Anita Chowdhury v. Land Acquisition Collector

Dutta Majumder for respondent Nos.2 & 6, learned counsel, Mr. K.K. Pal for respondent No.3, learned counsel, Mr. P. Roy Barman for respondent No.5 and learned ASG, Mr. H. Deb for respondent No.7.

3. In the writ petition the petitioner inter alia contended that Government of Tripura is according permission to fill up the existing ponds/lakes/water bodies through its local self-bodies, like Municipal Corporation/Municipalities, etc. and also constructing RCC wall/brick wall round the water bodies apparently with a view to protect the erosion of soil from the banks of the water bodies and thereby destroying the ecosystem and soil-water relation as well as flora and fauna of the water and the soil, and as a result the amphibians, tortoises, fishes, etc. were damaged and the zoological system has been interfered and damaged.

It is alleged that the activities of constructing RCC wall/brick wall inside the water bodies has been made violating the environmental laws of the country. It has already been done in Dimsagar Lake, Bikram Sagar Pond, Durgabari Dighi and Laxmi Narayan Bari Dighi, etc. of West Tripura District, Kalyan Sagar Pond, Jagannath Dighi, Amar Sagar Dighi, etc. in Gomati District and some lakes and ponds of Belonia Sub-Division. It is further contended by the petitioner that the activities of the respondents have prevented natural breeding ground of many aquatic flora and fauna of the State and destroyed

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the habitat of many fauna which lives around, feed on the aquatic species because of the cementing of the banks of ponds and lakes. It has also been alleged that the temperature and oxygen condition of the water bodies as well as the water quality are badly affected because of the cemented banks of the water bodies and it has caused environmental disbalance. Proper care and protection have not been given to the lakes/ponds/water bodies though there were suggestions/directions given by the Chairman of Tripura State Pollution Control Board with reference to certain statutory circular of the Department of Environment, Government of West Bengal.

The petitioner prayed for issuing direction to the respondents to protect the ecology and environment and to protect the flora and fauna.

4. The petitioner originally arrayed respondent Nos.1 to 5 in the writ petition and while the writ petition was accepted by the Division Bench of this Court, by order dated 10.02.2014 respondent Nos.6 and 7 were also impleaded as parties.

5. The Chief Wildlife Warden, Tripura who was arrayed as respondent No.6 by order of the Court, in para 5 of his affidavit stated:

"5. That at the outset before dealing with the paragraph-wise reply in this affidavit I humbly submit that as a Chief Wildlife Warden, Tripura I am the

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authority to take measures for conservation and protection of wildlife legally in the State of Tripura. There exist no provision for cementing or brick walling the banks of the natural lakes in the protected/forest areas.

Following scientific views are submitted to address the issue raised in the writ petition.

I. The status of biodiversity is location specific. This view has been offered by the Tripura University and is agreed to.

II. The biodiversity being site specific any recommending comments on the effect of brick walling of a given pond may only be given following a detailed study.

III. The technical views expressed by the Tripura University that a detailed Environmental Impact Assessment(EIA) study is required to understand the impact of brick/cemented walls on the physio-chemical and biological characteristic of water bodies is agreed to by the Chief Wildlife Warden, Tripura.

IV. However, such brick walling had a negative effect as in Kalyansagar at Matabari as per the study report of various experts and also of Wildlife Institute, Dehradun. The turtle species available there is one of the rarest specific listed in Red-data book of IUCN. In a meeting, where Chief Wildlife Warden also attended and as a follow up, the de-cementing of banks has already been initiated by demolishing places at Kalyansagar by the District Administration for facilitating breeding of the tortoises therein."

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Again the said respondent in para 10 of the affidavit stated:-

"10. In reply to the contention made in Para 7(A) of the petition I submit that on all sides of Kalyan Sagar(Matabari Dighi) brick lining have been constructed. This has changed the natural aquatic ecosystem and environment as water soil interface has been lost.

