated: Oa, 0712014.
Sub: Transfer of application under section 6(3) of Act, 2005
With reference to the above, the undersigned is transferring
herewith letter dated 30/06/2015 submitted by Sri Sigilab Kumar
Chowdhury, son of late Birendra Nath Chowdhury of 108, M.S.
Road, Purbita, Sukanta Sarani, Birati, Kolkata-700 051 Which speaks for itself.
You are requested to provide requisite information as desired
directly to the petitioner under intimation to this end at the earliest,
5A.P.1.0, Office of the Sub-Dialslonal Officer
Barrackpore, North 24-Parganas.
Enclo: As Stated.
No. 152 /1(1)/RTI/BKP dated at/07 / 2015
Copy for information to:- Sri Biplab Kumar Chowdhury, son of late. Birendra Nath
Chowdhury of 108, M.B. Road, Purbita, Sukanta Sarani, Birati, Kolkata-700 051. At\ -0-411.05-
Government of West Bengal Office of the Sub-Divisional Officer Barrackpore, North 24-Parganas
(General Seetion1
Office of the Sub-Divisional Officer Barmir:, North 24-Parganas.
Enclo : As stated above.
gel )209,00,0, sts-4?-.1r
Fonaz.da t eitt 13.4 bzr•
c,A4-cosItok loge 44, A, (Leval R.4.44:&,
k sairs__seeen ,fry•
• For Distric‘
North 24-Parganas,6arasat.
SA* 424—
Sits440amir
- 140 -
190.01C,X4ilt-e—
GOVERNMENT OF WEST BENGAL
OFFICE OFitHE DISTRICT MAGISTRATE
NORTH 214-PAFtGANAS,BARASAT
(DISTRICT LAW CELL)
Memo No._ /Re (2)/XL/Law Date :!4p/07/201S
To
1) The Sub-Divisional Officer
Barrackpore, North 24-Parganas
'2) The Executive Officer,
North DumDum Municipality
North 24-Parganas.
Sub : Regarding information under RTI Act,2005
With reference to the subject mentioned above, the
undersigned is sending herewith a copy of the petition dt.30.06.201S submitted
by Sri Biplab Kumar Chowdhury S/0 Late Birendra Nath chowdhUry of
108,N1 BiloadiPurbita, Sukanta Sarani,Birati, golkata-700051 for information.
You are requested to look into the matter and take necessary
effective steps forthwith from your end and further requested to intimate the
same to the petition directly undqr an intimation to this end as early as possible.
si woe Low co
cirt 24stratiss %LOW*,
No I
- 1 L
Email: adf n248Dvahoo.in
GOVERNMENT OF WEST BENGAL OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES
NORTH 24 PARGANAS, MEEN BHABAN K. N. C. Road, Barnet, Kolkata < 700124
Telephone 4 Fax
033 2552 3530
Memo No : 293
Date: {6,0?, LS
TO
Sri Biplab Kumar Chowdhury,
108, M.B Road, Purbita,
Sukanta Sara ni,
Birati, Kolkata- 700051.
Sub: Intimation regarding your R.T.I. application dated on 30,06.2013. ,
In response to your application under sec.6(1) of LT.1. Act., It Is to Intimate yoU that only designated
SPIO empowered to receive and issue Information under the said Act.
Being the undersigned designated as SAPID, you are requested to approach any of the following
SPIOs to get your required informations:•
1ISPIO8t the Administrative officer, under the Director of. Fisheries Govt. of West Bengal, Meenbhaban
31 G.N. Block, Salt lake city, Sector -V, Kolkata 700091.
2)SPIO& the Deputy Director of Fisheries, Kolkata Zone, 9A esplanade East Kolkata 700069
(-`7----7 • Assistant Director of Fisheries-
North 24Paragnas.
,9,me/vage- PL /1 430r4 NORTH BUM BUM MUNCIPALITY ab
rirtisVi,
M.B.ROAD,BIRATI, KOLKATI 700051 PHONE: (033)2514 - 2101 (033)2514 - 2990
OM • IM Website: http://www.northdumdummunicipality.org E-mail ID: nagabziatkula
'.demo NoeTar asn'imitontuttematiemeamposepaeommaimmeimmaiminiamme.M./PWD/RTV 3,0 D'ated 28,07.2015 T
ri Biplab Kumar Chowdhury S/o Late Birendra Nath Chowdhury Purbita, 108, M. B. Road, Su haute Sarani, Birati, Kolkata -. 700051
Sub : Application U/s 6(1) of the RTI Act, 2005.
Ref : Sri Biplab Kumar Chowdhury, application dated 30.06.2015 received by the undersigned 01.07.2015 at 12-00 noon.
Sir.
Your application dated 30.06.2015 under RTI Act' 2005 has been gone through. The point wise reply for the following
from the SPIO, PWD, has been furnished for your Information:-
k SI.No. Item No. 4. (I)
Reply A direction for stop illegal . filling has been issued vide No.NDDM/PWD/700 dated 12.03.2012 imploding serving copies to all Govt. offices for necessary action.
(ii) No records have been found in the Municipal Office. The applicant is requested to give the details for_givinnrther information. '
•
(iii) The Municipal. Authority permitted the Gun & Shelf Factory to make a master plan showing the position of Road 4 Pond on said land. There was a pond measuring about 20 eottah. The Municipal Authority instructed them not to fill up the pond. Accordingly they submitted the master plan which was approved.by the Chairman on 29.06.2004. • (iv) The Municipal Authority permitted the 'bun & Shell Factory to make a master plan showing the position of Road & Pond on said land. There was a pond measuring about 20 cottah. The Municipal Authority instructed them not to fill up the pond. Accordingly they submitted the master plan which was approved by the Chairman on 29.06.2004.
(v) A direction for stop illegal nil ng 'has been issued vide No.NDDM/PWD/2749 dated 16.10.2009 including serving copies to all Govt. offices for necessary action. The land in question is a low land full of grass and bushes.
(vi) A direction for stop illegal filling . has been issued vide NaNDDM/PWD/455 dated 15.02.2012 including serving copies to all Govt. offices for necessary action. • .
(vii) The depressed land was found full with grass & bushes. The land in question is found in the same condition.
(viii) A direction for stop illegal ' filling has been issued vide No.NDDM/PWD/701 dated 12.03..2012 including serving copies to all Govt. offices for necessary action.
(ix) The land belongs to R.R. department measuring about 4 Cottrth. tong ago. it was filled up on the request of local people to control pollution.
(x) A direction for stop illegal filling has been issued vide
On deposit of requisite fees, hard copy of the information will be given to the applicant.
Thanking you, Ompah
sno, FWD North Duni Dum Municipality
Yours faithfully,
No.NDDM/PWD/1167 dated 04.05.2009 Including serving copies to all Govt. offices for necessary action.
(xi) During Municipal enquiry in the year 2009 it was found that about 5 Kt. of pond was trying to be filled up by the owner, The Municipal Authority issued notices. But the owner filled up the pond ignoring all instructions of the Municipality. Subsequently it was found that the Authority of L & L.R. Department issued conversion order of the tend' and fishery Department gave NOC and declared that the land in question was not coming, under the • purview of W. B. Inland Fisheries Act.
(xii) The pond still exists there. (xiii) Filling of Water body including, land appurtenant was taken up as per
approval of the competent authority. (xiv) A direction for stop illegal tilling has been Issued vide
hlo.NDDM/P WD/543 dated 13.02.2015 including serving copies to all Govt. offices for necessary action.
(xv) A direction for stop illegal filling has been issued vide No.NDDM/PWD/542 dated 13.02.2015 including serving copies to all Govt. offices for necessary action.
(xvi) A direction for stop illegal filling has been issued vide No.NDDWPWD/156 dated 14.01.2015 including serving copies to all Govt. offices for necess.mr action.
(xvii) No such water body filling work noted by the office. Only a portion by the side of tree protection work done. However a notice vide No.NDDM/PWD/2111 dated 06.07.2015 issued to the owner including serving copies to all Govt. offices for necessartaction.
(xviii) No such water body filling work noted by the iffice. (xix) A direction for stop illegal filling hal been IssUed vide
No.NDDM/PWD/1962 dated 23.06.2015 including serving copies to all Govt. offices for necessary action.
(xx) A direction for stop illegal filling has been issued vide No.NDDM/PWD/1384 dated 05.05.2015. including serving copies to all Govt. offices for necessary action,
(xxi) A direction for stop Illegal filling has been issued vide No.NDDWPWD/I317 dated 24,04.2015 including serving copies to all Govt: offices for.necessary action.
Memo No. NDDM/PWD/RTI/ 2 it3,0(2) . Dated :2$.07.2015
Copy forwarded for information to :-
1. The Executive Officer, NDDM 2. Sri Bishnu Charon Him, Draftsman, NDDM — To file.
ae SPIO, PV/t)
North Dum than Municipality
At-notc-natc- Government of West Bengal
Office of the Sub-Divisional Officer, Barrackpore,
Administrative Building, Kolkata-700 120
Memo. No. la, /RTI/Blip Dated a./ 08 / 2015 73, 95/15
To Sri Blplab Kumar Chowdhury, S/o Late Blrendranath Chowdhury, 108, M. B. Road, Purbita, Sukanta Sarani, Birati, Kolkata-700 051 .
Sub: Reply to Appeal dated 04/08/2015,
Please refer to appeal dated 04-08-2014 mentioning non reply to your letter
dated 30/06/2015.
it may be stated here that the matter has been transferred to the Executive
Officer, North Dum Dum Municipality vide this office memo, no. 152/RTI/Bitp dated
08/07/2015 and copy of the said memo has also been sent to you. Hence, allegation. of
inaction on the part of this office Is not tenable. However, atopt,the said memo Is sent
herewith again for your information.
3 k.
.A.P.1.0, Office of the Sub-Divisional Officer,
Barrackpore, North 24-Parganas.
Endo: As stated.
No. /1(1)/RTI/Bkp dated / 08 / 2015.
Copy forwarded to the Executive r Icer, North Dum Dum Municipality, 163, M. B. Road, P.O. Birati, Kolkata-700 051, for info tion and taking necessary action.
S.A.P.I.0, Office of the Sub-Divisional Officer,
Barrackpore, North 24-Parganas.
S.P.LO. &s—i~~L.
Dy. D. .& L.R.O. PNorth 24 aromas, Barasat.
ePhCa
oftinotc,,fts-re— :1231-20 e7:„., Government of West Bengal
Office of the Additional District Magistrate & District Land & Land Reforms Officer
North 24 Parganas, Barasat
'Memo No. 1,15011(12)/24/2015-DL&LRO/121433 dt. 13 .08 2015 10 1: the District Fishery Officer,
North 24 Parganas, Barasat.
The B.L.& L.R.O. Barackpore-11
3) The Chairman, North Duni Dum North 24 Parganas.
Sub : RTI application of Biplab Kumar Chowdhury dated 30.06.2015.
Enclosed please find herewith the original/ copy of RTI application of Biplab Kumar Chowdhury as mentioned above which will speak for itself.
The said application is transferred herewith under Section 6(3) of RTI Act, 2005 with a request to provide the information to the petitioner directly within the stipulated period.
: As stated.
S.P.I.O. & Dy. D.L.& L.R.O. North 24 Parganas, Barasat.
Memo No -15011(12)724/2015-DL&LR0/121433 dt. 13 .08 .2015
✓ Copy forwarded for information to Biplab Kurpar Chowdhury, 5/0- Lt. Blrendra Math Chowdhury of 108, M.B. Road, P.urbIta, Sukanta Srani,'BIrati, Kolkata-700053.. •
/ cc —
i, 07, itimytortate—
GOVERNMENT OF WEST BENGAL OFFICE OF THE DISTRICT MAGISTRATE & COLLECTOR
NORTH 24 PARGANAS, BARASAT R.M. Section (R.T.I. Cell)
Memo No. 422/ XURTI Date; 14 /08/2015
To, Biplab Kumar Chowdhury, s/o: Lt. Birendra Nath Chowdhury, 108, M.B. Road, Puroita, Sukanta Sarani, P.S : Airport, Birati, Kolkata-700051.
Sub: First Appeal under Section 19(1) of the RTI Act, 2005 Ref ; Your letter dated 14/08/2015.
With reference to the subject mentioned above, this is to inform you that your application was received on 03.07.2015 by this office and the reply of that application was sent to you vide this office memo no468/1(1)/XL/RTI dated 03,07.2015. 07.07.2015.
This is for your kind information.
For Distn M istrate, North -Parganas,Barasat.
07
H Yours faithfully,
araalkmo 41/0.9/000-•
From, Thiplab Kumar Chowdhury Residing at 108 M. B. Road, Purbita, Sukanta Saran', P.S. Airport, Kolkata 700051.
7907Y12c
SP NEASIS.5t5121140
IlealitittbilaradatIO TOME Mn0123128 SIEMT,0$ Tel 02.1fir
WO*, Paia90124 • Fil*Ieniq 001C4gt t C1M*14*400.4t itatil .05 09/902015 , 15129 ToZzadis(2,05Stlf:not ,InBilatti:k95ic0011..
Date: 1 9.08.2015
The Authorized Signatory R.M. Section (R.T.I. CelyGovt. of NABI Geoacez kr/0941.44Pos Office of the District Magistrate & Collector, North 24 Palatines P.O. & P.S.- Barasat, District- North 24 Parganas PIN- 700 124
Sub.: Reply to your letter dated 14.08.2015 vide memo no. 622/XL/ RTI, regarding queries u/s 19(1) of the Right To Information, 2005
Ref.: Letter dated 14.08.2015 vide memo no. 622/XL/ RTI•
Sir,
That I had filed First Appeal dated 04.08.2015 u/s 19(1) under Right To Information Act, 2005; against non-reply of information sought under the section 6(1) of the RTI Act, 2005 before the State Public Information Officer (SPIO) Of the District Magistrate, North 24 Parganas, Barasat; vide RTI Application dated 30.06.2015.That under the R.T.I. Act, 2005 the Appellate Authority is duty bound to answer the queries raised by an First Appeal and no other person is entitled to answer the same.
That I have received the above referred letter dated 14.08.2015 vide memo no. 62200,1 RTI, send by you drawing reference to the said RTI Appeal. That it needs to. be here that the letter above referred has no credential and/or authenticity as under the said Act, 2005, Only the First Appellate Authority is obliged to answer the RTI Appeal failing which penal provisions are enshrined under the Act. That the letter above referred cannot be treated as an answer to my RTI Appeal dated 04.08.2015 and thus till date the First Appellate Authority had failed to answer my queries as raised in the said IM Appeal dated 04 08.2015.
That you are not the First Appellate Authority of the District Magistrate, North 24 Parganas, Barasa, therefore you have no authority to send and/or write letter above referred drawing reference to my RTI Appeal dated 04.08.2015.That your act of invoking self-jurisdiction in answering the said RTI Application shows you have vested interest in the queries raised.
In such circumstances I would request you to reply to the instant letter within 3 days from the receipt of the instant letter,
This is letter is without prejudice to any of my rights and contentions.
Thanking you,
Office of the Commissioner of Police, Bidhannagar
Stadium Complex, eats Ne.3 Salt oe Kol o
Memo No. TEDNPO/RTI
To
Biplab Itumar Chowudluw, Sio Late Birendre Math Chowudhry, 108, M. B. Road, Purbita, Sukanta Sarani, Birati Iiolkata.700051,
Sub: Information sought for under RTI Aot, 2005,
Your "reminder' letter dated 28.09.16 addressed to the Coramistener of Police,
RTI Act, 2005 was received on 28.09.2015, Bidhannagar regarding First Appeal dated 04.08.15 and application dated 80.6,25 under
In this connection it is intimated that your application dated 80,06.2015 and •
subsequent first appeal letter dated 04,08,15 was submitted in wrong addrees. The undersigned is the SPIO of Bidhannagar Police Commiasionerate and any application seeking information under RTI Act be addressed to the undersigned,
However, information furnished by the Oflicer•in•Charge, Airport Police Station in response to your RTI application dated 30.06.2015 is given below:
Si. No. (a) to (f) • No recorded information is available. •
This disposes your application dated 30,06,16 and appeal petition dated 04,08.15.
Dated 07/10/2025
•Dy. Com si
State Public Inform hi= Bidhannagar Police Corturtissionerate
Penotentree— rc--ey Dy. Commissioner of Police (HQ) & SPIO,
Barrackpore Commissionerate.
Memo No 4.2iCg /R AS, Dated : 22/10 /2025 ,
To Shri Biplab Kumar Chowdhury. S/0-1.,t Birendra Nath Chowhury, 108, MB Road, Purbitapukanta Saroni, Dirati, Kol-700051
Sub:- Information sought for under RTI Act, 2005, by the petitioner Shri Biplab Kumar Chowdhury.
Ref:- Your RTI Application Dated 18.09.15
With reference to the above, this is to inform you that a report submitted by Shrl
Nirupam Ghosh, OC Nimta PS, under Barrackpore Police Commissionerate containing the
information as sought for is sent herewith for your perusal.
