4rnab Sengupta - SARTHAC

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.


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


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


Bidhannagar Municipal Corporation,

Poura Bhawan, FD-415A, Sector 91,


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


Kolkata, 18, Lalbazar Street, Kolkata

700001

9


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,


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


Police Station - Nimta, Kolkata

700051

49. Kaliprasad Guha, of Swami

Vivekananda Road, 10th Bye Lane,

Ward No.20, North Durn Dum



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,


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,


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,


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


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


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


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


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,


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


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


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.



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.



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


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.



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



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.



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.



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.



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



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.



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.


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.



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.



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.



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


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


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


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.



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.



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.



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



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


"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


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


"Syndicates" who are bent on illegally filling up of water bodies,

forcibly supplying substandard building materials, placing


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.

IN TODAY'S PAPER Front Page Nation Calcutta Bengal Foreign Business SPorts Horse Racing OmMon

WEEKLY FEATURES Knowhow mon Jobs Tun You Mon Sall Lake Fn ]days Sun Graphiti Sun

LEISURE Sudoku Sudoku New Crossword tumble Gallery

ARCHIVES

Since 1 March, 1999

PRESS RELEASES Susinesswire India NowsVair PR Newswire

EXTRAS Travel

THE TELEGRAPH About Us Advertise Feedback Contact Us

t Tweet Get ;

Mara alnrl.. In Fran/ Paris

auus aiogia ssons moo pus Auo azotra alp ssarat Sarasota; gap peal& pure rano locti `sta;s2tte8 Aq panauuoa `,.snragoas, totgaddlisg; sangriad000 alp azojaq Ettof ;au

SE/N Lb `JanamoH •spaloid asatp pug! gag; ;so! ognt arp 3poia lour 04 „sanpinad000 ,slasot-prrer, paano; @swan) swat Jo ,3 pug! Nyantuatoo $truzu •padoranap act ol =gag mast-lox Jo tuaissa atp put ponpacroo sem untoj, marq isturefEIT or; naqm u2notra Aptraootrul ungraq TN put u `Xpitoram

'Pouts paBtreq° ssq tptur/ 2tropoN /Sappy aq „`atrantaog Arampatuur! saop uogousluutrue ams °Imp rouuo0 puoAaq a rpm uonengs losuesy pug amg-i ggs sbUipung moo Suumulsuoo augur stuamold trims Sum; uaaq ;mop turbo •sunoa arp gtigrds vans ;on am samorputis Jo slacturatu Nip BuTuagre os rt.! tropongS arm, •Aittuctad spp sakagi S10IITILIOACq ams aq; moo sem simttom aul Jo ;ulna xgrquecka aopsnr „` foz anioNtrAs tions isuirSis SOMSE0111 2110.148 931.82 apuoct snoA 51sTvr„

posllsnowlmSul os autooa AN

.purq la; 51t pions alga =act los sett Arelolptd atp Liana retp q se aq; Jo Agirnb pas aapd aq; Janarewo ssanddns !gool tuoag stepareo .gatp a; ovum &gonna taarAs aqy :Cgs .ism sassoq do; alp .ranaregm pawardn Apsga aq lou

Two pus lama ;gam It! alga pus daap pgaids seq sasilograts lot arealpuAs Stoprmadire atp Imp ;or arn

'moo cs sAup aq; u! os aq anupuoa min puy .paaptx! turn Joj auu sl am tug ;gulag pagpot sous tropartiNnO° N 31.10A1 JO ESECIdOlS alq!au4 ptre uoluona 'gums Jo SESE3 °tenurial `siapinur anquo salreqa atp Strwtrelsqueolou - saurus aq „tagatosnortt .qaquo tp2uai alp /0011)1 - 001100 zip 03 Auraprold stq BuTspianrinot(tts Nu sr lanataoq 011m poor; trupa y •at pranuoi 3tool ot asp Swaim ulyrn tram Eun0A 01:110001

Jo aomos s aprnoid stream =pang Aq gay aq; Eu!qqau 1plud sAes „`pooh asrll tag j„ 'Salop s! aq ;awn u! guatto Sugpou saas pay -sigualgta gurpums-gns pug suuat sty idaaar sapreduroo yeaqmoot 04 „apsnta xau 03. mug noX,, 2trpmapt uT uollogsati ou sgg satureja; aS010 Jaipo pus saiscrciat 4saisno° Aq ppq slaw aura puripq am; 2u1App alp pu sawagatas o.»