It is also fact that some turtles are being died and in one post mortem report dated 28/02/2014, conducted by the Asstt. Professor, Dr. Biplab Debroy concluded that the cause of death might be egg bound condition due to inability to lay eggs.

A committee was constituted vide memo dated 16^thJune 2012 and the committee submitted report which was reviewed by the Chief Secretary, Govt. of Tripura on 04/09/2012 and the copy of minutes of such meeting was circulated to all concerned for implementation with seven action points. One of the action point is that eastern bank of Kalyan Sagar is to be made breeding ground and for the purpose, the existing cement concert embankment to be demolished and to transform into a breeding/hatching place by sand filling etc. in at least 5-6 places. The District Administration, Gomati has already initiated steps for implementation of such action points and the Forest Administration of South Tripura District is extending all technical supports. Recently, turtle expert, Smt. Rupali Ghosh visited Matabari Dighi on 18/12/2013 as per the request of Forest Department and also suggested few action points to be implemented and these are already reviewed in subsequent meetings and decided to implement.

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A review meeting under the Chairmanship of Chief Wildlife Warden was held at Matabari on 06/03/2014 where 9(nine) action points including preparation of breeding ground for turtles were decided. A copy of the minute of the review meeting is enclosed herein and is marked as ANNEXURE R/1 of this affidavit."

6. Chief Executive Officer of respondent Nos.3 submitted affidavit on 02.06.2014 and respondent Nos.1 and 2 submitted affidavit on 28.10.2014. The Division Bench of this Court considering the affidavit so far filed, on 22.06.2015 passed following order:

"22.06.2015 We are in today's order dealing only with the Kalyan Sagar at Matabari.

The Chief Wildlife Warden, Tripura along with many other senior officials had visited the Kalyan Sagar area on 6^thMarch, 2014 and made certain recommendations which attached as Annexure-R/1(7) and the same is read as follows:

"Minutes of the meeting of Chief Wildlife Warden, Tripura Held at Matabari on 06/03/2014 at 4.00 pm.

Combined field visit and meeting was held at Kalyansagar, Matabari, on dated, 06/03/14 in presence of Shri Arun Das, Pradhan Matabari Panchayat cum member of the Matabari Temple Committee. The following Participants were present during the course of field visit and the same meeting.

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1) Dr. A. K. Gupta, PCCF & CWLW, Tripura

2) Dr. Wangdup Bhutia, Dist. FO(S)

3) Sri R. Arun Kumar, IFS (DFO, Udaipur)

4) Jyoti parkas Roychaudhury,

5) Sanjib Das, IFS I/C RO Udaipur

6) Pradip Sarkar, DC

7) Er. Lakshman Sarkar, EE/RDUD

8) Sri Ratan Das Addl. DFO

9) Dr. Keshab Debnath, V.O

10) Er. Laxman Das, AE/RDUD. Issue discussed and decisions taken were as follows:

1) Hatching Ground: The ongoing work for hatching ground should be completed within next five days (Responsibility: RD).

2) Dismantling of concrete structure: the decision has taken that instead of constructing six hatching ground, the concrete structure on the eastern side should be broken till half way and it should be filled with boulder and river sand to facilitate breeding ground for turtle (Responsibility: RD and DFO Udaipur will arrange river sand).

3) Filling of sand in old breeding ground: Concrete structure should be removed as per necessity for old breeding ground located at northern and western side of the lake and these should be filled with sand (Responsibility: RD and DFO Udaipur will arrange river sand).

4) Awareness camp and Cleaning of the lake: The decision has taken to clean the lake involving students from various eco-clubs of schools,

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college under Udaipur. For this, District Science Forum will coordinate the programme in liaison with District Administration and Matabari Temple Committee. District Forest Officer, South will chalk out the said programme in consultation with Shri Ayan Saha, District Scientific Officer, Udaipur.