This is also to inform you that the Commissioner of Police, Barrackpore Police
Cornmisslonerate is the 1.9t Appellate Authority.
Dy. Commissioner of Police (1-1Q) & SPIO,
Barrackpore Conimisalonerate
To The Deputy Commissioner of Police (HQ) Barrackpore Police Commissiohetate.
Through proper channel
Ref: Your kind office memo no,803/R/I5 Dated: 23/09/2615,
Sub: RTI Report on petition of Biplob Chowdhury.'
Sir, In returning herewith the original memo along with report
a i) No, such information /,'complein as yet been received atNimta PS in this matter of filling up .water body by at Nani Saha Sarani, Majharhati Water Tank, Ps-Nimta. On local. enquiry nothing adverse detected.
ii) No such information complain as yet been received at Nimta PS in this matter. of filling up water body at-Swami V iyekahanda Road, PS-Nimta. On local enquiry nothing adverse detected.
iii) No such information I complain as yet been received at Nimta PS in this matter of filling up water body at Pratiraksha Nagar, PS:-Nimta. On Ideal enquiry nothing adverse detected.' ' .1
iv) No such information / complain as yet been received at Nimta PS in this matter of filling up water body at Pratiraksha Nagar:„L. PSrNimta. On local enquiry nothing adverse deiected.
v) No such information / complain as yet been received atNimta PS in this matter of filling up watembociy,, by Sree Birem Roy gpowdhury, a Swat* Vivekananda Road, 1s ` by lane. PSNiMth., Qmlocal enqqig nothing ,,adverse
detected. .
vi) No such information complain as yet been receiyed at Nimta PS in this matter of - filling, up , water ho,dy, by. tSink, TiiMi ChOwdhu,ty l at't Swami, Yivekananda P,;oad, PS-Nimta, On local enquiry nothing adverse detected.
' r
s per point
vii) No such information / complain as yet been received at Nimta PS in this matter of filling up water body by Mamata Paul at Swami Vivekananda Road, PS-Nimta. On local enquiry nothing adverse detected,
viii) No such information / complain as yet been received at Nimta PS in this matter of filling up- water body by Kali Prasad Guha & Smt. Kakoli Das at Swami Vivekananda Road,: PS-Nimta. On local enqUiry nothing adverse detected.
ix) No such information / complain as yet been received at Nimta PS in this matter of filling up water body at B.L Mukharjee Road, 9 by lane/ K.K. Ram Das Road, PS-Nimta. On local enquiry nothing adverse detected.
x) No such information i complain as yet been received at Nimta PS in this matter of filling up water body at ChoWdhury Para Main Road, PS-Nimta. On local enquiry nothing adverse detected.
xi) No such information / complain as yet been received at Nimta PS in this matter of filling up water body by pitOi Bapkim Chandra road, PS-Nimta. On local enquiry nothing adveise detected..
xii) No such information / complain as yet been received at Nimta PS in this matter of filling up water body at Nairn! Path Word No-13, PS-Nimta. On local enquiry nothing adverse detected.
xiii) The place of occurrence falls under the jurisdiction of Airport Police Station, Detail may be obtained from this PS.
xiv) No such information complain as yet been received at Nimta PS in this matter of filling up, water body at Tulshi Bagan A.P.C Road, PS-Nimta. On local enquiry nothing adverse detected.
xv) No such information /complain as yet been received at Nimta PS in this . matter of filling up water body at Swaraiji Pally, PS-Nimta. On local enquiry
nothing adverse detected.
xvi) No such information / complain as yet been received at Nimta PS in this matter of filling up water body at Pharitpur Pally, (Ganesh Dutta Road) PS-Nimta. On local enquiry nothing aciverse detected.
xvii) No such information / complain as yet, been received at Nimta PS in this matter of filling up water body by Partha Das Sic) Nakuleswar Das of Adrasha Pally, PS-Nimta. On local enquiry nothing adverse detected.
xviii) No such information ( complain as yet been received at Nimta PS in this matter of filling up water body at Shideswar Bazar, Near- Mini Bus Stand, PS-Nimta. On local enquiry nothing adverse detected.
xix) The place of occurrence falls under the jurisdiction of Dum Dum Police Station. Detail may be obtained from this PS.
xx) The place of occurrence falls under the jurisdiction of Airport Police Station. Detail may be obtained from this PS.
xxi) The place of occurrence fails under the jurisdict on of Airport Police Station. Detail may be obtained from this PS.
b, (i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(xi)(xii)(xiv)(xv)(xvi)(xvii) (xviii) No such information / complain as yet been received at Nimta PS in this matter of filling up water body. •
b) xiii xx xxi The place of occurrence falls under the jurisdiction of Airport Police Station.
b) xix The place of occurrence falls under the jurisdiction of Dum Dum
Police Station..
b. c) (i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(xi)(xii)(xiv)(xv)(xvi)(xvii) (xviii) No such information / complain as yet been received at Nimta PS in this matter of filling up water'body. On local enquiry nothing adverse detected.
c) xiii xx xxi The place. of occurrence falls under the jurisdiction of Airport Police Station. Detail may be obtained from this PS.
c) xix The place of occurrence falls under the jurisdiction of Dum Dum Police Station. Detail may be obtained from this PS.
173 -
c. d) (i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(Xi)(xii)(xlv)(xv)(xvi)(xvii) (xvni) No such information / complain as yet been received at Nimta PS in this matter of filling up water body. On local enquiry nothing adverse detected.
d) xiii xx xxi The place of occurrence falls under the jurisdiction of Airport Police Station. Detail may be obtained from this PS.
d) xix The place of occurrence falls under the jurisdiction of Dum Dum Police Station. Detail may be obtained from this PS.
e) (i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(xi)(xii)(xiv)(xv)(xvi)(xvii) (xviii) No such information / complain as yet been received at Nimta PS in this matter of filling up water body. On local enquiry nothing adverse detected.
e) xiii xx xxi The place of occurrence falls under the jurisdiction of Airport Police Station. Detail may he obtained from this PS.
e) xix The place of occurrence falls under the jurisdiction of Dum Dum Police Station..Detail may, be obtained from this PS.
This is for your kind perusal.
Yours faithfully,
L.\ Po12.2r‘ afisli
11.43 20 0/c: Nim,th:
c InsPstctoHn•Cliatod xl Nimta P.S.
B.K. Pore cornnissioneratO
- 34/
ore...xCate—P
Date 23.09.2015
To The State Public Information Officer and Office Superintendent North Dum Dum Municipality, North Dum Dum Municipality,.Birati, under the Right to Information Act; 2005, Office of the North Dum Dum Municipality, 163, M.B. Road, Birati, Kolkata - 700051.
Subject : Application under Section 6(1) of the Right to. Information Act, 2005.
1. Name of the Applicant : Biplab Kumar Chowdhury
Son of Late Birendra Nath Chowdhury.
2. Address
• 108, M.B. Road, Purbita, Sukanta Sarani
Birati, Kolb* - 700051.
3. I.D. No.
4. Information sought for Please supply me the detailed
information alongwith supporting
relevant record and documentary
evidence according to the record of the
Department towards necessary steps
against continuous illegal filling of the
Water bodies from a long period against
public complaint continuously to
protect public interest properly. The
necessary cost for supply of document
should be paid according to the Right to
Information Act, 2005.
757 -
2
a) Please supply me the detailed information as to whether the concerned department had- been resist/stop the
illegal filling of water body a flowing
again public complain of 4 nos.
dated 31.08.2015 and 03.09.2015,
received ontl fl Organ and o Oman'
(1) One Shree Salil Saha and Others of
Khalishakota Pally, Near 'Ohara@ Milan
Sangha, Police Station - Dum Duart,
Birati, Kollcata - 700051 are taking steps
to fill up water body about 22 Cottahs in
Ward N0.19, under Sultanpur Mouza of
North Dum Dum Municipality illegally
and unauthorizedly and attempts are
being made to convert and change the
nature and character of land for
development purpose.
00 One Blue Pratul Chandra Sen, Son of
Late Tarani Kumar Sen, of S.V. Road,
Sukanta Pally, Police Station - Nimta,
Birati, Kolkata - 700051, are taking steps
to fill up water body about 10 Cottahs in
Ward No.20, under Birati Mouza of Dag
3
No.306, North Dum Dual Municipality
illegally and unauthorizedly and
atteirtpts are being made Ito convert and
change the nature and character of land for development purpose.
(iii)Some one personsisrdOearde ere
taking steps to fill up water body about
103 Kottahs in Ward No.19, under
Sultanpur Mouza, Dag N.1908, 1909,
1910, 1911, 1912, 1932, Police Station -
Duni Dtun, Post Office - Italgacha,
Kolkata - 700079 under North Dum
Dum Municipality illegally and
unauthorizedly and attempts are being made to convert and change the nature
and character of land for development
Purpose, which is criminal offence and
as well as against the court of law
accordingly. •
(iv) One Mr. Prankrishna Das, son of Late
Upends Kisor Das of Chandpur Pally,
Police Station - Airport, Post Office - Rajbari Colony, Kolkata - 700081 are
taking steps to fill up water body about
4
26 Kotthas in Ward No.19, under
Sultanpur Moue' under • North Dura Dum Municipality illegally end
unauthorizedly and attempts are being
made to convert and change the nature
and character of land for development
purpose, which is criminal offence and
as well as against the court of law
accordingly.
5. To the best of my knowledge, the information sought does not fall within the restriction contained Section 8 and 9 of the said Act and pertains
to your office/ department.
This is to certify that, I Sri Biplab Kumar Chowdhury, son of Late Birendra Nath Chowdhury, is a citizen of India.
The necessary ladiah-Restahenter7Court Pees of Rs.10/- has been affixed
090,15-
Signature of the applicant
(Biplab Kumar Chowditte 108, M.D. Road, Purbita, Buicanta Sarani,13irati, Kolkata - 700051, Mob No. 9830023486.
herewith.
Place : 'Strati, Kolkata Dated : 23.09.2015.
BRIO, North Dum Dum Municipality
Firemesstatec 6 # .
44.0vgiumc
z42. ke,
4. 0 NORTH DUM DIM MUNICIPALITY e 163, M.B.ROAD,BIRATLKOLIIATA • 700051 o e PRONE: (033) 2514 - 2101 / 2514 . 2494, FAX. (033) 2514 - 2990
Websito: http://www.norrbduradummunicipality.org E-mail ID: gddmboetbsitpu
um No. NDDIWPWD/RTI/ Dated t 29.10.2015
Ref : Sri Biplab Kerner Chowdbury, application dated 23.09.2015 received by this office on 24.09.2015 and received by the undersigned on 30.09.2015 .
Your application dated 23.09.2015 under RTI Act' 2005 has been gone through. The point wise reply for the following from the SPIO, PWD, has been furnished for your information:-
SIN°. Item No. Reply 4. (a)(i) So far information received, there is no Pond recorded in the land of Sri Saill Saha & others in Ward No.19. HoWever a bank filling permission has been given to them
(ii) A direction for stop illegal filling has boon issued vide No.NDDM/PWD/2602 dated 11.08.2015 including serving copies to all Govt. offices for necessary action.
(iii) On enquiry dated 16.102015, it is found that no filling works has yet been started on the locality as mentioned by you. You are requested to give the name of the owner for specific action in this respect on the basis of assessment record in the Municipality.
(iv) A direction for stop illegal filling has been issued vide No.NDDM/PWD/3260 dated 13.10.2015 including serving copies to all Govt. offices for necessary action.
On deposit of requisite fees, hard copy of the information will be given to the applicant.
Thanking you, Yours faithfully,
SPIO, PWD North Dum Duna Municipality
INDDIVI/PWD/RTI/ S 3 cl Dated: 0. cs— Copy.torwarde r information to :-
1. The Execute fficer, NDDM 2. Sri Bishnu Charan Draftsman, NDDM — To file.
Ciro • 10TO
To Shri Biplab Kumar Chowdhury S/o Late Birendra Nath Chowdhury. 10R, M. B. Road, Purhita, Sukanta Sarani, Birati, Kolkata - 700051
Sub : Application U/s 6(1) of the RTI Act, 2005.
Sir,
-
Arnincx WIC -'101-.27 Dated :16.11.2015
Tr 1 he State Public Information Officer and Assistant Engineer, Public Works Department, Under Right to Information Act, 2005 of The North Dum Dum Municipality, 163, M.B. Road, Birati, Kolkata - 700051.
Sir,
Subject : Proper information and record under Right to Information Act, 2005.
Reference : Your Memo No.NDDIWPWED/RTI/3351 dated 29.10.2015.
I draw your attention that you had failed to send proper assessment
and amount of payment regarding supply of relevant documentary
evidence according to Right to Information Act, 2005 agaisnt my
application dated 23.09.2015. In this connection I like to record agaisnt
your information according to SI. No. and itemwise vide your letter
no.NDDM/ PWD/ RTI/ 3351 dated 29.10.2015 in reference my application
dated 23.09.2015 under Right to Information Act, 2005.
SI. No. Item No. Description
4 a(i) The actual name of the owner of the water body
of Mr. Sachin Saha, Khalishakota Pally, near
Bharati Milan Sangha, Ward No.19, Police Station
- Dum Dum,area of Water Body - 22 Cottahs.
Where was the concerned police station are not
yet received any complain/order/direction from
your end to stop the said illegal filling of water
body. Copy enclosed.
4 a(ii) The Government Authority like local police
station of the said water body is Nimta Police
Station are not yet received any order/request
from your end towards resist illegal filling of
water body according to under Section 45 of the .7
azted-ekone-11
2
West Bengal Town and Country Planning Development Act. Copy enclosed.
4 a(hi)
The enquiry dated 16.10.2015 is totally false and baseless of your department. The illegal filling of water body is till running as on date. However, I like to record the name of theAsaid water body is Mr. Kartik Chandra, dag No, 1900, 1908, 1909, 1910, 1911, 1912, 1932, 1933, Mouza Sultanpur,
Police Station - Dum Dum, Post Office - Italgacha, under North Dum Dum Municipality.
The necessary police report enclosed herewith agaisnt your false information under Right to Information Act, 2005.
a(iv)
The direction for stop illegal filling of the said
water body is not according to the information of
the Deputy Commissioner of Police (H.Q.) of the Bidhan Nagar Police Commissionerate. The fact is that the Airport Police Station is riot yet received
and information and request to stop the said illegal filling of said water body from the North
Dum Dum Municipal Authority according to the under Section 17A of Island Fisheries Act.
Under this circumstances I would request to you in further to issue
the proper information agaisnt my application dated 23.09.2015 with all
relevant documentary evidence according to the Right to Information Act,
2005 at your earliest and oblige.
Thanking you, Yours faithfully, n
(Biplab Kumar Chowdhury) 108, M.B. Road, Purbita, Sukanta Sarani, Birati,
Kolkata - 700051.
Y„ours faithfully,
Inge thrPharge
1 tic Pore Oemelssionerare
— 53g9iir
to The Deputy Commissioner of Police (HQ) Barrackpore Police Commissionerate.
Through proper channel
Ref: Your kind office memo no-823/12/15 Dated: 6140/2015.
Sub: RTI Report on petition of Biplob Chowdhury.
Sir. In returning herewith the original memo along with detail report as per point.
a. i) The place of occurrence' falls under the jurisdiction of Dum Dunn Police Station. Detail may be obtained from this PS.
ii) No such information / complain as yet been received at Nimta PS in this matter of filling up water body by Protul Chandra Sen Ste Lt. Taruni Kr. Sen of S.V Road, Sukanta Pally, PS-Nimtar, On 'local enquiry nothing adverse detected.
iii) The place of occurrence falls under the j'irisdiction,of Dum Dum Police Station. Detail may be obtained froM•this PS
iv) The place of occurrence falls unde,r thedurOicfqn of Airport Police Station. Detail may be obtained from this Ps'.:
This is for your kind perusal.
Chair North Dum Dum Municipality
Dated z3, ,IS-
hairman North bum Dum Municipality
- °UM .4 1p,$ CV% 4%
xm tct
Cr. • [STD • ins
NORTH DUM BUM MUNICIPALITY hww°247̀ . 163, IVLB.ROAD, B1RATL KOLKATA • 700051
PHONE: (033) 2514 - 2101 / 2514 - 2494, PAX - (033) 2514 - 2990 Website. http.//www.northdumdummuulcipality.org
E-mail ID: addinboe@banLin
Memo No. NDDM/PWD/ I 2 Date: p. (7-4" • Ar re Sri Churn lal Mukherjee & Others Kholisakota Pally, Ward No.19, P.S. Dum Dum, Mouza — Sultanpur.
Sub : A direction to Stop illegal filling of a Water Body.
It is reported that you are fining a Water Body, at Kholisakota Pally, Dag No..1522 & 1523 Mouza - Sultanpur, Ward No 19. It is Illegal under relevant provisions of Town and Country Planning & Development Act, 1979, West Bengal Municipal Act,1993 as well as Inland Fisheries Act 1984.
As it is deemed to be willful violation of the abovekald act the Municipal Authority reserves the right to take legal action against you.
