The Tripura High Court has directed all the respondents to ensure recommendations made of the Tripura State Pollution Control Board be strictly complied with for monitoring the water bodies Kali Dighi, Katal Dighi and the pond near the RGM Hospital.
The PIL has been filed by one Ashish Sengupta. The Court had issued notice in the matter vide order dated 20.12.2021 and while issuing notice in the matter, the respondents were called upon to file an affidavit in response to the averments contained in the petition and in particular, whether the tanks of which complaint has been made in the petition have been placed before the committee created for monitoring the water bodies and if so, what is the decision of such monitoring committee as well as to indicate as to whether the representation dated 13.01.2020 made by the petitioners had been dealt with or not.
The reply filed by the state respondents contains the views of Sub-Divisional Magistrate, Kailashahar as well as the Kailashahar Municipal Council but it does not contain any report of the committee constituted by the State dated 11.04.2018.
On the other hand, the Tripura StatePollution Control Board has filed a reply and made the following recommendations:
“4. Recommendations:From the field level verification of Kali Dighi, Katal Dighi & Pond Near the RGM Hospital, it is recommended to take following action at the earliest –
(i) Immediate renovation of pond located near RGM hospital is necessary for restoration of environmental quality of said pond. At the same time, removal of solid waste from the southern bank is also immediately required.
(ii) The proper provision for free movement of aquatic life, natural slope surrounding the 3(three) ponds be using eco-friendly materials/ intervention like earth mounding geo-textile,bamboo, grass etc for protection and preservation of ecosystem and environmental balance of water bodies.
(iii) Kailashahar Municipal Council may be requested to ensure compliance of statutory guidelines and also to ensure that no solid waste and sewage is entered into 3(three) ponds/ water bodies under any circumstance.”
While considering the PIL , the Division Bench of Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay noted that after disposal of WP(C) PIL No.2 of 2014 by Judgment and Order dated16.08.2016 a statutory guideline has been issued by the Department ofScience, Technology & Environment, Government of Tripura dated24.05.2017.
“It is, therefore, clear from the above that the statutory guidelines would apply to all concerned and cannot be deviated with and weare of the considered view that the writ petition ought to be allowed specifically directing all the respondents to ensure that the recommendations made by the respondent No.3 i.e. Tripura State Pollution Control Board, and particularly Para – 4 of the same as quoted hereinabove be strictly complied with both in latter & Spirit within a period of 3(three) months from today,” the order reads.