5) Regular Monitoring: Installation of night vision camera for monitoring movement of turtles at breeding p laces. Permanent staffs should be deployed by DFO Udaipur during breeding period i.e. for the month of March and April for regular monitoring and protection.

6) Supply of feed: Feeding p lace should be constructed with provision of supplementary feeds in consultation with Matabari Temple Committee (Responsibility :DFO Udaipur).

7) Constitution of committee: In order to review and speed up the ongoing works, Committee shall be constituted by the DM & C Gomati appointing one member from the Matabari Temple committee as the Chairman, District Forest Officer as Convenor and Jyoti Prakas Roychaudhury, DFO Udaipur, DC Gomati District, District Scientific Officer, EE RDUD, DD Fishery, DD ARDD, Director

Sepahijhala Zoo and V.O Sepahijhala as members of the Committee.

8) Identification and Census: in order to carry out census and identification of turtle species present in the Kalyansagar a meeting shall hold with Matabari Temple committee and it should be carried out accordingly.

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9) Shifting of breeding pair: The decision has taken to shift breeding pair of turtle from Kalyansagar to Sepahijala Wild Life Sanctuary in consultation with Matabari Temple committee in order to save Bostmani Turtle of the lake from

extinction.******"

From the report of Dr. Mihir Das as well as report of the Chief Wildlife Warden it is apparent that the species of turtle which are found in Kalyan Sagar are of extremely rare species because they are tagged 'red' in the list of endangered species which means that they are the most endangered species.

We by this order direct the Principal, Chief Conservator of Forest & Chief Wild Life Warden, Tripura to again visit the spot and give a report to this Court within two weeks from today whether the recommendations made in the aforesaid meeting by this Committee have been complied with or not. If steps have not been taken it must be ensured that these steps are completed within the next two weeks and we direct the Chief Secretary to ensure that the recommendations made by the Chief Wildlife Warden, Tripura in his report which were accepted by the State Government in its reply are complied with in its letter and spirit within next two weeks, failing which we shall take serious action against the erring officials. We also want to emphasize that keeping in view the nature of the environmental degradation and hazard pointed out by the petitioner, it is necessary that the State take steps to see that the uncalled for deaths of the turtle are prevented and we are able to somehow ensure that the population of turtles increases in Kalyan

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Sagar. If necessary, the entire eastern wall should be demolished. In fact we are prima facie of the view that to give some space to pilgrims also only one or two walls should be retained and the other two sides should be demolished. These sides also need to be fenced top with chain link fences so that there is no encroachment upon the same by placing inter link chain fences. This suggestion of the Court may also be examined both by the Chief Wildlife Warden as well as by the Chief Secretary, Tripura.

List on 13^thJuly, 2015.

Copy of this order be supplied to the learned counsel for the parties by tomorrow."

As per direction of this Court, the Principal Chief Conservator of Forests and Chief Wildlife Warden visited Kalyan Sagar pond of Matabari temple and submitted a report. Considering the reports and after hearing the learned counsel of both side on 13.07.2015 this Court passed the following order:-

"On 22.6.2015, we had directed the Principal Chief Conservator of Forests and Chief Wild Life Warden (PCCF & CWLW) to again visit the tank at Matabari temple and submit his report to this Court within two weeks along with his recommendations and observations.

Sri Atul Kumar Gupta, PCCF & CWLW, has submitted his report and a perusal of the report reveals that there is substantial improvement in the ecology of the tank and now the turtles are laying eggs and some of the eggs have hatched.