30 .1011m0 Eta

•gdadto;oqd sup wtavdtcroaos Nrtp /wawa= alp tri paqsegtom Agenba sl ttmatbragq atp ul gEll DIALL g Pug rump ploSita pug ;aigu!s °Tx sgi m ladrdoinau gdodialal atu, .10j Ammo! Sensed gird opAi gum! i spp .To;

Aoq sa;sod aq; aq lam pinoo zumax punare pug m malcud uopattusuoa ;amap-2m o; grepateur pug tram 3tgAiddns ssoq awarputis r "Rya tupplumez „-oo; auu aq luta nix( 'atm WE I stream Tootugupl„ :s! manual° Ammons Stgo2uo alp zo; Buos °warp siaatiougs gurepyo aull Scusop atu

wolum73 f entis Lo) 5761 alutIS urrid Iluca

# ILIUGH MAW SS° 0 I tinnIRL# 1A11# eau.) .1.4.noAD g3D, # trantIMpitur# uopiara Roguassv Igfluaa 3s9m, 910Z#

910Z 49 KIVA-

uo og rpm apu scclutunpv Japan paity.np pup ssaussapint iniaua2 pun ,InJ aluaipuits, at u,

eLLSOCUSHIA uo c43 jumepoi Inman lapin pootao goo BSOUSSOIMOI patted pue .fEu oryirocuts, !Jut! o

— EtOz

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

a *UM 4t. 44`,0004 OA OA.

Vsist, cc. riAll C fri4' ).

Y ES1D • IRO

- I •

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


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: [email protected]

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 .

c)UM IR

0 %) " .4) g4. 0

0 Alcis

cc

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: [email protected]

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: [email protected]

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


(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


- 2008 to 2014 - 2015 of the promoters and

developers of the Corporation/Municipality



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


- 2008 to 2014 - 20Th of the promoters and.

developers of the Corporafion/Municipality



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


- 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


(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


(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


- 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



of the Corporation/Municipality whose are



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



of the Corporation/Municipality 'whose are



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


- 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


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


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


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


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,


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,


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,



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 -


700051.

xvi) Water Body of 28 Khata at

Pharidpur Pally (Ganesh butte Road),

Dag No.773, Mouza - Birati, Ward




, 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


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,


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,


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 -


ii) Water Body , of 10. Khata at

Swami Vivekananda Voad„74 By Lane,

Ward No.20 (new), North Duni Punt

Municipality; Police Station - Nimta,


iii) Water Body of 20 Khata at



(new) 10 (old), North Dian Dum


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


v) Water Body of 20 Khata, Owner

Sri Barin Roy Chowdhury at Swami

Vivekananda Road, 1st By Lane, Ward


Post Office • Birati, Police Station -


vi) Water Body of.13 Khata, Owner


Vivekananda Road, 6th Bye Lute, Ward

No.20, North Dum Dum



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


-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




Ward No.9, North' Dum Dion Municipality, Post Office . and Police


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


Post Office - Bira U, Kolkata - 700051.



Mouza - Birati, Ward No.14, North


Birati, Police Station Nimta, Kolkata -.700051.


Pharidpur Pally (Ganesh Dutta Road),

Dag No.773, Mouza - Bind, Ward


Post Office - Birati; Police Station -


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



MUnicipality, Police Station - Dum

Dum, Khalishakota Pally, Owner



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,


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 -


Water Body of 10 Khata at

Swami Vivelcartanda Road, 7th By Lane,

Ward' No.20 (new), 'North Dum Dum

Municipality, Police„ Station - Nimta,


-/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





Mouza, Dag No.8122, 8123, 8124; 8125,

8126, 8127, 8128, 8129, 8130 under Ward

No.11 (new) 10 (old), North Own Dum




Sri Barin Roy Chowdhury at Sivami

Vivekananda Road, 1sto By Lane, Ward




vi) Water Body of 13 Khata, Owner






-132? 14


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.


Mukhenee Road, 9th By Lane/K.K. Ram


Municipality, Post Office - Birati, Police


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.




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,


Tulshi Bagan, A,P.C. Roy Road, Ward


Post Office - Birati, Kolkata - 700051•



Mouza - Birati, Ws;rd No.14, North

Dum Dum Munidpality, Post Office -


700051.

16


Pharidpur Pally 1Ganesh Outta goad),

Dag No,773, Mouza - Birati, Ward No.18, North . Dum Dum Municipality,

Post Office - Bimti,, Police Station -



- Sultanpur, Ward N6.18, North Dum

Dum Municipality, Owner Partha Das,

son of Nakuleswar Das, Marsha Pally,

Post Office Birati, Police Station -



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,


xix) Watei Body of 19 Khata, Dag

No.1522 and 1523, Motzza - Sultanpur,


Municipality, Police . Station. - Dum



- 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.


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


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 -




Majarhati Prathimik Vidyalaya, Ward

18

No.25, North Dum Dum Municipality. Post Office Birati, Police Station - Nimta, Kolkata - 700051.