So you are hereby directed to stop Such unauthorized and illegal works immediately and see the undersigned in his chamber with all relevant documents (he. deed, deeds site plan etc.) within 3 (three) days from the date of receipt of this letter.
No.NDDM/PWD/ tGj g
Copy forwarded for information and with a request to take necessary action to :-I. The District Magistrate, North 24 Pgs., Barasat 2. The Sub-divisional Officer, Barrackpore., North 24 Pgs., 3. The Asstt. Director of Fisheries, Meen Bhaban, Barasat, North 24 Pgs. 4. the Law Officer, Govt. of West Bengal, Department of Environment, Writer's Buildings,.
Block — 0, 20° Floor, Kolkata -700001. 5. The Ward Councillor, Ward No.19 6./The Inspector-in-Charge, Duml3um P.S.
Sitniplab Kumar ChowdhurA 108, M. &Road, Purbita, Sukanta Samni, Bimti,
- 23 Dated :29.10.2015 -
110122 -01407S V---3,
To • 1. The Chairman, North Dum Dum Municipality,
163, IvI.B. Road, Birati, Kolkata - 700051.
2. The Board of Councillors, North Dum Dum Municipality, 163, M.B. Road, Birati, Kolkata - 700051.
3. The Inspector-in-Charge Nimta Police Station, Birati, Kolkata - 700051
4, The Assistant Director of Fisheries, North 24-Pargartas, Post Office and Police Station - Barasat, District - North 24-Parganas, PIN - 700124.
5. The Block Land and Land Reforms Officer, Barrackpore-B.T. Road, Panihati, Sodepur, North 24-Parganas, Kolkata - 700110.
In Re : Illegal filling up of water bodies about 55 Khatas of land in Ward No.18, under Sultanpur Monza, Adarsha Pally, Police Station - Nimta, Post Office - Birati, Kolkata • 700051 under North Duro Dum Municipality.
Dear Sir/Madam,
This is to bring to your kind notice that L Biplab Kumar Chowdhury, being a public spirited citizen and a resident of 108, M.B. Road, Purbita, Sukanta Sarani, Buati, Kolkata - 700051 under North Dum Dum Municipality, Ward No.18 is highly perturbed by the manner in which the water bodies are being illegally filled up in North Dum Dum Municipality. Receritly it has come to my notice that Mr. Dhakkina Ranjan Mazumder, son of Bludatosh Mazumder & others of Adarsha Pally, Ward No.18, under North Dum Dum Municipality, Birati, Kolkata are taking steps to fill up water body about 55 Kottahs in Ward No.18, under Sultanpur Mouza under North Dum Duni Municipality illegally and unauthorizedly and attempts are being made to convert and change the nature and character of the said land for development purpose.
You are well aware that under Section 17A of the Inland Fisheries Act, no person shall fill up any water area measuring 5 Cottalts or more with the view to convert the same into solid land for the purpose of construction of building or divide any water areas into parts so as to make any such part m2.60441(08 than
94.4- 11.0eadta afinerai
Mtawa+e'nenniaimegeall' a4Plin. bps,
—104 —
5 Cottahs or 0.035 hectare which is a punishable offence under the Act In the
instant case the owners of the aforesaid plot are illegally filling up water bodies measuring more than 55 cottahs for
selling out the same or making construction of building thereon thereby changing the nature and character
of the land.
You are also aware that under Section 45 of the West Bengal Town and Country Planning and Development Act, no development, institution or change of use of any land shall be undertaken or carried out in that area without obtaining permission in writing and without obtaining a certificate from the concerned authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable. In the instant case the water bodies are illegally filled up illegally without complying with the provision of the Act.
It is further brought to your kind notice that illegal filling of water bodies by pouring and dumping rubbish and waste materials in the aforesaid plot of land has resulted in environmental pollution by polluting the entire atmosphere and adversely affecting the life of the inhabitants of the locality.
Similar instances of illegal filling of water bodies in Holding no.233/429; ARC. Roy Road, Ward No.13 (now Ward No.14), Police Station - Nimta of North Dum Dum Municipality have been brought to your notice also but no positive steps was taken for which myself and some other local inhabitance filed a public interest litigation before the lionible High Court being W.P. No.13305 (W) of 2011 followed by a contempt application being W.P. CRPN/1778 of 2013.
Under such circumstances you are requested .(to register the instant complaint and take necessary steps to stop the illegal filling of Water bodies and also against the persons directly or indirectly involved in committing or facilitating the commission of the alleged offence in the interest of the nation and securing the safety and security of the public at large.
You are also requested to. take immediate steps in this regard and positively within 7 days from the date of receipt of this lettei.
Thanking you,
Yours faithfuli Cgridre
(B .
meiS iplab Kumar .w,, 103, M.B. Road, Purbite, Sukanta Saran', 13irati,
Kolkata - 700051.
1g5
mmexcerc-131-3/ Date: 28.10.2615
1) The Chairman, North Dumdum Municipality 163 M.B. Road, Birati, Kolkata-700051
2) The Board of Councilors, North Dumdum Municipality, 163 M.B. Road, Strati, Koikata-70004-
3) The Inspector-in-Charge; Airport Police Station, Airport, Kolkata-70005%
4) Assistant Director of Fisheries, North 24 Parganas P.O. & PS.: Barasat, North24 Parganas, PIN-700124
5) Block Land & Land Reforms Officer Barrackpore-II BT. Road, Panihati, Sodepur, District: North 24 Parganas, Kolkata-700110
In Re.: Illegal filling up of water bodies about 33 Khatas of land ward no under Suitanpur Mouza, Chandpur Pally, Police Station: Airport, Post Off1W. Relbarl, Kolkata-700031 under North Dumdum Municipality.
Dear Sir/Nladam,
This is to bring to your kind notice that I, Biplab Kumar Chowdhury, being a public spirited citizen and of 108 M.B. Road, Sukanta Sarani, Strati, North 24 Parganas, Kokata 700051 under North Dumdum Municipality, Ward. no-13; Is highly perturbed by the manner In which the water bodies are being illegally.filled up in North Dumdum Municipality. Recently it has come to my notice that a group of local people/miscreants of Chandpur Pally, Ward no. 19, P.O.: Rajbari Colony, P.S.: Airport, Kollcata-700081; are taking steps to fill up water body about 33 cottahs at Chandpur Pally, Amal(basgupteBabu Bagan in Ward no 19, under Sultanpur Mouza of North Dumdum Municipality illegally and unauthorizedly and attempts are being made to convert and change the naturwd character of land for development purpose But according to the record of the DL&LRO, the name of the owner of the water body is Amai Dasgupta and nature of the land is water body.
You are well aware that under Section 17A of the Inland Fisheries Act, no person shall fill up any water area measuring S cottahs or more with the view to convert the
same into solid land for the purpose of construction of building or dividing any water area into parts so as to make arty such part measure less than 5 cottahs or 0.035 hectare which Is a punishable offence under the Act. In the Instant case the owners of the aforesaid plot are illegally filling up water bodies measuring more than 33 cottahs for selling out the same or making construction of building thereon thereby changing the nature and character of the land.
You are also aware that under Section 45 of the West Bengal Town and Country Planing and Development Act, no development, institution or change of use of any land shall be undertaken or carried out in that area without obtaining permission-in writing and without obtaining'a certificate from the concerned authority certifying thatithe development charge as leviable under this Act has been paid or that no such developMent charge Is leviable. In the instant case the water bodies are illegally filled up illegally without complying with the provision of the Act.
To,
if,Aff 4.kal'atO.Q693ltk Carder liall.B%CprietW yoffE,g.063T,ER ER f19E,BPAA IT
IrItvm, ':PTNa 124 getfRY:/,
30t10/2015 Taxeadis.2.0&arad:. on mwandiapost.gov,
It Is further brought to your kind notice that Illegal filling of water bodies by pouring and skimping rubbish and waste materials in the aforesaid plot of land has resulted in environmental pollution by polluting the entire atmosphere and adversely affecting the
life of the inhabitants of the locality.
similar Instances of Illegal filling of water bodies In Holding no 233/429, A.P.C. Roy Road, Ward No 13(now ward no 14) Police Station Nimta of North Dumdum Municipality have been brought to your notice also but no positive steps was taken for which myself and some other local Inhabitance filed a public Interest litigation before the Hon'ble High Court being W.P. No. 13305(W) of 2011 followed by a-contempt aPplIcatIon
being W.P. CRPN/1778 of 2013:
Under such circumstances you requested to register the Instant,
compliant and take necessary steps to stop the illegal-Mktg of. water- bodies and also
against the persons directiy or indirectly involved In committing or facilitating the commission of the alleged offence In the Interest of the nation and securing the Safety and
security of the public at large.
You are also requested to take Immediate steps In this regard and positively
within 7 days from the date of receipt of this letter.
Thanking You
STRATI amt. _ NM6.419 6U4Cg
Canker ibkodedel)
itninetteallPfa..*.,BTth )(aka .0001.10 -
FronEgiltAk tia
40thevioo adc 42;15 nxesdis.2.00/4r qp
Yours faithfully .are,t
..9.9 Ao/Sems.1 aid-A lianan .
BIPLAB. KUMAR CHOWDHURY 108, M.B.Road, Purbita,Sukanta Saran', !Watt Kolkata 700051
rn*CX Line_ - NORTH DIN /
oo WM AL1TY . . •
ifa,:fastanim7, PRONE' (093) 21.0119111, %baiter Istgui
Memo No. NDDM/PWL)L.
To Mis K. K. Infrade0.9vt. Ltd.. Director — Mr. Subra
6) ta iCanttgad.
Holding No.183(I09, Chandpw Pally, Ward No.19, P. S. Airport.
Sub : A direction to Stop illegal Oiling eta Water Body
It is reported that you ato.fdling a Watt' Body, at Holding No.; 834494 alandPur Pithy, Ward No.I9, P.S. Airport. Das No.906121111/4 k80 „ _ Khakan No. 1
923,1924,1925 Mouza — &Monogr. It is illegal UndersVpt 'VA% country planning & development aot,1979 as well as Vint '1993 As it Is deemed to be willful violation of the above said act the reserves the right to take logal action 'against you. ' Municipal Authority
So you are .hereby directed to stop suph unauthorized and'illegel Works Immediately and see the undersigned in his chandler with
411 r414vallt 4009111e9tk (i41 deed, clOidi site Plan etc.) within 3 (three) days from the date of receipt of this letter. •
' yours faithfully,
No.NDDM/9WD/..4A7C17)
Copy forwarded for information and with a request to:take m 54 .1. The District Magistrate, Nortb 24 Pgs,, Baron itoessary 1013 to;:-
2. The Sub-divisional Officer; Bturackpore.,,North 24 ?gni • 3. The Asstt. Director of Pisheties. Meal Shaken. BareOatHoit1124 Pga• 4. The Law Officer, Govt. of West Bengal, Departropc of pavironniont, Pollution Control Board, I QA, LA Block, Sector —111, Salt Lake City, BoUraut 400014. 5. The hIspector-in-Charge, Airport P.S. * 6. e Ward Councillor, Ward No 19
YY Sri Biplab Kr. Chowdhury, 108, M. B. Koad, Purbita, Sulcanta.Samni, -51.
North DUm
I
To - 82 -
6. The District Land and Land Reforms Officer, North 24 Parganas, Barasat- 700124
7. The Assistant Director of Fisheries, Meen Shahan, Barasat, 700124
L11-ga-Divisional Officer, Barrackpore Barrackpore, North 24 Parganas, PIN- 700120
1. he Chairman,
7 North Dum Dum Municipality, r 40
•
163, M.B. Road, Birati, Kolkata- 700051
he Board of Councillors. • North Dum Dum Municipality,
163, M.B. Road, Birati, Kolkata- 700051 3 e Executive Officer,
North Dum Dum Municipality North 24 Parganas, 700051
4. The Director, • Directorate of Fisheries, Meen Salt Lake, Kolkata - 700091
5. The District Magistrate, North 24 Parganas, Barasat - 700124
Bhawan,
•
9. The Block Land and Land Reforms Officer, . Barrackpore-II, B.T. Road, Panihati, Sodepur, North 24-Parganas, Kolkata- 700110
10. The Commissioner of Police, Bidhannagar
Bidhannagar. Police Corrnissionerae, Salt Lake, Kolkata 7000.9$.
11.
To - 82 -
The District Land and Land Reforms Officer, North 24 Parganas, Barasat- 700124
The Assistant Director of Fisheries, Meen Shahan, Barasat, 700124
L11-ga-Divisional Officer, Barrackpore Barrackpore, North 24 Parganas, PIN- 700120
1. he Chairman,
7 North Dum Dum Municipality, r 40
�
163, M.B. Road, Birati, Kolkata- 700051
he Board of Councillors. � North Dum Dum Municipality,
163, M.B. Road, Birati, Kolkata- 700051 3 e Executive Officer,
North Dum Dum Municipality North 24 Parganas, 700051
The Director, � Directorate of Fisheries, Meen Salt Lake, Kolkata - 700091
The District Magistrate, North 24 Parganas, Barasat - 700124
Bhawan, 31 GN Block, Sector - V,
�
I
The Block Land and Land Reforms Officer, . Barrackpore-II, B.T. Road, Panihati, Sodepur, North 24-Parganas, Kolkata- 700110
The Commissioner of Police, Bidhannagar Bidhannagar. Police Corrnissionerae, Salt Lake, Kolkata 7000.9$.
The Deputy Commissioner of Police(
Salt Lake, Kolkata 7000.9P. 12. The Commissioner of Police,
Barrackpore Police Commissionerate Barrackpore, Pin- 700120
13. The Deputy Commissioner of Police(I4Q),
Barrackpore Police Commissions-ate Barrackpore, Pin- 700120
14. The Inspector-in-Charge, Nimta Police Station, Birati, Kolkata- 700051
\_)<rhe Inspector-in-Charge, Airport Police Station, Airport, Kolkata- 70005&.
16. The Inspector-in-Charge, Dum Duna Police Station, Duna D Kolkata- 700028
31 GN Block, Sector - V,
- [2,9
SS- Request to prevent illegal filling up of water bodies in and around North Dum Dum Municipality.
Dear Madam/Sir/s,
I Biplab Kumar Chowdhury, son of Late Birendra Nath Chowdhury of 108
state the following:- M.B. Road, Purbita, Sukanta Sarani, Birati, Kolkata, 700051, would like to
I am a peace loving and law abiding citizen of India. I am 56 years old
family man having a wife and a daughter and a son. I am a social worker and an activist in respect of the Right to Information Act. I have been raising several issues
of public importance over a considerable. period of time. Upon my applications, inter alia, the Hon'ble National Green Tribunal and the Hon'ble High Court at Calcutta have
issued important guidelines. and orders with respect to illegal lifting of sand from river bed and illegal filling up of water bodies, which are of great benefit to the public at large. Copies of some of the orders of the Hon'ble National Green Tribunal and the Hon'ble High Court are annexed herewith and marked as Annexure A.
I was highly perturbed by the manner it which the water bodies are being illegally filled up in various parts under the North Dim Dum Municipality, Under section 17A of the Inland Fisheries Act, no person shall fill up any water area with the view to convert the same into soiled land for the purpose of construction of building or within the jurisdiction of .
any Municipal Corporation or any Municipality, divide any water area into parts. Pt violation of any of these is punishable offence under the Act.
The owners of various plots located under the North Dumdum Municipality area are illegally filling up the water bodies thereby changing the nature and character of the land.
Under section 45 of the West Bengal Town and Country Planning and Development Act, no development, institution or chEinge of use of any land shall be undertaken or carried out without obtaining permission in writing and without obtaining a certificate from the concerned authority certifying
no such development charge is leviable. that the development charge as leviable under the Act has been paid or that
Under Rule 8(3) of the West Bengal Municipal (Building) Rules, 2007, no canal, pond, water body, wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall be filled up provided that after taking due consideration of
the existing relevant Acts, the drainage Slope, slip, landslide, ecology, culture, environment, pisciculture, firefighting or any other material consideration, and for reasons to te recorded in writing by the Board of Councillors with the prior approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain area to be filled up.
I came to know from various sources that different waterbodies are being filled up at various parts in and around North Duni Dum Municipality area by various land owners and miscreants.
On/ 30th June 2015 I made an application under the Right to Information Act before the North Dum Dum Municipality and the Assistant Director of Pisherie& North 24 Parganas inter alia, seeking information as to steps taken by the Municipality with respect to illegal filling up of water bodies of:-
16 Khata at Nanisaha Sarani, Western Side of Majarhatbwater tank and adjacent °f at Pratharnik Vidyalaya, Ward No. 25, North Dum Duni
Municipality, Post Office- Birati, Police Station- Nimta, Kolkata- 700051.