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Para-8 of the report reads as follows:-

"8. It is submitted in this context that actions taken so far have yielded positive results. As per report of the Sub-Divisional Forest Officer (SDFO), Gumti Sub-Division, the egg laying by turtles at the hatchery site had been noticed around months of April-May, 2015 and hatchlings noticed in June, 2015. The number of turtles noticed last year was 23, that appears to have increased to 65 as of now. Even on the day of the visit (i.e. on 27.06.2015) the visiting team including myself discovered empty shells of the turtle eggs (after hatchling) from the sand-bed on eastern bank. xxx xxx"

We commend all the officers of the State Government who have taken steps to ensure that the system has improved and now the tank at Matabari is more environment friendly towards the turtles. At the same time, the PCCF & CWLW has made certain recommendations which are contained in paras-9.1 to

9.6 of his report and read as follows:-

"9.1. In the meeting held on 27.06.2015 chaired by Dr. A.K. Gupta, PCCF & Chief Wildlife Warden, Tripura it has been decided that cement concrete embankment/stairs situated at eastern bank of Kalyansagar would be further demolished up to a length of 110 meters (of the total 190 meters length of eastern embankment) inclusive of existing two hatcheries. The width of the existing and new hatcheries will be increased by about 5 meters up to half of the existing black topped road to provide more secure space to the turtles. After the

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dismantling work is over, it would be filled with sand to create a hatching/breeding place for turtles.

9.2. The entire hatchery area shall be made more secured from any kind of biotic interference by erecting brick wall fencing all around the hatchery area.

9.3. It has been decided during the field visit and in the meeting that there is no necessity of demolishing the northern side/western side of the lake for revival of the breeding ground. The eastern side of the lake which is already demolished and is being further demolished to increase hatchling area, shall prove sufficient for the present.

9.4. It is noted by the visiting team that natural predators (stray dogs, mongoose etc.) are a danger for the turtle eggs and hatchlings. To tackle this issue, closely woven wire mesh net fencing shall be provided around the hatchling area covering vulnerable points, wherever required.

9.5. An observatory (cemented structure with roof & viewing gallery) shall be erected for regular monitoring and watch & ward duty.

9.6. An effective timeline would be required for demolishing the cement concrete embankment etc. and to give proper shape to convert it into a safe and secured breeding/egg layng/ hatching place as reported by the Executive Engineer, R.D. Department, Udaipur. xxx xxx."

We accept the report of the PCCF and Chief Wild Life Warden in toto and further direct that in terms of

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this report the cement concrete embankment and stairs on the eastern bank of Kalyansagar should be further demolished up to a length of 110 meters as recommended.

We also accept the report that the width of the existing hatcheries be increased by 5 meters. We further direct that the entire hatchery area should be secured from both biotic interference as well as from natural predators by following the recommendations made by the PCCF & Chief Wild Life Warden.

An observatory as recommended may also be erected.

We direct that except for the erection of the observatory, all other recommendations be complied with within 4(four) months from today, i.e. by 16.11.2015. The observatory be completed by

28.02.2016.

We also make it clear that this tank is a part of the Matabari complex and, therefore, it is a part of the development of the temple complex itself and we clarify that the funds, if any available with the District Magistrate in his capacity as "Sebait" of the temple, can also be used for development of the temple. List the matter on 16.11.2015."

7. The petitioner substantially prayed for directing the State-respondents as well as the local Self-bodies to follow the directions/recommendations issued by the Tripura State Pollution Control Board time to time in respect of the water bodies.

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8. Respondent No.5, the Chairman of the Tripura State Pollution Control Board submitted affidavit on 05.08.2014 wherein in paragraphs 6, 7 and 8 the respondent stated:

"6. That, in March, 2003, Tripura State Pollution Control Board assessed the environment and ecological system of Kalyan Sagar, Udaipur in consequence of the Report of frequent death of turtles in Kalyan Sagar(Matabari Dighi), Udaipur. The Tripura State Pollution Control Board received numbers of public complaints regarding the death of turtles in Kalyan Sagar. Considering the seriousness of the matter, Tripura State Pollution Control Board decided to make an on the spot study. A study team of Tripura State Pollution Control Board comprising of the Scientists and Experts caused on spot study for the purpose of environmental and ecological study of Kalyan Sagar. Thereafter Study Report on sudden death of turtles in Kalyan Sagar was prepared and submitted. From the said study report, it was found, that, after the construction of embankment, mortality of turtles has increased drastically. After construction of wall, the natural habitat available for the turtles had been reduced to a great extent. The unscientific design and location of the hatchery could not save the life of the turtles.