Municipality, Police Station. Nimta,


W) Water Body of 20 Khata at



(new) 10 (old), North Dum Dum


Station - Nimta, Kolkata - 700049..



Mouza, Dag No.8122, 8123, 8124, 8125,

8126, 8127, 8128, 8129, 8130 tutdeiWard

No.11 (new) 10 (old), North Dum Duni




Sri Barin Roy Chowdhury at Swami

Vivekananda Road, lit By Lane, Ward

No.20, North Dum Dum Munidpality,

- lit 3 - • 19






No ,20, North bum Dum Municipality,




Mamata Paul at Swami Viveicananda


Dum Dum Municipality, Poit Office -

Birati, Police Station r Nimta, Kolkata -

700051.

viii) Water Body of 14 Khata, Owners


Das at Swami Vivekanartda Road, 10th

Bye Lane, Ward No.20, North Dum



700051.


Mukherjee Road, 9th By Larte/KK.Marn

Das Road, under North Dim Dum


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


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 -


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.


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


Birati, Police Station -; Airport, Kolkata -

700051.



fys

21








700051.

xvi) Water Body 'of 28 Khata at

Pharidpur Pally (Canesh Dutta Road),

Dag No.773, • .Mouza - Birati, Ward


Post Office - Strati, Police Station -



- Sultanpur, Ward hio.18, North Duni


sort of Nakuleswar Das, Adarsha Pally,

Post Office - Birati, Police Stdtion. -

Ninth, Kolkata - 700051.


- Birati, Waid No.18, North Dum Dum


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,



Ward No.19, North Dum Duni

Municipality, Police Station - Dum





'Dum Darn Municipality, Ward No.15,

Block - III, Kalabagan, Post Office - Birati, Police•Statlon - Airport, Owners

Tapan Chatterjee and Binoy Shushan

Chatterjee.





Post . Office - Bfrati, Police Station -


Others.

e) Please supply me , the 'detailed


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 Prathamik 'Vidyalaya, Ward

No.25, North Dum Duni. Municipality,

Post Office - Bixati, Police Station -





Municipality, Police Station - Nirnta,


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


Station - Nirrtta, Kolkata - 700049.



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,



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.


Mainata Paul at Swami Vivekananda r I


Dum num Municipality, Pest Office -

Birati, Police Station - Narita, Kolkata -700051.

viii) Water Body of 14 Khata,,Owners



Bye Lane, Ward No.20, North Own

Duni Municipality, Post Office - Birati,

25

Police Station Nimta, Kolkata - 700051.


Mukherjee Road, 9th By. Lane/K.K. Ram



Station - Nimta, Kolkata -700051.


Chowdhury Para Main. Road, Nimta,

Ward 14o.9, North Dum Own.



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 -


xii) Water Body of 15 Khata at

Nazrul Path, Ward No.13 (new), North,



700051.


Block No.4, Mahajati Nagai, Jupiter


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


No.14, North Own Dum Municipality,



Swamiji Pally, Dag No.605 • to 607,


Dum Own Municipality, Post Office -


700051.


Pharidpur Pally (Ganesh Dutta Road);

Dag No.773, Motiza' - Birati, Ward

No.18, North Durn Dum Municipality,


Nimta, Kolkata,- 700051.


- Sultanpur, Ward No:18, North Dum


-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


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,



Ward No.19, ' North Dum Dum

Municipality, Police Station - Dum

Dum, Khatishakota Pally, Owner

Chunilal Mukherjee 4F Others.


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.



-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


department had/had not made any

complain and had/had not resist

towards illegal construction over the

said -




Majarhati Prathamik Vidyalaya, Ward .

No.25, North Darn Dum Municipality,


Nimta, Kolkata 700051,


Swami Vivekartancia Road, 7th By Lane,

Ward No.20 (new), North Dtnn Dun

Municipality, Police Station - ' Nimta,


iii) Water Body Of 20 Khata at •


-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.



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



Sri Barth Roy Chowdhury at Swami.

Vivekananda Road, 1.st By Lane, Ward


Post Office - Birati, Police Station

Nimta, Kolkata,- 700051.


Smt. Tripti ChOwdhury at 8waini

Vivekananda Road, 6th. Bye Lane, Ward


Post Office - Birati,. Police Station



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



Bye Lane, Ward, No.20, North Dum



700051.


Mukherjee Road, 9th By Lane/K.K. Ram



Station - Nimta, Kolkata - 700051



Ward No.9, North bum Dum



xi) Water Body of 18 Khata at Rishi

Bankim Road, Ware No.11 (new) 10

(old), North Duni Dum Municipality,



- 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.