10 Khata at Swami
Kolkata-
Vivekananda Road, 7th By Lane, Ward No. 20 (new),
700051. North Dum Own Municipality, Police Station- Nimta, Post Office Birati,
20 Khata at Pratiraksha Nagar under Uttar Nimta Monza, Dag No. 8120,
and Police Station- Nimta, Kolkata 700049. 8121, Ward No. 11 (new) 10 (old), North Dumdum Municipality, Post Office
60 Khata, at Pratiraksha Nagar under Uttar Nirnta Monza, Dag No. 8122, 8123, 8124, 8125, 8126, 8127, 8128, 8129, 8139 Ward No. 11 (new) 10
Kolkata 700049. (old), North Dumdum Municipality, Post Office and Police Station- Nimta,
20 Khata, owner Sri Barin Roy Chowdhury at Swami Viyekananda Road,
Police Station Ninaa, Kollcata 700051. 1st By Lane, Ward no. 20, North Dum Dum Municipality, Post Office Strati,
13 Khata, owner Smt. Tripti Chowdhury at Swami Vivelcananda
Police Station Nimta, Kolkata 7 By Lane,Ward no. 20, North Dum num Municipali
Road, 6th 00051. ty, Post Office Birati,
15 IChata, owner Mamta Paul at Swami Viyelcanada Road, 7th By Lane, Station arta, Kolkata 700051. Ward no. 20, North Dum Dum Municipality, Post Office Baran, Police
14 Khata, owners Sri Kali Prasad Guha and Smt. Kakuli Das at Swami Vivekananda Road, 10th By Lane Ward no. 20, North burn bum Municipality, Post Office Birati, Police Station Nimta, Kolkata 700051.
22 Khata at B.L. Mulchezjee Road, 9th By Lane/ K.K. Ram Das Road, Under Kolkata- 700051. North burn Dum Municipality, Post Office-'Birati Police Station- Nirnta,
13 Khata at Chovvdhury Para Main Road, Nimta, Ward No. 9, North Dtzm Dum Municipality Post Office and Police Station- Nimta, Koncata.- 700049. .
18 Khata at Rishi Bankim Road, Ward No. 11 (new) 10 (old), North Own Duni Municipality, Post Office Birati, Police Station, Nimta, Kolkata 700051.
15 Khata at Nazrul Path, Ward No. 13 (new), North Dum Dum 1vfunicipalitY, Post Office- Birati, Police Station- Nimta, Kolkata- 700051.
26 Khata at Tulshi Sagan, A.P.C. Roy Road,. Ward No. 14, North Dum Dum Municipality, Post Office Birati, Kolkata 700051. '
Bi ra olice Station Nimta, Kolkata 700051.
26 KhPata at Swami ji
Pally, Dag No 605 to 667, Mouza Birati, Post Office
28 Khata at Pharidpur Pally (Ganesh Dtitta Road); Dag No.
7000
Birati, Ward NO. 18, North bum D51.
773, Itelotaza
15 Khata,
Station Nimta, Kolkata 700051. um Municipality, Post Office Birati, Police
Monza Sultanptzr, Ward No. 18, North Dum Duni Municipality,
ta Police Station Nimta, Ko/ka owner Parth Das, son of Nalculeswar Das, Adarsha Pally, Post Office Birati,
37 Khata, Mouza Birati, Ward NO. 18, North Dum Dum Municipality, Pint
- b9/ -
Office Birati, Police Station Nimta, Dag No. 795, 796, 797,'798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808 and 809 at Siddheshwari Bazar, near mini bus stand.
19 Khata, Dag No. 1522 and 1523, Mouza Sultanpur, Ward No. 19, North Dum Dum Municipality, Police Station Dum Dum, Khalishakota owner Chunilal Mukherjee.
10 Khata, Dag No. 140/1184, Mouza Gouripur, North Dum Dum Municipality, Ward No. 15, Block III, Kalabagan, Post Office Birati, Police Station Airport, owners Tapan Chaterjee and Binoy Shushan Chanterjee.
15 Khata, Holding No. 55 (39), Mouza Gouripur, Ward No. 15, North Dum Dum Municipality, Block III, Kalabagan, Post Office Birati, Police Station Airport, owner Sukhamoy Lodh.
A copy of such application dated 30th June 2015 under the Right to Information Act is annexed herewith and marked as Annexure B. On 3
2 July 2015 the District Magistrate, North 24 Parganas forwarded my application to the SPIO & 0/C, Law Section, North 24 Parganas to take necessary steps in providing the answers sought by me in my RTI application. A Copy of such letter dated 3Ttl July 2015 is annexed herewith and marked as Annexure C.
By a letter dated 8th July 2015 the SPIO, Office of the Sub-Divisional Officer Barrackpore, North 24 Parganas transferred my application under section 6(3) of the Right to Information Act, 2005 to the Executive Officer, North Dum Dum Municipality for necessary action. A Copy of such letter dated 8th July 2015 is annexed herewith and marked as Annexure D.
-On 14th July 2015 the District Magistrate, North 24 Parganas, Barasat again forwarded my RTI application to the Sub-Divisional Officer, Barrackpore, North 24 Parganas and to the Executive Officer North Dum Dum Municipality for necessary actions. A Copy of such letter dated 14th July 2015 is annexed herewith and marked as Annexure E.
By a letter dated 16th July 2015 the Assistant Director of Fisheries, North 24 Parganas informed me that only designated SPIO s can answer my questions and asked me to approach them. It is very strange on the part of the Assistant Director of Fisheries, North 24 Parganas that instead of transferring the application under section 6(3) of the RTI Act, he asked me to approach them. A copy of such letter dated 16th July 2015 is annexed herewith and marked as Annexure F.
On 28th July 2015 I received a letter from the North Dum Dum Municipality wherein they have stated, in response to my application under.the Right to Information Act dated 30th June 2015, that the concerned Municipality has issued directions to stop illegal filling of water bodies for almost all of the properties mentioned by me. A copy of such letter dated 28th July 2015 is annexed herewith and marked as Annexure G.
It is evident from the reply of the concerned municipality that vvaterbodies were being illegally filled up at those properties. Again on 12/08/2015 the Sub-Divisional..Officer, Barrackpore, North 24 Parganas informed me that my application has already been forwarded to the Executive Officer, North Dum Duni Municipality. A copy of such letter dated 12/08/2015 is annexed herewith and marked as Annexure H.
On 13.08.2015 the Deputy D.L. & L.R.O. North 24 Parganas, Barksat yet
again transferred my application under the RTI Act to the Dishict Fishery Officer of the North 24 Parganas, the B.L. & L.R.O. of Saraciipore II and the Chairman of the North Dum Dum Municipality, North 24 Parganas and
—
requested tern to provide anaswers to -me queries raised therein. A copy of such letter dated 13.08.2015 is annexed herewith and marked as Annexure I.
I find it very strange that my application under the RTI Act has been transferred so many times back and forth. This gives an inkling that there is a serious lack of co-ordination among the various departments of the Government.
Being totally dissatisfied with this endless :chain of mails I preferred an appeal before the First Appellate Authority under the R11 Act on 04.08.2015. However the District Magistrate by a letter dated 14.08.2015 informed me that due compliance was done in respect of my application under the RTI Act. A copy of such letter dated 14.08.2015 is annexed herewith and marked as Annexure J.
On 19.08.2015.I informed the District Magistrate, North 24 Parganas that he is not the designated First Appellate Authority and as such he cannot dispose of my appeal. A copy of such letter dated 19.08.2015 is annexed herewith and marked as Annexure K.
On 07.10.2015 the Deputy Commissioner of Police (HQ), Bidhannagar Police Commissionerate informed me that no information was available with the Airport Police Station with respect to my application, dated 30th June 2015 under the Rfl Act. A copy of such letter dated 07.10.2015 is annexed herewith and marked as Annexure L.
Again on 22.10.2015 the Deputy Commissioner of Police (HQ), Barrackpore Commissionerate informed me that Nimta Police Station has received no information regarding illegal filling up of waterbodies with reference to properties mentioned in my RTI application and on local enquiry nothing adverse was found by the concerned police station. A copy of such letter dated 22.10.2015 is annexed herewith and marked as Annexure M.
This comes as a shock and surprise to me as because the properties to which the North Durn Dum Municipality states that they have issued direction to stop filling up of water bodies whereas the Officer-in-Charge of the Nimta Police Station claims that on local enquiry nothing adverse was found by him. This is absolutely contradictory in nature and may be an effort to protect the actual perpetrators of crime.
It may be noted that on 23.09.2015 I had made another application the Right to Information Act before the North Dum Dum Municipality irate alia, asking them to furnish details as to what steps they have taken. to Prevent the illegal filling up of 4 water bodies in and around the North Dum Dum Municipality. A copy of such application dated 23.09.2015 is annexed herewith and marked as Annexure N.
On 29.10.2015 the concerned Municipality informed me that with respect of 2 properties mentioned in my application dated 23.09.2015 under the RTI Act, they have issued direction to all government offices to take necessary steps to stop such filling up of water bodies. A copy of such letter dated 29.10.2015 is annexed herewith and marked as Annexure 0.
However by a letter dated 15.10.2015 the Inspector-in-Charge of the Mints Police Station informed me that no such complaint has been received by them and on local enquiry nothing adverse was found. A copy of such letter dated 15.10.2015 is annexed herewith and marked as Annexure P.
It may be noted that the Secretary of Ward Committee No. 24 by a letter dated 27.10.2014 had informed the Chairman of the North. Duna Dum Municipality that a certain pond was in existence for a long time and that it
— 1- 493 —
was filled up by some unknown person recently. A copy of such letter dated 27.10.2014 is annexed herewith and marked as Annexure Q.
I had received a letter dated 23.06.2015 from the Chairman of the North Dum Dum Municipality wherein a direction to stop illegal filling of water
, body was issued to one Chunilal Mulcherjee and others with copies . forwarded to the Inspector-in-Charge of the Duni bum Police Station and
other government departments for necessary actions. A copy of such letter dated 23.06,2015 is annexed herewith and marked as Annexure R.
Again on 29.10.2015 I wrote a letter to the Chairman of the North Dum Dum Municipality, the Inspector-in-Charge of the. Nimta Police Station, Birati, the Assistant Director of Fisheries, North 24 Parganas, and others regarding illegal filling up of water bodies about 55 Khatas of land in Ward No. 18 under Sultanpur Mouza, Adarsha Pally, under the North Dum Dum Municipality area and requested them to take necessary actions. A copy of such letter dated 2
9.10.2015 is annexed herewith and marked as Annex. S. On 2
6.11.2015 1 again wrote a letter to the Chairman of the North Dum Dum Municipality, the Inspector-in-Charge of the Nimta Police Station,
Birati, the Assistant Director of Fisheries, North 24 Parganas, and others regarding illegal filling up of water bodies about 25 Khatas in Ward No. 20
under Birati Mouza, North Dum Dum Municipality area and requested diem to take necessary action to prevent such illegal, activity. A copy of such letter dated 26.11.2015 is annexed herewith and marked as Annexure T.
It is pertinent to mention that on 31.10.2015 one S. Dasgupta beirig a
Councilor of the North Dum Dum Municipality Ward No. 20 wrote a letter to the Chairman of the North Dum Dum Municipality wherein it was mentioned that he has received a mass petition to stop illegal filling up of a waterbody at S.V. Road, 12th lane under North Dum Dum Municipality area and that he has personally visited the site and found such complaint to be true and he further requested the Chairman to take steps to prevent such illegal activities. A copy of such letter dated 31.10.2015 along with the mass petition is annexed herewith and marked as Annexure U.
Again on 28.10.2015 I wrote a letter to the Chairman of the North bum Duni Municipality, the Inspector-in-Charge of the Airport Police Station, Birati, the Assistant Director of Fisheries, North 24 Parganast and others regarding illegal filling up of water bodies about 33 Rhatas in Ward No. 19
under Sultanpur Mouza, Chandpur Pally, under North Dum DUm Municipa_lity and requested them take necessary actions to prevent such
and marked as Anneicure V. illegal activities. A copy of such letter dated
28.10.2015 is annexed herewith '
Needless to say that till date no steps have been taken in this regard to stop such illegal and rampant filling up of water bodies. On 27:11.2015 the Chairman of the. North Dian Durn Municipality issued a direction to one M/s. K.K. Infradev Pvt. Ltd. To stop illegal filling of a water body and forwarded a copy of the same to the
Inspector-in-Charge of the Airport Police Station for necessary actions. A copy of such letter dated 27.11.2015 issteps have annexed herewith and marked as Annexure W. However till date no such
been taken by the concerned Police Station.
It is pertinent to mention that I got no response from your side and as stick, is unaware whether any steps have been taken at all to prevent die illegal filling up of various water bodies in and around North them Own
' Municipality. I further fear that in 'these illegal activities; there is involvement of people with vested interest'some of whom might be holding offices at various departments in this regard.
Such illegal filling up water bodies with waste materials and garbage has
resulted in environment pollution and thus is 'polluting the entire environment and is adversely affecting the lives of the inhabitants of the
'locality.
Such illegal activities of filling up water bodies with respect to some other properties were brought to your notice before but no 'positive steps were taken and as such, the petitioner filed a Public Interest Litigation before the Rouble High Court, Calcutta being W.P No. 13305 (W) of 2011 followed by a contempt application being C.P.A.N 1778 of 2013 whereby the Horeb's High Court was, inter alia, pleased to direct the respondents to take necessary steps so as to stop the illegal activities.
In this regard it may be noted that I had earlier filed a writ petition before the Hon'ble High Court at Calcutta with regard to some other properties which are being illegally filled up and such petition being W.P. No. 12711 (w) of 2015 was heard by the Honble High Court and after hearing the Hon'ble Court was pleased to 'rail for affidavits from the respondents. The said writ petition is pending for final hearing.
In the above facts and circumstances, it is clear that there is rampant 'activity of illegal filling up of water bodies is going on in the area of North Dum Dum Municipality and which the concerned Municipality also accepts but till date no action has been taken from you(side.
The police authorities as it appears from so many communications that they are in total darkness and as such have no intention to stop the illegal activities even when the concerned municipality have asked them specifically to stop such illegal activities.
Under the circumstances, I request you to, within a period of 14 days from the receipt of this letter, to:-
1. Take all necessary steps to prevent such illegal filling up of water bodies under the. North Dum Dum Municipality area and to restore any water body illegally filled back to its original skjyte
2. Register specific cases against the perpetrators of crime. 3.
Intimate me with proper records as to what steps have been taken in this regard.
Failing which I shall be constrained to follow the natural course of law.
Thanking you
Yours faithfully
Biplab Kumaf Chowdhury. Enclosure: as stated above.
Page no. 1-101.
bated : 23.02:2016 To 1 he Hontle Mayor'.
Brdharmagar Municipal Corporation Poura Bhawan, FD - 415A, Sector - III, Salt Lake City, Kolkata - 700106.
The Board of Councillors, Bidha.nnagar Municipal Corporation, Poura Bhawan, FD-415A, Sector - Salt Lake City, Kolkata - 7000106.
t...3,---rhe Administrative Officer of the Administration of Bidhannagar Municipal Corporation, Poura Bhawan, FD-415A, Sector - III, Salt Lake City, Kolkata - 7000106.
4. The Director, Directorate of Fisheries, Meen 13havan, 31, GN Block, Sector - V, Salt Lake, Kolkata - 700091.
t...„5,...--fhe District Magistate, North 24-Parganas, Post Office and Police Station - Barasat, North 24-Parganas, PIN - 700124.
Additional District Magistrate & D.L.L.R.O., North 24-Parganas, Post Office and Police Station - Barasat, District - North 24-Parganas, PIN - 700124.
Secretary/Deputy Secretary, KMDA, Kolkata Metropolitan Development Authority, Prashan Bhavan, DO-I, Sector - I, Bidhanriagar, Kolkata - 700064.
8fPost
. The Block Land and Land Reforms Officer, Rajarhat, Office and Police Station - Rajarhat,
District.- North 24-Parganas, PIN - 700135.
9. The Commissioner of Police, Bidhannagar Police Commissionerate,
L...--'-.1Stadium Complex, Gate No.3, Sector - III, Salt Lake City, Kolkata - 700098.
10. The Inspector of Police, under Bidhannagar Police Comrnissionerate, Bidhannagar Electronic Complex Palk Station, Salt Lake, Kolkata - 700091.
Dear Sir/Madam,
Sub : Serious complaint agaisut illegal Siting up of water bodies about 75 IChatas qf Laud in ward No.28 of Bidhannagar Municipal Corporation at E.S. Dag No.4622, 4423, 4631, Mouza-Erishnapur, J.L.No..17, Police Station - Eidliannagar Electronic Ocaplex, (Old Itshotat), District-North 24-Ntronas.