Copy of the said Report is annexed herewith and marked as Annexure-R/1.

7. That, Tripura State Pollution Control Board also conducted Pollution Load Assessment of Kalyan Sagar, Udaipur on 21^stJune, 2012. The Pollution Load Assessment of Kalyan Sagar, Udaipur, made various recommendations. One of the said recommendation was

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that, concrete wall at the north side of Kalyan Sagar should be broken or tunnel should be constructed. In course of Pollution Load Assessment of Kalyan Sagar, it was found, that, the concrete wall(stars) in all the four sides of Kalyan Sagar had been causing different of temperature between concrete wall and Kalyan Sagar. The temperature of Kalyan Sagar was found 29. C Celsius. But the average temperature of concrete was found 35. Celsius.

Copy of the Pollution Load Assessment is annexed herewith and marked as Annexure R/2.

8. That, in respect to the para 7(B) of the writ petition, it is submitted, that, the Respondent No.5 had approached Dr. Arunava Majumder. Emeritus Professor in Water Resource Engineering Department of Jadavpur University, Kolkata for his considered opinion in respect of brick casing of water bodies. In the reply that was received, it was opined that "Lining of pond with brick or concrete walls should be discouraged in order to safeguard the natural aquatic ecosystem and environment". Vide., Letter dated 03-04-08, Dr. Asis Mazumder, Professor & Director, School of Water Resources Engineering, Jadavpur University communicated to Prof. Mihir Deb, Chairman, Tripura State Pollution Control Board. By that Letter, the comments of the School on water Resources Engineering, Jadavpur University on raising of Brick/Concrete Walls along the entire perimeter of large water ponds. dighis etc. Along with the reply a copy of the Statutory Circular No.EN/1959/IC-10/2007, dated, 08.10.2007 issued by the Department of Environment, Government of West Bengal was also sent. On 13^thMay, 2009, the Respondent No.5 communicated these

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information to the Chief Engineers of all concerned Departments along with the copy of the Circular. Copy of the letter, dated, 03-04-08 along with the comments and the Letter, dated, 08.10.07 are annexed herewith and marked as Annexure R/3 and R/4 respectively."

9. It is submitted by learned counsel of the respondents that in respect of Kalyan Sagar pond of Matabari temple, the cemented wall has been removed as per the direction of this Court pursuant to the recommendation of the expert bodies and now appropriate hatchery also has been made for breading of the tortoises and in respect of other water bodies in the State the recommendations/directions given by the Tripura State Pollution Control Board is followed and so the writ petition may be closed.

10. Learned counsel, Mr. Chakraborty for the petitioner has submitted that the cemented wall has not yet been removed from many water bodies/ponds in the State. He prayed for issuing direction to the State Government to take appropriate step in respect of those water bodies as per the recommendations made by expert bodies including that of the Tripura State Pollution Control Board. It is emphatically submitted by Mr. Chakraborty that it is the responsibility of the State to maintain flora and fauna as well as the ecosystem of the water bodies so that the water is not polluted as well as the animals in the water bodies can grow in its natural

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habitat without any disturbance and interference because of the human activities.

11. It is submitted by learned counsel of both side that appropriate steps have been taken in respect of Kalyan Sagar pond of Matabari temple to maintain the ecosystem for the natural habitat and breeding of the tortoise which is marked as a dangerous species, of Kalyansagar pond. In respect of all other water bodies the State is required to take step according to the recommendations/ suggestions made by the Tripura State Pollution Control Board and other expert bodies time to time.

12. The petitioners enclosed a copy of letter dated 13.05.2009 issued by the Chairman of Tripura State Pollution Control Board which reads as follows:

"CHAIRMAN

TRIPURA STATE POLLUTION CONTROL BOARD

No.F.24(1)/TSPCB/1939-46 May 13, 2009

1. To The Chief Engineer PWD(R&B)

Government of Tripura Agartala.