No.359 to 363 and Dag N9.407,

Gouripur Mouza, Ward No.15, North'


Birati, Police Station - Airport, KoRata -

700051.



No.14, North • Dum Dum Municipality,

Post Office - Birati/Kolkata - 700051.

xv) Water Body 9f 26 Khata at



Dum Dum Municipality, Pest Office -


700051.

xvi): Water, Body of 28 Khata at

Pharidpur Pally (Ganesh Dutta Road),

OF



32

Dag No.773, Mouza - Birati, Ward No,10, Mirth Dual Duni twitinaalaialltsa Post Office - Strati, Police Station -

Ninth, Kolkata - 700051.


- Sultanpur, Ward No.18, North Dum

Dum Municipality, Owner Parlith Das,

son of Nakuleswar Das, Adarsha' Pally,

Post Office - Birati, ,Police Station -


xviii) Water'Body of 37 Khata, Mouza

- Birati, Ward No.18, North Dum Dum


Station - Nimth, Dag No.795, 7%, 797,

798, 799, 800, 801, 802,, 803, 804, 805, 806,

„807, 808, 809 at Siddheshwari Bazar,


xix) Water. Body of 19 Khata, Dag

No.1522 and 1523, Monza - Sultanpur,

Ward No.19, North Duin Dum

Municipality, Police Station • - Dum


• Chunilal Mukherjee & Others.

4/2,015"


- 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,


Ward No.15, North Duni Dum


Post Office -Birati, Police Station -


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


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


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,


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,


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-


(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.


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


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.


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. waterbodies 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


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 [email protected] 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".

cf-e-Xyr7

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.


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.


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,


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


28 Khata at Pharidpur Pally (Ganesh Dutta Road), Dag No. 773,

Mouza Birati, Ward NO. 18, North Dum Dum Municipality, Post


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.


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.


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.


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.


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.


-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,


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.


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,


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.


- 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.


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

TP1:401ki PCi Gal {0

i}t

.":; qAPkEi i'.1

v AT'

carder tka2a-Cciel

KtIKATA, PACT Pared8IFtha ktM CHIPAPY , rit:clfgraffs, AntA17-0i1 ,15/CiSta.Ao .i2:52 ruestka.7..laga raA. a teiidRyiDWW.105 — . •

--__---

Mgr raP TEASLIW rtilLOThA PP (Moot,̀

998 th:14 2' A C4i fiitai-%?40P-CatirnPa:

TI-E DIP CP 1.10t. csom ',FF. kci.HATA, PIN1XA FrorthiPtakil , taa-A10051. 14b3tstra'rta„

5.74112'.05 ,17:05/2016 .121f.A fasesaRs,2.0.:XONKPf nal. . a irdid 0,-Aakt:00

- Arnadecor p_s3,

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

Laranr ta-a2(P-entienV; (611Fkanift,Cfitl inaa,

' PUMA, Pat:0)315 i;'ytaaaf44.06 ictjaFP CI-Cakidef , W59-700051 ahaayean,

tt17.Cta 424+5/416 ,12:53

nut a nnlid An:X1200

'EP IPEn2:19.1; Kahn% Pa (7.:KrOnla i.129;aiCnataa'31!',1

tnianie1'c 43:2,(P-enden3a: Nts MAGISTRATE,trf<TP 24Pnia

Viii:X4124; PrmaPiftge E'U 01:4414.16' , gi.rin0051 tabannain., aart:17.‘X,' ,17/05/16 Inaaskn.2.1);431fte not a kain

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

GP TfeaRi MUSING PO i2003413. Et;119961RnialaaN '

ftr9liffIVAS, Frcaa

Eifnfliai

R 1tCt

P a

t7orw

a312r , KCL-W.A)51

14taY:gram, erts174/4* ,1745/2016 ,1264 TaaasAs.2.00,S1)(If not a naliday):Ct.00:00

,--7

. 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'

SnIZIT W UDE:IRV WILDING 10 COODD ta41.2.2.642.050 fhi Gaunter 143:2,GP-Ckaink TralVE OFAIDM4, IDE000,1R I NICIPtITY

MOLKATA, PIN:700M6 F:30:KCLA6 l'/<• 04:010111Y CL-700551 lit:2Coraas, aatt:17.03 ,09/06/7016 43:46 Taxes:Rs.2.00S00(If not a toliday):00:00:00

krnoiewat 10.

Date:13.062016

The Chairman

North Dumdum Municipality

163, M.B. Road, Birati, Kolkata-700 051

.‘„,/. The Board of Councillors



-Yr. The Executive Officer



The Assistant Engineer, P.W.D.



.✓ 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



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.


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


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.

14$,7”thhia

4rnab Sengupta - SARTHAC

Documents

Transcript of 4rnab Sengupta - SARTHAC