2
Ref;, fiLjalmadathatittaatiaskaatigaust /1 I Wen Bonsai
er t pr, elselartur viartnir do Dergooutett Acit utzter
fin) W.P. No.13305 of 2011 at Hourble Court Calcutta
I Biplab Kumar Chowdhury, son of Late Birendra Nath Chowdhury of 108, M.B. Road, Kabi Sukanta Sarani, Purbita, Post Office - Birati, Police Station - Airport,. Kolkata - 700051, Would like, to state the following :-
I am a peace loving and law abiding citizen of India. I am 56 years old family man having a: wife and a daughter and a son. I am a. social worker and an activist in respect of the Right to Information Act, 2005. I have been raising several issues of public importance over a considerable period of time. Upon my application, interalia, the Honk Supreme Court of India, Hon'ble National Green Tribunal, Hon'ble High Court, Calcutta have issued important guidelines and orders with respect to illegal filling of water bodies, illegal lifting of sand from river bed, illegal running of brickfield, to keep law fl & order, inability of information commission to provide proper answer, collection of state revenue, encroachment of vested land and private land, demolish of illegal construction, financial crime, unparliamentary statement of leadership etc. which are of great benefit to the public at large.
I was highly perturbed by the manner in which the water bodies are being illegally filled up in under Bidhaimagar MUnicipal Corporation. It has come to my notice that Mr. Paban Chandra Paramanik, Mr. Arjun Chandra Parainanik, Mr. Shim Chandra Paramanik, Mr. Amrit Chandra Paramanik, Mr. Kartik Chandra Patamanik, Mr. Ganesh Chandra Paramanik all are sons of Late Krishna Pada Paramanik Of Nayapatty, Post Office - Krishnapur, Police Station - Bidhannagar, Electronic Complex, Salt Lake. City, Kolkata - 700091 and large numbers of miscrients are taking illegal steps to fill up water bodies about 75 khatas under Bidhannagar Municipal Corporation, Ward N0.28, R.S. Dag No.4622, 4623, 4631, Mouza - Krishnapur, J.L. No.17, Police Station - Rajarhat (Old) Bidhannagar Electronic Complex (New), District -. North 24 -Parganas illegally and unauthorisedly and.attempts are being trmde to convert and change the nature and character of land for development purpose, in view to running illegal construction of Building and project through violation of court of law and law 8s orderhof the State'of West Bengal accordingly.
You are well aware that under Section 17A of the Inland Pitheties Act, no person shall fill up any water area measuring 5 Gm-tabs or 'more
/-2
3
with the view to convert the same into solid land for the purpose of construction of building or dividing any water area into parts so as to make any such part measure less than 5 Cottahs or 0.035 hectare which is a punishable offence under the Act. In the instant case the owners of the aforesaid plot are illegally filling up water bodies measuring more than 28 cottahs for selling out the same or making constnaction of building thereon thereby changing the nature and character of the land.
You are also aware that under Section 45 of trthe West'Bengal Town and Country Planning and Development Act, no development, institutiorr or change of use of any land shall be undertaken or carried out in that area without obtaining permission in writing and without obtaining certificate from the concerned authority certi
a fying that the development
charge as leviable under this Act has been paid or that no such development charge is leviable. In the instant case the water bodies are illegally filled up illegally without complying with the provision of the Act.
It is further brought to your kind notice that illegal filling of water bodies by pouring and dumping rubbish and waste materials in the aforesaid plot of land has resulted in environmental pollution by polluting the entire atmosphere and adversely affecting the life of the inhabitants of the locality.
Similar instances of illegal filling of water bodiep in Holding No.233/4
29, A.P.C. Roy Road, Ward NO.13 (now Ward No.14) Police Station — Nimta of North Dum Dum. Municipality have been brought to your notice also but no positive steps was taken for .which myself and some other local inhabitance followed by a contempt application'
being W.P. CRPN/1778 of 2013.
Under such circumstances you are requested to register the instant compliant and take necessary steps to stop the illegal filling of/ water bodies and also against the persons directly or indirectly involved in committing or facilitating the commission of the alleged offence in the
interest of the nation and securing the safety and security of the public at large.
You are also requested to take immediate steps in this regard and positively within 7 days from the date of receipt of this letter'.
Thanking you,
/9.7211e7ctecc-IP'-'35
I
Email: ad f o24@yahoo.in GOVERNMENT OF WEST BENGAL
OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES NORTH 24 PARGANAS, MEEN BHABAN
K. N. C Road, Barasat, Kolkata -700124
Telephone & Pax
033 2552 3530
Memo No. 428 Date:- 08.03.2016
Biplab Kumar Chowdhury
s/o, Lt. Birendranath Chowdhury,
Pura bita, 108, MS Road,
Sukanta Sarani,
Kolkata - 700 051.
Sub: R.7.1 query as sought by you vide your application dated 08.01.2016 through the SPIO &A.0,
Director of Fisheries, West Bengal.
Ret: Director of Fisheries, West Bengal memo no Rn 06ERTI/NPG5/05/12] dt. 21.01.2016
Ps per direction of the SPIO &A.0, Director of Fisheries, West Bengal, having gone through your
application dated 0E01.2016 the point wise reply for the following related to this office has been
furnished by the ASPIO & Assistant Director of Fisheries, North 24-Paragnas from available bffice records for your information.
1— Item SI. No Reply
1,11,111,IV,VI,VIII,IX,X, XI,X11,XVIII &XIX
The alleged spot could not be identified during the time of enquiry due to lack of detail information along with proper land mark of the spot.
V & VII The spot was identified with the help of local people present at the time of enquiry and observed that the water body in question is totally infested with
weeds. XIII At the time of enquiry no such filling work of water body was found, However,
the alleged were called for hearing, at the time of hearing they submitted their written statement along with valid land character certificate from appropriate
Authority. XIV At the time of enquiry it was observed that the water body was totally Infested
with varieties of big grasses and other weeds, no filling was observed . XV On spot enquiry, at ward no 14 near Swamiji pally, it was observed that a good
portion of the alleged area has been filled up by Gourab Enterprise. Accordingly, direction of stop filling & hearingnotice has been issued , heard the matter from Utpak Sen ,Managing partner, Gourab Enterprise. At the hearing he was directed to restore the filled up portion. After expiry of the stipulated time given to him, a letter was issued to him for restoration vide this office memo no-1160 dt.-18.09.2015, and again letter was issued vide no-1522 dt.-23.11.15 reg. the same issue. This office has received a written reply in a bad manner of
law from the alleged, the process of action taken Is continuing.
XVI The alleged plot was hardly identified bythe help of municipal officials, on spot enquiry It was observed that the alleged area has almost been filled up, in some areas muddy soil surface with negligible water was observed. A direction of stop filling & hearing notice was issued to the alleged person, heard him, direction of restoration given at the hearing held an 28.8.15. Letters were Issued to sr! Subir Nag for restoration vides this office memo no-1089 dt,-2.9.15.2015, memo no- 1204 dt.-28.09.15& memo no-1516 dt-23.11.15. This office has received two
written reply from the alleged person denying the instruction to restore, the process of action taken is continuing
XVII No encroachment& filling into the pond was noticed at the time of inquiry. XX A direction of stop filling& hearing notice issued, heard the matter from Sri
Tapan Chatterjee On 28.8.15 ,it appeared he only reconstructed his Bracken guard wall In the same place where It was exist earlier &apparently no
encroachment into the waterbody was established. XXI A direction of stop filling & hearing notice was issued, heard the matter from
the owner of the pond on 28.8.2015, direction for restoration of the filled up portion was issued vide memo no-1090 dt-2.9.15.
ASPIO & Assistant Director efgi ik
North 24-Paragnas
Memo No 428/1(3)
Copy forwarded for information to; Date 08.03.2016
1. The Director of Fisheries, west B ngal 316N Block, Sector-V, Salt Lake City, Kolkata- 700091 2. The Dy. Director of Fisheries, Ko ata Zone, 9A Esplanade East, Kolkata-700069.
3. The SPIO &A.0, Director of Fish ries, West Bengal, this has a reference to your letter no - RTI
06[RTI/NPGS/05/12] dt. 21.01 016
Assistant Director of Fisheries North 24-Paragnas
GOVERNMENT OF WEST BENGAL OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES
NORTH 24 PARCANAS, MEEN BHABAN K. N. C. Road, Bansat,Kollcata - 700124
Email: adf n24@yahoodn
Telephone & Fax
033 2552 3530
Memo No.412
To
Sri Biplab Kumar Chowdhury
ski, Lt. Birendranath Chowdhury, Purabita, 108, MS Road,
Sukanta Sarani,
Kolkata - 700 051.
Date:- 04.03.2016
Sub: Application under Section 6(1) of the Right to Information Act, 2005 reg. your letter dated 23.09.2015 & dated 27.10.2015.
With reference to the subject citied above, this is to inform you that the addressee of your two letters has no existence In this office.
1-&
Assistance DirectorettfliMags
North 24-Paraisak.
Memo No 412/1(3) Date 04.03.2016 Copy forwarded for information to ;-
1. The Director of Fisheries , west Bengal 3 N Block, Sector-v, Salt Lake City, Kolkata- 700091 2. The Dy. Director of Fisheries, Kolkata Zo e, 9A Esplanade East, Kolkata-700069,
Assistant Director of Fisheries North 24-Paragnas
n er770011-Ene
To Shri Biplab Kumar Chowdhury, S/o Lt. Birendra Nath Chowdhury, 108, M.B. Road, Kabi Sukanta Sarani, Purbita, Post Office - Birati, P.S. - Airport, Kolkata - 700051.
Memo. No. 373 /16 /DC DD (ADCP)/BDN PC Date: 14.03.2016.
Sub: Serious complaint against illegal filling up of water bodies about 75 khatas of Land in ward No. 28 of Bidhannagar Municipal Corporation at R.S. Dag No. 4622,4623 & 4631 Mouza - Krishnapur, J.L. No. 17, Police Station - Electronics Complex (Old Rajarhat), District - North 24 Parganas.
The undersigned have the privilege to inform you that thorough perusal of your letter reveals the fact that some illegal process regarding unauthorized filling up of a water bodies was going on under Bidhannagar Municipal Corporation ward No. 18 of J.L. No. 17 under Electronics Complex Police Station. After receiving your petition, IC EC PS was entrusted to cause enquiry and take necessary legal steps. Thereafter, under direct supervision of IC EC PS, enquiry of said land in question was commissioned, which is still in progress. Letter of requisition was issued to BL & BLRO, Rajarhat seeking information about status of the land bearing RS Dag No. 4622, 4623 & 4631 under Mouza - Krishnapur. Furthermore, letter of requisition has also been sent to the Land Manager, Bidhannagar Urban Development Department with a request to furnish information of any alleged illegal filling of water bodies at Mouza - Krishnapur under EC PS. Police authority of Bidhannagar Police Commissionerate will initiate necessary legal recourse after receiving required information from the above named authorities.
Moreover, the matter is diarized vide EC PS G.D.E No. 320 dated 07.03.2016.
This is for favour your kind information.
Addl. Dy. Commissioner of Police Detective Department
Bidhannagar Police Com missionerate Add Deputy Commissioner oi recce Bidhannagar Police Commionerate
Wect Bengal, India
Poura Mayan, Plot No. DO-1, Sector-I,
Bidhannagar, golkata- 700064.
Kolkata Metropolitan Development
Authority
No: /KMDA/Estate Unit/LA 678(Pt)/12 Date: 03/06 /2016.
Prom: The Deputy Secretary-in-Charge, Estate Unit (L.A.), H.Q., KMDA.
To: Mr. Biplab Kumar Chowdhury, 108, M.B. Road, Kabi Sukanta Sarani, Purbita Post Office, Birati, P.S.- Airport, Kolkata-700051
Sub: Information regarding R.S. Dag no. 4622, 4623 & 4631.
With reference to the above I like to inform you that R.S. Dag no. 4622, 4623 & 4631 under
Mouza- Krishnapur, J.L. no. 17, P.S.- Rajarhat (old), District- North 24 Parganas are beyond the
acquired land of KMDA.
This is only as per available office records.
Yours faithfully,
Deputy Secretary-in-Charge, Estate Unit (L.A.). H.Q., KMDA.
-203 -
ignelieflt/re— IP137 Date : 06.05.2016
• . The Chief Secretary, Government of West Bengal,
As In-charge of the Vigilance Cell/Anti Corruption Branch, Nabanna Building, 325 Sarat Chatterjee Road, Howrah- 711102.
_ The Director, Central Bureau of Investigation, Plot No 5-B, COO Complex, Lodhi Road New Delhi- 110003.
3. The Secretary, Government of West Bengal, Municipal Affairs Department, Writers' Building, Kolkata - 700001.
4. The Director of Local Bodies, West Bengal & Ex-Officio Joint Secretary, Government of West Bengal, Municipal Affairs Deparment, Purta Bhavan, Bidhan Nagar, Kolkata - 700091.
5. The District Magistrate, North 24 Parganas, Barasat - 700124.
6. The District Land and Land Reforms Officer, North 24-Parganas District, Office of the District Magistrate, North 24-Parganas, P.O. & P.S. - Barasat, PIN - 700124.
7. The Director, Directorate of Fisheries, Meen Bhawan, 31 GN Block., Sector - V, Salt Lake, Kolkata - 700091.
8. 'The Assitant Director of Fisheries, Meen Bhaban., Barasat - 700124.
9. The Block Land and Land Reforms Officer, Rajarhat Block, P.O. & Rajarhat, District - North 24-Parganas, PIN - 700135.
10. The Commissioner of Police, Barrackpore, P.O. & P.S. - Barrackpore, District - North 24-Parganas, PIN - 700120.
11. The Commissioner of Police, Bidhannagar, Stadium Complex, Gate No.3, Sector - Salt Lake, Kolkata - 700098.
12. The Commissioner of Police, Kolkata, 18, Lalbazar Street, Kolkata - 700001.
13. The Block Land and Land Reforms Officer, Barrackpore-II, B.T. Road, Panihati, Sodepur, North 24-Parganas, Kolkata- 700110.
63t-plikearzeivz otasi;f7
DLL - 2
14. The Hon'ble Mayor, Kolkata Municipal Corporation, 5, S.N. Banerjee Road, Kolkata - 700013.
15. The Hon'ble Mayor, Bidhan Nagar Municipal Corporation, Poura Bhavan, Sector - HI, FD-415A, Salt Lake, Kolkata - 700106.
16. The Chairman, North Dum Dum Municipality, 163, M.B. Road; Birati, Kolkata - 700051.
17. The Chairman, Baranagar Municipality, Baranagar, District - North 24-Parganas, Kolkata - 700036.
18. The Inspector-in-Charge, Posta Police Station, Kolkata - 700007.
19. The Inspector-in-Charge, New Town Police Station, New Town, Kolkata - 700156.
20. The Inspector-in-Charge, Bidhan Nagar Electronic Complex, Police Station - Bidhan Nagar, Kolkata - 700091.
21. The Inspector-in-Charge, Baguiati Police Station, Tegharia, Arlunpur, Kolkata -
22. The Inspector-in-Charge, Nimta Police Station, Birati, Kolkata- 700051.
23. The Inspector-in-Charge, Airport Police Station, Airport, Kolkata- 700051.
24. The Inspector-in-Charge Dum Dum Police Station, Dum Dum Kolkata- 700028.
Sub_- Illegal and malicious activities of illegal groups/association of people better known as the "Syndicates" in illegal filling up of water bodies, coercive supply of sub-standard building materials, manipulation in granting sanctions to buildings plans by placing unqualified LBS officers in municipalities, among others.
Dear Madam/Sir/s,
I Biplab Kumar Chowdhury, son of Late Birendra Nath Chowdhury of 108 M.B.
Road, Purbita, Sukanta Sarani, Birati, Kolkata, 700051, would like to state the following:-
aZtalkedielefaz
I am a peace loving and law abiding citizen of India. I am 56 years old
family man. I am a social worker and an activist in respect of the Right to
waterbodies, illegal sanction of building plans andgetting people below
par appointed as LBS and many other illegal activities.
2. These syndicate men and their accomplices and antisocials enjoy the political patronage
of the ruling party leaders. While such leaders allow
them to do their illegal activities and protect them from action froth
authorities like police, the members of the syndicate in turn help such leaders during election times.
The reach and preeminence of syndicates was reported in a sting
operation conducted by a television news channel News X and also in
various newspapers in which a ruling party MLA was seen praising the
members of the syndicate and their role during the elections.
Copies of such newspaper reporting and compact disc containing the video footage are annexed herewith and marked as Annexure "P1".
4. The above facts regarding the role of some ruling party, politicians viz-a- viz extra legal activities became evident from a sting operation conducted
by news portal Narada News which exposed that various heavy weight
and well known political leaders of the ruling party were eager to bend the rules for a hal situ] of cash.
A compact disc containing the video footage of the sting operation is annexed herewith and marked as Annexure "P2".
5. The ruthless and ugly acts of the syndicate came to light recently, as was
reported in several newspapers, when a promoter was brutally murdered
in baguiati over some dispute regarding supply of raw materials with the
syndicate. A case was also started in this regard by the Baguiati Police Station.
b. Apart from this, the syndicate are actively involved in the construction of
buildings without proper or legal sanction plan. Needless to mention that some government officials are also involved in this
Ce;adfiezie.,)-nos4 C7a•-.7C-7
4
7. As per Rule 14, 15(4) of the West Bengal Municipal Building Rules 2007
the concerned municipality have the power to demolish any illegal
construction made but however as is evident from the reply of the North
Dumdum Municipality that they have only imposed penalty with respect to several illegal constructions.