2. The Chief Engineer Rural Development Department Government of Tripura Agartala

3. The Chief Engineer D.W.S. Department Government of Tripura Agartala

4. The Chief Engineer

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Water Resource Department Government of Tripura Agartala

Subject:- Harmful effects of strengthening the banks of water bodies by raising brick/concrete walls-regarding. Sir,

It has become a common practice to raise brick/concrete walls all along the inner sides of water bodies such as dighis, tanks etc. for strengthening the banks and preventing erosion.

But such brick/concrete walls prevent the nutrient exchange process between the soil and water and cause deleterious effect on the aquatic ecosystem and environment. Dr. Arunava Majumder, Emeritus Professor and Prof. Ashis Majumdar, Director of School of water Resource Engineering, Jadavpur University, Kolkata, whose advice we had sought, have opined that

"lining of pond with brick or concrete walls should be discouraged in order to safeguard the natural aquatic ecosystem and environment".

They have also sent us a copy of the Statutory Circular No.EN/1959/IC-10/2007 dated 08.10.2007 of the Department of Environment, Government of West Bengal prescribing the nature of the embankments of water bodies.(Copy enclosed).

The said Circular has prescribed that the banks of water bodies should be maintained and protected by using bamboos and iron nets. It further states that brick walls should not be erected even for protecting the water bodies from encroachment. Instead, boundary fencing, keeping gaps for surface runoffs and side seepage, may fitted.

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In view of the positions narrated above I would request you to bring these to the notice of all concerned so that from now onwards no brick/concrete walls are raised for protection and strengthening the banks of water bodies.

Enclo:- as stated Yours faithfully

-sd- illegible

(Prof. Mihir Deb)

Chairman"

13. The petitioner also enclosed a copy of Circular dated 08.10.2007 issued by the Government of West Bengal, which reads as follows:

"Department of Environment Government of West Bengal 'G' Block, (2nd Floor) Writers' Building, Kolkata-700001 No.EN/1959/1C-10/2007 Dated: Oct. 08, 2007

STATUTORY CIRCULAR

In view of a High Court case and in pursuance of the submissions and queries from the different organization, the Department of Environment constituted a Committee for 'determination of the nature of the embankment of water bodies' in the State of West Bengal on 21st June, 2007, involving the representatives of the Kolkata Metropolitan Development Authority, Kolkata. Municipal Corporation, Institute of Environment Studies & Wetland Management, West Bengal Biodiversity Board, West Bengal Pollution Control Board, Department of Environment and different experts and social activists

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and the said Committee submitted a report before the Department of Environment on 3^rdSeptember, 2007.

2. After careful consideration of the recommendations of the Committee and taking into consideration of the records kept and maintained by the Department of Environment and in exercise of the powers conferred under Section 24 of the Water (Prevention & Control of Pollution) Act, 1974, all Municipalities, Zilla Parishads, Public Works Department, Corporations, Irrigation Department, KMDA, East Kolkata Wetland Management Authority, any industrial unit or any individual, being owner of a pond, should maintain the following guidelines for 'determination of the embankments of water bodies'. These are the following guidelines:-

i. Maintaining the natural slope, by driving sharp aged bamboos preferably diagonally or straight, into the ground along the edges of ponds. The bamboos should be driven in such a manner that the natural slope is maintained.

ii. Iron nets should be fixed with the bamboos. The purpose of the netting is to protect die brick chips and soil from slipping to the water. The netting should be made inside the water bodies a couple of feet away from the edges.

iii. The gaps thus created between the edges of the pond and the netting should be filled with brick chips, and earth.

iv. The newly formed earthen slope of the embankments should then be seeded with soil binders like grass and other wetland vegetation and plantation of trees. These vegetation will hold the natural embankment and will last for 10 to 15 years.

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v. To protect the water-bodies from encroachments, erection of any boundary brick wall around a pond should not be undertaken. These boundary walls deny the free movements of the amphibians to and from water and land. The wall also prevents the surface run off to come to the pond. Without the surface run off a pond cannot survive. The boundary walls around a pond also cause water logging in the neighboring areas of the pond. Instead of boundary walls, fencing may be fitted. In any case the fencing should be fixed in such a manner that surface runoff and side seepage of water body should not be obstructed from coming into the pond and amphibians and other aquatic animals of the water body can move freely to and from the water. The gapping between the fencing rods should be wide enough. Barb wires fitted in poles will be a better option.

vi. In extremely isolated cases, i.e. on a road side where heavy traffic plies and thus where natural method cannot be undertaken, a trench should be dug some 6-10 feet or more behind the pond and a brick wall be erected. This wall always should be below the ground level, and should not be raised above the surface.

vii. Illumination of heavy fights need to be avoided and pedestal lights or duly covered tube lights may be installed, which will illuminate the foot-paths and the brandings and not the trees.

viii. Waste materials should not be dumped in bank of the water bodies in any manner.

………………………………………………………………………………………..

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Note: - Where Sal or eucalyptus pilling is undertaken it should be kept into consideration that no cut- drum sheets or tin plates are fitted with the bullahs as these tin-sheets separate the land and water. This separation of land and water is very unhygienic for the water body and the surrounding areas according to scientists.

3. Public Works Department, Irrigation, Commissioner of the Municipal Corporation, Executive Officers of the Municipalities, Secretary of the Zilla Parishad, Chief Executive Officer of K.M.D.A., President of different Chamber of Commerce and Industries, are requested to circulate the aforementioned statutory guidelines through their offices for wide compliance so that the aforementioned guidelines may be adhered to by all concerned.

4. In case of violation of the aforementioned guidelines in respect of 'determination of the nature of embankment of the water bodies', Department of Environment, West Bengal. Pollution Control Board and other statutory authorities will take necessary actions in accordance with law against the violators. By Order,

Sd/--

(M. L. Meena)

Secretary to the Govt. of West Bengal

Department of Environment"

It appears from the above circular of the Government of West Bengal that it was issued in obedience to certain order of the High Court and after proper consideration of the situation in respect of the environmental position of water bodies. It is not necessarily that the Government of Tripura is to follow the circular issued by

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the Government of West Bengal. But the State Government may make its own circular to prevent pollution of the water bodies as well as to protect the flora and fauna of such lakes/ponds/water bodies in the State.

14. Having considered the grievances of the petitioner in the writ petition and the response of the respondents in their respective affidavits as well as after hearing the learned counsel of the parties we are of considered opinion that the writ petition may be disposed of with the directions—

(i) The State respondents as well as the local Self-bodies should strictly follow the environmental laws and abide by the directions/recommendations made by the Tripura State Pollution Control Board time to time in respect of all lakes, ponds and other water bodies of the State. Wherever it is necessary, the cemented/brick walls constructed inside the water bodies to prevent erosion of banks or for beautification, etc. should be removed and the protection of the earth round the water bodies i.e. in respect of banks of the water bodies should be preserved through other means as may be suggested by the expert bodies.

(ii) The State Government shall frame a guideline, taking into account the suggestions/recommendations of the experts in the field to protect and preserve the ecosystem and environmental balance of all the water bodies in the State and

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shall prevent pollution of the water bodies by effective measure which shall be circulated to all the District Magistrates and the Sub-Divisional Magistrates of the State to implement it carefully and effectively. Such guidelines should be formulated within six months from today and should be notified in the official gazette.

15. We place on record our appreciation of the services rendered by learned counsel, Mr. Indrajit Chakraborty who has appeared on behalf of the writ petitioner in such an important Public Interest Litigation.

16. With the above observation/direction the writ petition is disposed of.

JUDGE CHIEF JUSTICE(ACTING)

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