A copy of the reply of the Municipality is annexed herewith and marked as Annexure "P3".
8. On 12/09/2013 I had made a written complaint before the concerned
authorities regarding the illegal encroachments, illegal construction, etc in and around the North Dumdum Municipality area.
9. In this regard I had filed a Public Interest Litigation before the Hontble
High Court at Calcutta being W.P.No. 30010 (w) of 2013 wherein by an order dated 16/12/2013 the Hong,le High Court at Calcutta, inter alia
directed the District Magistrate of North 24 Parganas to consider the
representation made by me earlier.
A copy of the representation and the order of the Hon'ble High Court is
annexed herewith and marked as Annexure "P4".
10. Again by a letter dated 04/12/2015 I had sought to draw the attention of
the Chairman of the Baranagar Municipality with regard to the illegal
construction at the premises No. 47 and 71, Raimohan Banerjee Road, Baranagar, Kolkata - 700036.
A copy of the letter dated 04/12/2015 is annexed herewith and marked as Annexure "P5".
On 30/06/2015 I had made an application under the Right to Information
Act, 2005 to the Chairman of North Dumdum Municipality, inter alia,
seeking information regarding the appointment process of LBS, enlistment
of promoters, steps taken by the concerned Municipality with regard to illegal constructions.
A copy of the RT1 application dated 30/06/2015 is annexed herewith and marked as Annexure "P6".
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5
12. The replies received by rile from various municipalities are contradictory in nature.
13 By a letter dated 29/07/2015 the North Dumdum Municipality informed me that that they not in a position to supply me the relevant papers with
respect to enlistment of the LBS as the LBS are working since long. I fail to
understand this because the enlistment of LBS are being done from 2007
after the Building. Rules 2007 came into force and the concerned
municipality says that they do not have any record as they are working
for long. As if the municipality either engaged the LBS on face value
without any proper documents or the municipality have lost or misplaced the relevant records.
A copy of the letter dated 29/07/2015 is annexed herewith and marked as Annexure "P7".
14. Again by, a letter 29/10/2015 the North Dumdum Municipality informed me in response to an application made by me earlier under the Right to
Information Act, 2005 that no commercial building has been sanctioned on
the Holding No.77, Sukanta Sarani in Ward No. 18. However, illegal constructions are going on in the said plot.
A copy of the letter dated 29/10/2015 is annexed herewith and marked as Annexure "P8".
15. That the government departments are careless about the safe keeping of
documents Caine to light when the North Dumdum Municipality
requested me to supply certain documents with respect to an application
made by me under the Right to Inforination Act, 2005 because those have
been lost/misplaced by them. I had requested them to make a specific
General Diary entry with this regard before the concerned police station
and the same was done by them by a letter dated 16th June 2015. All
documents were duly supplied by me after that and by a letter dated 15/07/2
015 the North Dumdum Municipality accepted their inability
to furnish proper answers due to non-availability of appropriate documents.
034e-feenz•veciar-‘7
Copies of such communication between the municipality and me are annexed herewith and collectively marked as Annexure "P9".
16.That the concerned municipality and certain miscreants, possible the
syndicate, are so anxious to get rid of me that on 25/08/2013 at about 8
am. the chairman of the North Dumdum Municipality, and some 20/22
party members of CPM attacked me and assaulted me with intent to
murder me and when my daughter tried to save me they molested her
and tried to rape her. It was God's grace that my daughter could save
herself and managed to escape. I was rescued by the police. I had lodged a
specific case against the aforesaid incident being Airport Police Station Case No. 253 dated 25/8/2013 under sections 342/325/379/354/506/34 of the Penal Code.
A copy of the First Information Report is annexed herewith and marked as Annexure "P10".
1 7. This shows the extent to which the syndicate can go in getting their goals
secured and removing any obstacle along the path even if that include the killing of an innocent person.
18. I had made several applications under the Right to Information Act, 2005
with regard to the appointment of unqualified LBS in the municipality
and also regarding the unauthorized sanction of building plans at random
but till date I have not received any proper answer from the concerned
authority regarding such queries.
19. Moreover the Chairman of the North Dumdum Municipality engaged
himself into a long endless chain of correspondence in a clear effort to
bypass and divert me from the issues raised by me.
20. Earlier, I had made a specific application under the Right to Information
Act, 2005, inter alia, seeking information with regard to details of enlisted
promoters, developers, steps taken against any LBS for deviating from the
sanction plans. The answers received by me from various municipalities
and corporations are quite self-contradictory, While Memari Municipality says that as per order No. 165/MA/0/C-4/IT-2198 dated 09/3/2002 of
a34/A-1,1(--,vz cat
M.A. Deptt. Writers' Buildings, Kolkata enlistment is made maintaining
formalities as streamlined but others say that there isrto such enlistments.
A copy of my application under the Right to Information Act, 2005 along
with the replies received by me from the various municipalities are
annexed herewith and collectively marked as Annexure "P1.1".
21. Again I was highly perturbed when I heard and came to know from video
footage telecast by various private channels and from various Newspaper
reporting that on 31st March 2016 a section of the Vivekananda Road
flyover had collapsed on Thursday afternoon killing 26 people and
injuring several other. As was reported in various newspapers and news
channels that the syndicate is behind the supply of poor and inferior
quality of building materials. I also came to know that one Rajat Bakshi, a
relative of Jorasanko Trina_mool MLA Smita Bakshi, and the owner of the finn 5
andhyamani Projects was given the sub-contract for supplying iron,
cement and labour for Vivekanartda flyover along with other sub-contractors.
22. I had made a specific complaint before the concerned authorities
regarding this by a letter dated 6th April 2016 and again on 16th April 2016
but till date I have not received any response from the concerned authorities.
A copy of the letters dated 6th April 2016 and 16th April 2016 are annexed
herewith and collectively marked as Annexure "P12".
23. I was also perturbed when I came to know that different water bodies are
being illegally filled up in various parts under the North Dum Dum Municipality and other places.
24. Under section 17A of the Inland Fisheries Act, no person shall fill up any water area with the view to convert the same into soiled land for the purpose of construction of building or within the jurisdiction of any
Municipal Corporation or any Municipality, divide any water area into
parts. A violation of any of these is punishable offence under the Act.
25. The owners of various plots located under the No umdum rth D
Municipality and other places and other miscreants are illegally filling up
the water bodies thereby changing the nature and character of the land in a total violation of laws.
26. Under section 45 of the West Bengal Town and Country Planning and
Development Act, no development, institution or change of use of any
land shall be undertaken or carried out without obtaining permission in
writing and without obtaining a certificate from the concerned authority
certifying that the development charge as leviable under the Act has been paid or that no such development charge is leviable.
27. Under Rule 8(3) of the West Bengal Municipal (Building) Rules, 2007, no
canal, pond, water body, wetland, rivulets, jhora, water source, natural
spring, streams, drains, culverts shall be filled up provided that after
taking due consideration of the existing relevant Acts, the drainage slope,
slip, landslide, ecology, culture, environment, pisciculture, firefighting or
any other material consideration, and for reasons to be recorded in writing
by the Board of Councillors with the prior approval of the State
Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain area to be filled up.
28. On 30th June 2015 I made an application under the Right to Info on ti
Act before the North Dum Dum Municipality and the Assistant. Director ' of Fisheries, North 24 Parganas, inter alia, seeking information as to
steps taken by the Municipality, with respect to illegal filling up of water bodies of :-
b • --210
8
n.
16 Khata at Nanisaha Sarani, Western Side of Majarhati water tank
and adjacent of Majarhati Prathamik Vidyalaya, Ward No. 25,
North Duni Dum Municipality, Post Office- Birati, Police Station-Nimta, Kolkata- 700051.
10 Khata at Swami Viveicananda Road, 7th By Lane, Ward No. 20
(new), North Dum Dum Municipality, Police Station- Nirata, Post Office Bind, Kolkata- 700051.
-;421—figes cile.)--747
-.2/l - 9
iii. 20 Khata at Pratiralcsha Nagar under Uttar Nimta Mouza, Dag No.
8120, 8121, Ward No. 11 (new) 10 (old), North Dumdum Municipality, Post Office and Police Station- Nimta; Kolkata 700049.
60 Khata at Prattraksha Nagar under Uttar Nimta Mouza, Dag No.
8122, 8123, 8124; 8125, 8126, 8127, 8128, 8129, 8139 Ward No. 11
(new) 10 (old), North Dumdum Municipality, Post Office and Police Station- Nimta, Kolkata 700049.
20 Khata, owner Sri Barin Roy Chowdhury at Swami Vivekananda
Road, 1st By Lane; Ward no. 20, North Duro Dun Municipality, Post Office Birati, Police Station Nimta, Kolkata 700051.
13 Khata, owner Smt. Tripti Chowdhury at Swami Vivekananda
Road, 6th By Lane, Ward no. 20, North Dum Dum Municipality,
Post Office Birati, Police Station Nimta, Kolkata 700051.
vii. 15 Khata, owner Mamta Paul at Swami Vivelcanada Road, 7th By
Lane, Ward no. 20, North Dum Dum Municipality, Post Office Birati, Police Station Nimta, Kolkata 700051.
14 Khata, owners Sri Kali Prasad Guha and Smt. Kakuli Das at
Swami Vivekananda Road, 10th By Lane, Ward no. 20, North Dum
Dum Municipality, Post Office Birati, Police Station Nimta, Kolkata 700051.
ix. 22 Khata at B.L. Mukhefiee Road, 9th By Lane/ K.K. Ram Das Road,
Under North Dum Dum Municipality, Post Office- Birati Police Station- Nimta, Kolkata- 700051.
13 Khata at Chowdhury Para Main Road, Nimta, Ward No. 9,
North Dum Dum Municipality, Post Office and Police Station-Nimta, Kolkata -'700049.
xi. 18 Khata at Rishi Banldm Road, Ward No. 11 (new) 10 (old), North
Dum Dum Municipality, Post Office Birati, Police Station- Nirnta, Kolkata 700051.
(1249,...,././Cannwr
-212 - 10
xii 15 Khata at Nazrul Path, Ward No. 13 (new), North Dum Dum
Municipality, Post Office- Birati, Police Station- Nimta, Kolkata-
700051.
xiii. 26 Khata at Tulshi Bagan, A.P.C. Roy Road, Ward No. 14, North
Durn Darn Municipality, Post Office Strati, Kolkata 700051.
xiv. 26 Khata at Swamiji Pally, Dag No 605 to 607, Mouza Birati, Post
Office Birati, Police Station Nimta, Kolkata 700051.
28 Khata at Pharidpur Pally (Ganesh Dutta Road), Dag No. 773,
Mouza Birati, Ward NO. 18, North Dum Dum Municipality, Post
Office Birati, Police Station Nimta, Kolkata 700051.
xvi. 15 Khata, Mouza Sultanpur, Ward No. 18, North Dum Dum
Municipality, owner Faith Das, son of Nakuleswar Das, Adarsha
Pally, Post Office Birati, Police Station Nimta, Kolkata 700051.
37 Khata, Mouza Birati, Ward NO. 18, North Dum Dum
Municipality, Post Office Birati, Police Station Nimta, Dag No. 795,
796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808 and 809
at Siddheshwarl Bazar, near mini bus stand.
tenth 19 Khata, Dag No. 1522 and 1523, Mouza Sultanpur, Ward No. 19,
North Dum Dum Municipality, Police Station Dum num,
Khalishalcota Pally, owner Chunilal Mukherjee.
xix. 10 Khata, Dag No. 140/1184, Mouza Gouripur, North Dum Dum
Municipality, Ward No. 15, Block LH, Kalabagan, Post Office Birati,
Police Station Airport, owners. Tapan Chaterjee and Binoy Shushan
Chanterjee.
xx. 15 Khata, Holding No, 55 (39), Mouza Gouripur, Ward No. 15,
North Dum Dum Municipality, Block III, Kalabagan, Post Office
Birati, Police Station Airport, owner Sulchamoy Lodh.
A copy of such application dated 30th June 2015 under the Right to
Information Act is annexed herewith and marked as Annexure "P13".
624124111-noe--z 6474/
1'
11
29 On 3rd July 2015 the District Magistrate, North 24 Parganas forwarded my
application to the SPIO & 0/C, Law Section, North 24 Parganas to take
necessary steps in providing the answers sought by me in my RTI application.
A Copy of such letter dated 3rd July 2015 is annexed herewith and marked as Annexure "P14".
30. By a letter dated 8th July 2015 the SPIO, Office of the Sub-Divisional
Officer Barrackpore, North 24 Parganas transferred my application under
section 6(3) of the Right to Information Act, 2005 to the Executive Officer, North Dum Dum Municipality for necessary action.
A Copy of such letter dated 8th July 2015 is annexed herewith and marked as Annexure "P15".
31. On 14th July 2015 the District Magistrate, North 24 Parganas, Barasat again
forwarded my ICI application to the Sub-Divisional Officer, Barrackpore,
North 24 Parganas and to the Executive Officer North Dim Dum Municipality for necessary actions.
A Copy of such letter dated 14th July 2015 is annexed herewith and marked as Annexure "P16".
32. By a letter dated 16th July 2015 the Assistant Director of Fisheries, North 24
Parganas informed me that only designated SPIO's can answer my
questions and asked me to approach them. It is very strange on the part of
the Assistant Director of Fisheries, North 24 Parganas that instead of
transferring the application under section 6(3) of the RTI Act, he asked me to approach them.
A copy of such letter dated 16th July 2015 is annexed herewith and marked as Annexure "Pl r.
33. On 28th July 2015 I received a letter from the North Duni Dum
Municipality wherein they have stated, in response to my application
under the Right to Information Act dated 30th June 2015, that the
concerned Municipality has issued directions to stop illegal filling of
water bodies for &most all of the properties mentioned by me.
eiPkt;eatiernoarc
12
A copy of such letter dated 28th July 2015 is annexed herewith and marked as Annexure "P18".
34 It is evident from the reply of the concerned municipality that waterbodies
were being illegally filled up at the properties alleged.
35. Again on 12/08/2015 the Sub-Divisional Officer, Barrackpore, North 24
Parganas informed me that my application has already been forwarded to
the Executive Officer, North Dum Dum Municipality.
A copy of such letter dated 12/08/2015 is annexed herewith and marked as Annexure "P19".
36. On 13.08.2015 the Deputy D.L. & L.R.O. North 24 Parganas, Barasat yet
again transferred my application under the RTI Act to the District Fishery
Officer of the North 24 Parganas, the B.L. & L.R.O. of Barackpore II and
the Chairman of the North Dum Dum Municipality, North 24 Parganas
and requested ten to provide answers to me queries raised therein.
A copy of such letter dated 13.08.2015 is annexed herewith and marked as
Annexure "P20".
I find it very strange that my application under the RTI Act has been
transferred so many times back and forth. This gives an inkling of some
ulterior motive not to divulge the truths besides a serious lack of co-
ordination among the various departments of the Government
38. Being totally dissatisfied with this endless chain of mails I preferred an
appeal before the First Appellate Authority under the RTI Act on 04.08.2015.
39. However the District Magistrate by a letter dated 14.08.2015 informed me
that due compliance was done in respect of my application under the RTI Act.
A copy of such letter dated 14.08.2015 is annexed herewith and marked as Annexure "P21".
aaryk— eg;;;C7,
-2)5 13
40. On 19.08.2015 I informed the District Magistrate, North 24 Parganas that
he is not the designated First. Appellate Authority and as such he cannot
dispose of my appeal.
A copy of such letter dated 19.08.2015 is annexed herewith and marked as
Annexure "P22".
41. On 07.10.2015 the Deputy Commissioner of Police (HQ), Bidhannagar
Police Commissionerate informed me that no information was available
with the Airport Police Station with respect to my application dated 30th
June 2015 under the RTI Act.
A copy of such letter dated 07.10.2015 is annexed herewith and marked as
Annexure "P23".
42. Again on 2210.2015 the Deputy Commissioner of Police (HQ),
Barrackpore Commissionerate informed me that Nimta Police Station has
received no information regarding illegal filling up of waterbodies with
reference to properties mentioned in my RTT application and on local
enquiry nothing adverse was found by the concerned police station.
A copy of such letter dated 22.10.2015 is annexed herewith and marked as
Annexure "P24".
43. This comes as a shock and surprise to me. Because the properties with
respect to which the North Dum Dum Municipality stated that they had
issued directions to stop filling up of water bodies, the Officer-in-Charge
of the Nimta Police Station claimed that onlocal enquiry nothing adverse
was found by him.
44. This is absolutely contradictory in nature and may be an effort to protect
the actual perpetrators of crime.
45. It may be noted that on 23.09.2015 I had made another application under
the Right to information Act before the North °UM, Dum Municipality
inter alia, asking them to furnish details as to what steps they have taken
to prevent the illegal filling up of 4 water bodies in and around the North
Dum Dum Municipality.
add-el/A-70yr cier-7-&
-216 14
A copy of such application dated 23.09.2015 is annexed herewith and marked as Annexure "P25".
46. On 29.10.2015 the concerned Municipality informed me that with respect
of 2 properties mentioned in my application dated 23.09.2015 under the
RTI Act, they have issued direction to all government offices to take
necessary steps to stop such filling up of waterboclies.
A copy of such letter dated 29.10.2015 is annexed herewith and marked as Annexure "P26".
47. However by a letter dated 15.10.2015 the Inspector-in-Charge of the Nimta
Police Station informed me that no such complaint has been received by
them and on local enquiry nothing adverse was found.
A copy of such letter dated 15.10.2015 is annexed herewith and marked as Annexure "P27'.
48. I had received a letter dated 23.06.2015 from the Chairman of the North
Dum Dum Municipality wherein a direction to stop illegal filling of water
body was issued to one Chunilal Mukherjee and others with copies
forwarded to the Inspector-in-Charge of the Dum Dum Police Station and
other government departments for necessary actions.
A ropy of such letter dated 23.06.2015 is annexed herewith and marked as Annexure "P28".
49. Again on 29.10.2015 I wrote a letter to the Chairman of the North. Dum
Dum Municipality, the Inspector-in-Charge of the Nimta Police Station,
Birati, the Assistant Director of Fisheries, North 24 Parganas, and others
regarding illegal filling up of water bodies about 55 Khatas of land in
Ward No. 18 under Sultanpur Mouza, Adarsha Pally, under the North
Dum Dum Municipality area and requested them to take necessary actions.
A copy of such letter dated 29.10.2015 is annexed herewith and marked as Annexure "P29".
-217 15
50.On 26112015 1 again wrote a letter to the Chairman of the North Dum
Dum Municipality, the Inspector-in-Charge of the Nimta Police Station,
Birati, the Assistant Director of Fisheries, North 24 Parganas, and others
regarding illegal filling up of water bodies about 25 Khatas in Ward No.
20 under Birati Mouza, North Dum Dum Municipality area and requested
them to take necessary action to prevent such illegal activity.
A copy of such letter dated 26.11.2015 is annexed herewith and marked as Annexure "P30".
51. Again or. 28.10.2015 I wrote a letter to the Chairman of the North Dum
Dum Municipality, the Inspector-in-Charge of the Airport Police Station,
Birati, the Assistant Director of Fisheries, North 24 Parganas, and others
regarding illegal filling up of water bodies about 33 Khatas in Ward No.
19 under Sultanpur Mouza, Chandpur Pally, under North Dum Dum
Municipality and requested them take necessary actions to prevent such illegal activities.
A copy of such letter dated 28.10.2015 is annexed herewith and marked as Annexure "P31".
- 52. Needless to say that till date no steps have been taken in this regard to
stop such illegal and rampant filling up of water bodies.
53. On 27.11.2015 the Chairman of the North Duni Dum Municipality issued a
direction to one M/s. K.K. Infraciev Pvt. Ltd. To stop illegal filling of a
water body and forwarded a copy of the same to the Inspector-in-Charge
of the Airport Police Station for necessary actions.
A copy of such letter dated 27.112015 is annexed herewith and marked as Annexure "P32".
54. However till date no such steps have been taken by the concerned Police Station.
55. It is pertinent to mention that I got no response from your side and as
such, is unaware whether any steps have been taken at all to prevent the
illegal filling up of various water bodies in and around North Dum Dum
Municipality, I further fear that in these illegal activities, there is
16
involvement of people with vested interest some of whom might be
holding offices at various departments in this regard.
56. Such illegal filling up water bodies with waste materials and garbage has
resulted in environment pollution and thus is polluting the entire
environment and is adversely affecting the lives of the inhabitants of the locality.
57. Such illegal activities of filling up water bodies with respect to some other
properties were brought to your notice before but no positive steps were
taken and as such, the petitioner filed a Public Interest Litigation before
the Hon'ble High Court, Calcutta being W.P No. 13305 (W) of 2011
followed by a contempt application being C.P.A.N 1778 of 2013 whereby
the Horible High. Court was, inter alia, pleased to direct the respondents
to take necessary steps so as to stop the illegal activities.
58. In this regard it may be noted that I had earlier filed a writ petition before
the Horible High. Court at Calcutta with regard to some other properties
which are being illegally filled up and such petition being W.P. No. 12711
(w) of 2015 was heard by the Honsble High Court and after hearing the
Horible Court was pleased to call for affidavits from the respondents. The
said writ petition is pending for final hearing.
59. Mentioning the above facts I had made a demand of justice before you on
25th January 2016 but fill date I have not received any response from any of you.
A copy of my letter dated 25th January 2016 is annexed herewith and marked as Annexure "P33".
60. Again on 23rd February 2016 I wrote a letter to the concerned authorities,
complaining, inter alia, about illegal filling up of waterbodies about 75
khatas of land in ward no. 28 of Biciharmagar Municipal Corporation at
R.S. Dag No. 4622, 4623, 4631, Mouza-Krishanapur, J.L.No. 17, Police
Station - 13idhannagar Electronic Complex, North 24 Parganas.
A Copy of the letter dated 23rd February. 2016 is annexed herewith and marked as Annexure "P34".
a22,4eZkontRir .9C7C7
- 17
61 By a letter dated 14th March 2016 the Additional Deputy Commissioner of Police, Detective Department,
Bidhannagar Police Commiesionerate informed me that they were in receipt of my complaint and that they were
investigating the issue raised by me and that police authority of
Bidhannagar Police Conunissionerate would initiate necessary legal recourse.
A copy of the letter dated 14th March 2016 is annexed herewith and
marked ad Annexure "P35".
62. The telltale sign of the syndicate is written all over the issue as the
authorities have failed to take any proper steps to prevent the illegal
filling up of waterbodies and the illegal activities goes on unabated.
63. The syndicate is omnipresent as is evident from the above facts. They are
the ones who control everything right from filling up of waterbodies to
supply of poor quality of building materials with utter disregard to the
lives of people or the environment.
64. On 8th March 2016 I received a letter from the Assistant Director of
Fisheries, wherein the Fisheries Department accepted that illegal filling up
of waterbodies was going on and that one Courab Enterprise was engaged
in illegally filling up of waterbodies and that steps were being taken
against them in this regard.
A copy of the letter dated 8th March 2016 is annexed herewith and marked
as Annexure "P36".
65. The above mentioned letter clarifies that the concerns raised by me are
serious in nature and that indeed all these kind of illegal activities are
going on though out the State.
66. In the above facts and circumstances it is clear that there is rampant illegal
activities of syndicates putting the lives and properties of common citizens in peril.
67. The police authorities as it appears from so many communications that
they are in total darkness and as such have no intention to stop the illegal
- 18
activities even when the concerned municipality have asked them specifically to stop such illegal activities.
Under the circumstances, I request you to, within a period of 14 days from the receipt of this letter, to:-
a. Take all necessary steps to prevent illegal acts of the syndicates; b. Register specific criminal cases against the perpetrators of crime; c. Intimate me with proper records as to what steps have been taken in this
regard.
failing which I shall be constrained to follow the natural course of law.
Thanking you,
Yours faithfully
Enclosure : Annexure "P-1" to "P-36".
6340_ d a r arias/20/6". (Biplab Kumar Chowdhury)
Son of Late Birendra Nath Chowdhury, of 108, Purbita, Sukanta Sarani,
Birati, Kolkata - 700051.
- linrec.,..vezerc
0 Shri Biplab Kumar Chowdhury,
S/o Lt. Birendra Nath Chowdhury,
M. B. Road, 108, Purbita,
Sukanta Sarani, Birati,
Kolkata - 700051
Memo. No. 916/DC DD (ADCP)/BDN PC Date: 19.05.2016.
Sub: Report in C/w the petition of Shri Biplab Kumar Chowdhury.
The undersigned have the privilege to inform you that thorough perusal of
your letter reveals the fact that some persons were dealing in business and
contracts which was not legal in the eye of law. This is to apprise you that
appertaining to the issue of illegal business being conducted by such persons,
Police authorities from necessary legal steps against those alleged violators of
law and no. of prosecutions were submitted against provable trouble mongers /
intimidators for controlling their illegal activities. In furtherance, it has to be
manifested that during investigation of Baguiati PS case No.196/16 dated 25.02.2076 U/s 302/34/120B IPC & 25 (i) Arms Act & 3 / 4 E. S. Act 08 persons so
tar been arrested including 05 FIR named persons in the said case. Many
incriminatory articles including weapon of offence, wearing apparels of
accused persons etc. were seized and other cogent evidences were gathered
from the arrested accused persons. Some seized articles had already been sent
to CFSL & FSL for collection of expert opinion in this regard. The investigation is going on in full swing.
Thereafter, as per available information, C.P.A.N No. 438 of 2014 arising out
of writ petition vide no. 30010(w) of 2013 was filed before Hon'ble High Court in
the form of public interest lifigation petition and Hon'ble Court was pleased to dismiss in the instant petition on 31.03.2014.
It has been alleged that you have been attacked by some unknown
miscreants and on the basis your complaint Airport PS case No. 253/13 dated 25.08.2013 U/s 342/325/379/354/506/34 I.P.C. was initiated. Inspector-in-Charge, Airport PS duly entrusted Si Jayanta Mahato to investigate the case and
subsequently C.I.D. took over control of investigation of the said case on
09.01.2074. Information revealed that final form vide Airport PS charge sheet No. 30/14 dated 16.02.2014 U/s 341/354/323/506/34 I.P.C. has been submitted against all the 07 (seven) accused persons and it is pending for adjudication before Ld. Court of Law.
Moreover, police authorities have taken all legal steps against illegal
activities on each & every occasions reported to them and it is a cardinal duty
of police authorities to take all legal steps against illegal activities to keep
peace and tranquility over their concerned jurisdictional area.
This is for favour your kind information.
Addl. Dy. Commissioner of Police Detective Department
BUN PC Ada Deputy commie/teener of Police Bidhannager Police Cosentioneeetp
West Bengal, India
Date:17.052016
e Commissioner of Commercial Taxes, West Bengal 14 Beleghata Main Road
Kolkata-700015
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v",.-The Chairman North Dumdum Municipality 163, M.B. Road, Birati, Kolkata-700 051
\____21-1-1; Board of Councillors North Dumdum Municipality 163, M.B. Road, Birati, Kolkata-700 051
Tlie Executive Officer North Dumdum Municipality 163, M.B. Road, Birati, Kolkata-700 051
u" 1e Assistant Engineer, P.W.D. North Dumdum Municipality 163, M.B. Road, Birati, Kolkata-700 051
The In-charge, License Department North Dumdum Municipality 163, M.B. Road, Birati, Kolkata-700 051
t..6,--Cte Secretary, Government of West Bengal Municipal Affairs Department Writers Building, Kolkata-700 001
Tf<Director of Local Bodies, West Bengal & Ex-Officio Joint Secretary, Government of West Bengal Municipal Affairs Department Purta Bhawan, Bidhan Nagar, Kolkata-700 091
Magistrate, North 24 Parganas P.O. & P.S.: Barasat, District: North 24 Parganas PIN-700124
he Sub-Divisional Officer, Barrackpore P.O. & P.S.: Barracicpore, District: North 24
Parganas PIN-700 120
1 he Inspector-in-Charge Nirnta Police Station
Birati, Kolkata-700051
hrEsiZctor-in-Charge Airport Police Station Airport, Kolkata-700051
s4;elselavAeovra
Subject: Cancellation of illegal enlistment of the unauthorised developers/ promoters/ works contractors along with the illegal enlistments of the unqualified L.B.S. to the North Dumdum Municipality with the illegal syndicate culture of West Bengal to protect public interest.
I, Biplab Kumar Chowdhury, son of Late 13irendranath Chowdhury of Purbita, Kabi Sukanta Sarani, Airport Police Station, Kolkata-700 051, would like to state as under:
am a peace loving and law abiding citizen of India. I am a 56-year-old family man having a wife and a daughter and a son. I am a social worker and activist in respect of the Right To Information Act and I have been raising several issues of public importance over a considerable amount of time.
In connection of my earlier letter dated 06.052016 to you and others, I would like to record the fact that the North Dumdum municipality had made illegal and wrongful enlistment and registered 76 number of developers promoters and 46 works contractors according to the memo number NDDM\ RTI\ 5642 dated 05.02.2014, which is according to the illegal syndicate culture of West Bengal. Not only the said municipal authority had registered arty person from carrying business as Developers/ Promoters/ Works Contractors within the jurisdiction of the having enlistment in the municipality against the streamlines and formalities of the Municipal Affairs Department, Govt. of W.B. vide no. 165/MA/0/C-4/2198 dated 09.03.2014, due to malafide intention and vested interest of the said Authority.
In this connection, I would like to record that the municipal authority had failed to give information in details of the said unauthorised Developers/ Promoters/ Works Contractors regarding the registration numbers of the T.D.S., Labour License, V.A.T., Service Tax, C.S.T., Income Tax and others, which are gross violation towards the evasion of government revenue and as well as against the success and development of the state.
It's a fact that the municipal authority has suppressed to give information regarding the enlistment and registration of the unauthorised Developers/ Promoters/ Works Contractors of the Municipality. A few details of the unauthorised Developer/ Promoter/ Works Contractors are given below for your necessary action and enquiry to protect public interest:
I. Shambu Nath Saha at Kalabagan, Birati, Kolkata-700051 H. Gupi Nath Saha at Kalabagan, Birati, Kolkata-700051
III. M/s Gandeep Sales Pvt. Ltd., M.B. Road, Birati, Kolkata- 700051 IV. M/s Vishwakarma Abasan, Dhmdum Market, Kolkata-700028 V. M/s Ranjan Construction Co., M.B. Road, Birati, Kolkata- 700051
VI. Blue Haven at M.B. Road, Near Mini Bus Stand, Birati, Kolkata-700051
oFitrAgerfenznowe ay'
VII. Bisvvanath Das, Pathanpur, M.B. Road, Nirnta, Kolkata-700049
The Municipality had also ignored/ avoided/ suppressed in providing proper information and whereabouts regarding the unauthorised dealers/ merchants/ suppliers of the building materials, who are running illegal syndicate culture with the help of different political leader, unauthorised L.B.S. and unauthorised developers/ promoters/ works contractors. A few details of the illegal construction beyond the sanctioned plan are made with the illegal syndicate culture of West Bengal:
I. Hiranmay Roy & Others, M.B. Road, Pathanpur More, Nitnta, Kolkata-700049
II. Ashok Ghosh & Others, Ward no.-26, S.L. Chatterjee Road, Nimta, Kolkata-49
III. Blue Haven, M.B. Road, Ward no.-18, Near Mini Bus Stand, Birati, Kolkata-700051
IV. Ranjan Construction Co KhIlisakhota Bharati Milan Sangha, Birati, Kolkata- 51
V. Vishwakanna Abasan, M.B. Road, Siddheswari Kali Bari, Birati, Kolkata-700028
It is also found from the relevant papers and documentary evidence that the North Dumdum Municipality Authority had made illegal enlistments of the unqualified and unauthorised L.B.S. at Public Works Department against the Building Rule, 2007: The said Authority refused/ avoided/ ignored to give proper information regarding the qualification of the L.B.S. of P.W.D.. A few of details of the unqualified and unauthorised L.B:S of P.W.D., North Dumdum Municipality are given below for your informatthn and necessary action:
L Shankar Kumar Roy of M/s S.K. Roy & Co., 61 New Road, Mandirpara, Birati, Kolkata-700051, Class-I Gouttam Paul of M/s G.Paul & Co., 18 Mahajati Nagar, Block-5, Birati, Kolkata-700051, Class-II
HI. Rana Dey of M/s Delta Consultant, Adarsh Pally, Birati, Kollcata-700051, Class-I
IV. Sk Najem Hussain of M/s N. Hussain & Co., Fatullapur (North), Nina, Kolkata-700049,
V. Gouttam Paul of M/s Gouttam Paul, 29 K.K. Pally, No.-4, Birati, Kolkata-700051
VI. Sk. Sahidul Haque, of M/s Sk. Haque & Co., Fatullapur, K.N.I. Sarani, Kolkata-700049, Class-III
VII. Manoj Kumar Chakraborty, Sardarpara, Birati, Kolkata-700051, Class-I
I would also like to record that the North Dumdum Municipal Authority and Police Administration is not interested to stop/ resist illegal syndicate culture towards illegal and forcible supply of the building materials to the illegal and unauthorised developers/ promoters/ works contractors who are continuing the illegal constructions of the building projects. More important is
ae,f, the" -0,0. • e eige the aC-7
fact
Thanking you,
TREASIRY 'tla10143
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that the said .Municipal Authority, had failed to comply with the valued order Of the Respected District Magistrate, North 24 Parganas, vide no.-35(10)/XL/Law dated 14/02/2014 in ref. valued order of the Hon'ble High Court, Calcutta, order no.- W.P. 130010(W) 2013 regarding the instructions to clear any
encroachments of the Main Road and under the over bridge of Birati Railway Station and also to remove the unauthorised parking of any vehicle standing on the road so that daily pedestrians may not face the slightest of the trifles while moving across that area. But it is strange that the syndicates of building material suppliers are still encroaching the said road, storage of the building materials are in full swing and the illegal parking of vehicles every day is still going on unabated. The Police Administration has also inaction on its part for not complying with the valued order of the District Magistrate accordingly.
Under these circumstances, I once again demand that within 15 days of receipt of this letter,
A. You are cordially requested to cancel and withdraw the illegal
enlistments of unauthorised and unqualified L.B.S. of P.W.D. out of 61 no.s of enlisted L B S
B. You are cordially requested to cancel and withdraw the illegal enlistment of the Developers/ Promoters out of 76 no.s of the Municipality
C. You are cordially requested to cancel and withdraw the illegal
enlistment of the Works Contractors out of 46 no.s of the Municipality D. You are cordially requested to stop/ resist the syndicate culture towards the illegal storage of building materials on the road and disband the illegal construction by the developers/ promoters.
K You are cordially requested to provide or supply me the relevant information along with the relevant documents of my above referred serious complaint, failing which I shall be constrained to follow the natural course of law.
Yours faithfully,
atar-74,
Biplab Kumar Chowdhury 108 M.B. Road, Purbita, Sukanta Sarani, Birati Kolkata- 700051
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. The Addl. Dy. Commissioner of Police, Detective Department, Bidhannagar Police Commis, onerate, S Lake, Kolkata 700‘33.933.
C The Commissioner of Police, Bidhannagar Bidhannagar Police Commissionerate, Salt Lake, Kollcata 70o 0.5s •
Dear MadanVSir/s
Biplab Kumar Chowdhury, son of Late Birendra Math Chovvdhury of 107
: - Road, Purbita, Sukanta
Birati, Kolkata, 700053, would like to following
I. l am a peace loving and law abiding citizen of India. I am 56 years old T'amily man. I am a social worker and an activist in respect of the Right to Information Act. I have been raising several issLes of public itance
OVCr considerable period of time, which, re of great benefit to the p mporublic at large,
2. I have received a letter dated 19.05.2016 from you, with referreace to my complaint letter dated 06.05.2016.
3. At the outset let me point out that I am very surprised to find „mit you have
responded to a complaint in which you were never made a riariy. However, I believe that you must be acting on the intrustion of the Commissioner of Police, Bidhannagar Police Corrunisionerate.
4. Be as it may, it is good to note that the police authorities are admitting the issues raised by me in my complaint dated 06.05.2016 that some people, the syndicate, are involved in conducting illegal business.
5. However, sadly, your letter does not address the serious issues raised by me and is a mere stereotyped reply, no pun intended. You have not bothered to deal with any of the issues raised by me in my complaint.
En your letter you have mentioned about a writ petition being W.P. No. 30010(w) of 2013 and a contempt application arising out of the same which was dismissed by the Hon'ble High Court at Calcutta. .I would like to point out that probably you are not aware of the complete facts. The District Magistrate, North 24 Parganas, by an order dated 10.02.2014, in compliance with the order of the Hon'ble High Court at Calcutta in W.P. No. 30010 (w) of 20113, had directed the concerned authorities to remove ail illegal encroachments. The Chairman, North Dumdum Municipality by letters dated 23.02.2015, 25.05.2015, 13.072015 i:ind 22.07.2015
. had repeatedly requested the concerned authorities to take all necessary steps and to comply
7 979%c>ttet- 0
Date: 31.05.2036
Sub: - 1. Your letter dated 19.05.2016 being memo no. 709/16/DC DD (ADCP)/BDN PC
2. My letter dated 06.05.2016
-222 - the order of the District Magistrate dated 10.02.2014. However, till date the concerned authorities have not bothered to take any steps to comply the said order. Copies of the letter dated 23.02.2015, 25.05.2015, 13.072015 and 22.07.2015 are annexed herewith and collectively marked as Annexure A.
7. Again in your letter you have mentioned about a case where I was assaulted by some persons being Airport Police Station Case No. 253/13 dated 25.08.2013. You have further mentioned that after conclusion of the Investigation, all 7 accused were charge sheeted. Again it appears that you are not aware of the complete facts. The Investigating agency did submitted a charge sheet against 7 accused but prayed for discharge of 2 other accused which was allowed by the Learned Magistrate. I had moved a revisional application against such discharge order of the Magistrate before the Hon'ble High Court at Calcutta in CRR 2294 of 2014 and the Hon'ble High court, after hearing was inter alia pleased to set aside the impugned order dated 18th February 2014 and subsequent orders passed by the Learned Additional Chief Judicial Magistrate, Barrackpore, in G.R. No. 3999 of 2013 and directed that the Learned Magistrate to give opportunity to me to file an application raising objection against, the result of investigation of the criminal case within a period of four weeks from the date of this order. The Hon'ble High Court was further pleased to direct that the Learned Magistrate to decide the issue whether the accused Sunil Chakraborty and the accused Tulu Bal will be discharged from the case on consideration of{ the materials available in the case diary after giving an opportunity of hearing to both parties within a period of two weeks from date of submission of application by me. A copy of the order of the Hon'ble High Court at Calcutta is annexed herewith and marked as Annexure B.
8. I fmd it very strange as to why you have referred to a personal case of mine and have tried in a way to shift the bone of contention raised by me in my complaint by giving it a colour of personal dispute. Let me remind you that I had only referred to the above case as to show that since I have been raising the issues of illegal activities of the syndicate, some persons are bent on causing harm to me and trying to stop me. It seems that you have completely deviated from the main issue raised by me.
9. In your letter you have failed miserably to state anything as to what steps have been taken with regard to illegal, and malicious activities of illegal groups/association of people better known as the Syndicate in illegal filling up of water bodies, coercive supply of sub-standard building materials, manipulation in granting sanctions to building plans by placing unqualified LBS officers in municipalities among others.
10. You have failed to deal with the issues categorically as raised in my complaint and have tried to side track which is very unfortunate.
11.0n 17.05.2016 I wrote a letter to the concerned authorities regarding cancellation of illegal enlistment of the unauthorized developers/promoters/works contractors along with the illegal enlistments of the unqualified LBS to the North Dum DUm Municipality with the illegal syndicate culture of West Bengal to protect public interest. However, neither the concerned authorities not you have furnished any reply to the sanae., A copy of the letter dated 17.05.2016 is annexed herewith and marired as
. Again by a letter dated 18.08.2015 the SP, North 24 Parganas, Barasat wrote a letter to the Joint Commissioner of Police and the Deputy Commissioner of Police, Bidhannagar Police Commissionerate, requesting them to take necessary steps with regard to SLP (Civil) No. 13568 before the Hon'ble Supreme Court of India arising out of W.P. No. 14462 (w) of 2014 in the matter of Biplab Kumar Chowdhury vs The State of West Bengal & Ors. A copy of the said letter dated 18.08.2015 is annexed herewith and marked as Annexure D.
13.Again on 28.08.2015 the Commissioner of Police, Bidhannagar Police Commissionerate disposed of a First Appeal under the Right to Information Act, 2005 with reference to my application dated 04.07.2015 inter alia directing the SPIO to supply necessary information if available to me by 14.09.2015. But till date I have not received any information.
14.1 once again repeat and reiterate all points raised by me in my complaint dated 06:05.2016 and I request you to, within a period of 7 days from the receipt of this letter, to: -
a. Take all necessary steps to prevent such illegal acts of the syndicate;
b. Register specific cases against the perpetrators of crime. c.
Intimate me with proper records as to what steps have been taken in this regard.
failing which I shall be constrained to follow the natural course of law.
Thanking you,
Eozch: Rennex z.vze-1/4 10000 re, 4e2
Y s faithfully Aensalte 42);;;S:
Biplab Kumar Chowdhury
-23°
797771e-W.alep-
To, Date: 09.06.2016 The Chairman, BaraNagarMunicipality, Kolkata- 700036
Sub:- Illegal construction of building and violation of santioned building plan.
Dear Madant/Siris
13iplab Kumar Chowdhury, son of Late Bitendra Nath Choweruy of 108 M.B. Road, Purbita, Sukanta Sarnia, Birati, Kolkata, 700031, would like to state the following:-
1. I am a peace loving and law abiding citizen of India. I am 56 years old family man. I am a s octal 'Invo its/. and an activist in respect of the Right to Infonnation Act. I have been raising several issues of public importance over a considerable period of time. Upon my applications, inter alia, the Hontle National Green Tribunal and the Montle High Court at Calcutta have issued several important guidelines and orders with respect to Illegal lifting of sand iinra river bed and illegal filling up of water bodies, which are of great benefit to the public at large.
2. Recently, I came to know from some reliable source that illegal conttuction /have been made in violation of santioned building plan by M/s. Dolga
Construction, Debarshi Developets Pvt Ltd and Ws. Eden City Lake Side with the help of syndicate people, in and around Baranagar Municipality, Mouza Palpara, land measuring 5 Cottahs 4 Chhitacks 38 Sq. Ft in Dag No. 42 under Khatian No. 1075.
3. I have also heard that the Government of West BEngal has some stake in the property and these develops anci promoters have made illegal construction in the said property.
Under the circumstances, I request you In, within a period of 3 days from the receipt of this letter, to:-
a. Take all net es s cry steps to prevent such illegal acticities b. Register specific cases against the perpetrators of crime. c. Intimate me with proper records as to what steps have been taken in this
regard. falling which I shall be constrained to follow'the natural course of law.
Mantling you, Yours
Iaithfully
ariAM lse? Biplab Kinnard'
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krnoiewat 10.
Date:13.062016
The Chairman
North Dumdum Municipality
163, M.B. Road, Birati, Kolkata-700 051
.‘„,/. The Board of Councillors
North Dumdum Municipality
163, M.B. Road, Birati, Kolkata-700 051
-Yr. The Executive Officer
North Dumdum Municipality
163, M.B. Road, Birati, Kolkata-700 051
The Assistant Engineer, P.W.D.
North Dumdum Municipality
163, M.B. Road, Birati, Kolkata-700 051
.✓ 9. The Sub-Divisional Officer, Barrackpore
P.O. & P.S.: Barrackpore, District: North 24 Pardanas PIN-700 120
/10. The Commissioner of Commercial Taxes, West Bengal
14 Beleghata Main Road
Kolkata-700015
/1. The Inspector-in-Charge
Nimta Police Station
Birati, Kolkata-700051
\ / ,- , 8. The District Magistrate, North 24 Parganas
P.O. & P.S.: Barasat, District: North 24 Parganas
PIN-700 124
\y/1 The In-charge, License Department
North Dumdum Municipality
163, M.B. Road, Birati, Kolkata-700 051
N/6. The Secretary, Government of West Bengal
Municipal Affairs Department
Writers Building, Kolkata-700 001
The Director of Local Bodies, West Bengal &
Ex-Officio Joint Secretary, Government of West Bengal
Municipal Affairs Department
Purta Bhawan, Bidhan Nagar, Kolkata-700 091
712. The Inspector-in-Charge
Airport Police Station
Airport, Kolkata-700052
cra?iek.4air dirollay
-0232 - Subject: Prevention of illegal construction over illegally filled water body and
unauthorised construction beyond the sanction plan and over the industrial land; to protect public interest.
I, Biplab Kumar Chowdhury, son of Late Birendranath Chowdhury of Purbita, Kabi Sukanta Sarani,
Airport Police Station, Kolkata-700 051, would like to state as under:
I am a peace loving and law abiding citizen of India. I am a 56-year-old family man having a wife
and a daughter and a son. I am a social worker and activist in respect of the Right To Information
Act and I have been raising several issues of public importance over a considerable amount of time.
In connection to my earlier letter dated 06.05.2016 and 17.05.2016,1would like to record that
the North Dumdum Municipality has not taken any proceedings and legal action against the
illegal construction over the illegally filled water body and unauthorised construction beyond the
sanctioned plan and over the industrial land against various public complaints of the locality.
These illegal and criminal activities have been running with under the aid and aegis of the
Syndicate Culture of West Bengal spanning a long period.
As you are aware that under section 17A of the Inland Fisheries Act, no person shall fill up any
water area with the view to convert the same into soiled land for the purpose of construction of
building or within the jurisdiction of any Municipal Corporation or any Municipality divide any
water area into parts which is punishable offence under the Act.
Also under section 45 of the West Bengal Town and Country Planning and Development Act, no
development institution or change of use of any land shall be undertaken or carried out without
obtaining permission in writing and without obtaining a certificate from the concerned authority
certifying that the development charge as leviable under the Act has been paid or that no such
development charge is leviable.
Under Rule 8(3) of the West Bengal Municipal (Building) Rules, 2007, no canal, pond, water body,
wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall be filled up
provided that after taking due consideration of the existing relevant Acts, the drainage slope, slip,
landslide, ecology, culture, environment, pisciculture, firefighting or any other material
consideration, and for reasons to be recorded in writing the Board of Councillors with the prior
approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood plain
area to be filled up.
It has been found, from the records, documentary evidence and replies against R.T.I.
Applications, that the North Dumdum Municipality has not taken any step, proceeding or legal
action against the following projects which are also running under the aid and aegis of the
Syndicate Culture of West Bengal and that too with malafide intentions and vested interest. A
few details are given below for your record, enquiry and necessary steps in accordance with
17(A) of Inland. Fisheries Act, Under Section 45 of the West Bengal Town and Country and
Planning and Development Act, under Rule 8(3) of the West Bengal Building Rules, 2007, and as
well as Building Rule, 2007; to protect public interest and development of the state of West
Bengal accordingly.
A few details of unauthorised construction over illegally filled water body and unau'horised
construction beyond sanctioned plan, are given below for your record and necessary action:
aged lnri.oa.T cor-Aa7
_ ;33 -
i. Parvati Garden at Gitanjali Park, Ward no-17, P.O.-Rajbari Colony, P.S.- Airport, Birati,
Kolkata- 700081, made unauthorised construction over illegally filled water body and unauthorised construction beyond sanctioned plan.
H. Construction of building/ project on industrial land of Dhalai Karkhana, Durga Nagar, Ward
no.-23, Mcuza-Dakshin Nimta, Dag no.-9500, 9501, 9502, 9503, 9504, 9505, 9506, 9430,
9431, 9432, 9433, 9434, 9535, 9536, 9557; P.O. & PS.- Nimta, Kolkata-700049.
HI. Unauthorised construction over illegally filled water body and unauthorised construction
beyond sanctioned plan of Ranjan Construction & Company at Ward no.-19, Khalishagota
Pally, near Bharat Milani Sangha, P.0.-Birati, PS- Nimta, Birati, Kolkata-700051.
IV. Unauthorised construction over illegally filled water body and unauthorised construction
beyond sanctioned plan running by Mr. Salil Saha, Ward no.-19, Khalishagota Pally, near
Bharat Milani Sangha, P.0.-Birati, PS- Nimta, Birati, Kolkata-700051.
V. M/s Blue Heaven, Building Project at Siddeshwari Bazaar on the M.B. Road, near Birati Mini
Bus Stand, Ward na-18, P.O.- Birati, P.S.-Nimta, Kolkata-700051; running unauthorised
construction over illegally filled water body and unauthorised construction beyond sanctioned plan.
Vi. Unauthorised construction over illegally filled water body and unauthorised construction
beyond sanctioned plan by Mr. Bidhan Saha, Ashok (Chaitanya) Saha and Babla Dutta at
Block no.-4, Maharaja Nanda Kumar Road, ward no: P.0.-Birati, P.5.-Airport, Kolkata- 700051.
VI I.M/s Bishwakarma Abasan running unauthorised construction against the Building Rule,
2007; at 151 (138) Sarat Bose Road, Ward no-17, having dag no: 713, land area-7 k-7ch
under sanctioned plan no 564 dated 18.08.2014, P.O.-Rajbari, P.S.-Airport, Kolkata-700081
VIII. M/s Saha & Sons, Developer, running illegal construction of Second Floor on 8ft wide road
against Building Rule, 2007. The said promoter is also running unauthorised construction
beyond sanctioned plan at dag no.-720, Khatian no.-422 & 444, Mouza- Birati, 260
Mahajati Nagar, Siddeshwari Bazaar, Ward no. P.O.- Birati, P.S.-Nimta, Kolkata-700051.
Under the circumstances, I request you to, within a period of 3 days from the receipt of this letter, to:-
a. Take all necessary steps to prevent such illegal acticities
b. Register specific cases against the perpetrators of crime.
c. Intimate me with proper records as to what steps have been taken in this regard.
falling which I shall be constrained to follow the natural course of law.
Thanking you
Yours faithfully
a2-441/040ereve C-1"47' afre-Aap,e: Biplab Kumar Chcwdhury
DISTRICT: NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCU I A CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No. (W) of 2016;
In the matter . An application under Article 226 of the Constitution of India;
And In the matter of : Biplab Kumar Choudhury
.. Petitioner Versus
The State of West Bengal & Ors.
... Respondents
WRIT PETITION
Mr. Arnab Sengupta Advocate
High Court, Calcutta Bar Association. Room. No.16
Mobile : 8697822890.
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