West Bengal State University
Kingston Law College
(A UNIT OF KINGSTON EDUCATIONAL INSTITUTE)
Green Bench - 2 Reports
UNDER THE SUPERVISION Of ASSISTANT PROF. MONORANJAN
HALDAR AND ASSISTANT PROF. DIKSHA PATHAK
Submitted by:-
Name- Riya Dey
Registration No.- 3031921400032
Roll No.- 30319011470032
College ID - 19 KLC BA LLB 73
College Name- Kingston Law College
Course Name - BA. LLB
Semester - 10th
CERTIFICATE
This is to certify that, Riya Dey, being a student of 5 years BA. LLB of 10th Sem, bearing
the Roll No.- 30319011470032, College ID: 19 KLC BA LLB 73, REGISTRATION No.
3031921400032 of 2019, under WEST BENGAL SATE UNIVERSITY has been done this
project work under the guidance of Prof. Dr. Suman Gupta Sarma Sir to fulfillment of 5 years
BA. LLB degree (2019-2024).
Place: Kolkata
Date:
Dr. Suman Gupta Sarma
Principal of Kingston Law College
ACKNOWLEDGMENT
I would like to express my deepest gratitude to several individuals and organizations for their
invaluable support and guidance during the completion of my 10th Semester Practical Project
at Kingston Law College.
First and foremost, I extend my heartfelt thanks to Ms. Uma Bhattacharya, Secretary of
Kingston Educational Institute, for providing me with the opportunity and resources to
undertake and complete this project successfully. Her constant support and encouragement
have been instrumental in my academic journey.
I am profoundly grateful to Dr. Suman Gupta Sarma, Principal of Kingston Law College,
for his insightful guidance and unwavering support throughout the project. His visionary
leadership and dedication to academic excellence have greatly inspired me.
I would also like to sincerely thank Mr. Shamsher Ali, Head of the Department of Law, for
his valuable advice, meticulous supervision, and continuous motivation. His expertise and
thoughtful feedback have significantly enriched my project.
My professors MONORANJAN HALDAR AND DIKSHA PATHAK deserve special
acknowledgment for their exceptional teaching and mentorship. Their knowledge and
encouragement have been vital to my academic and personal growth. I am equally thankful to
my friends for their constant support, and cooperation, and for being a source of motivation
and positivity. Their camaraderie made the journey enjoyable and rewarding. Lastly, I am
immensely grateful to my family for their unconditional love, patience, and unwavering
support throughout my academic endeavors. Their belief in me has been the driving force
behind my success.
DECLARATION
I, Riya Dey, a student of the 5-year B.A. LL.B. program in the 10th Semester, bearing, Roll
No.- 30319011470032, College ID: 19 KLC BA LLB 73 and Registration No:
3031921400032 of 2019 at Kingston Law College (KLC), hereby declare that this project has
been prepared by me and submitted for examination in fulfillment of the requirements for my
university degree.
Riya Dey
ABBREVIATION
1. CO: Carbon Monoxide
2. GHG: Greenhouse Gas
3. HC: Hydrocarbons
4. NGT: National Green Tribunal
5. NOx: Nitrogen Oxides
6. PM2.5 and PM10: Particulate Matter 2.5 micrometers and 10 micrometers in diameter
TABLE OF CONTENTS
Page No.
1. NGT Report - 1 - Report on the National Green Tribunal Order on
Phasing Out 15-Year-Old Vehicles in West Bengal
2. NGT Report - 2 - National Green Tribunal pulls up West Bengal
chief secretary for failing to report onSantragachi Jheel pollution
NGT Report 1
Report on the National Green Tribunal Order on Phasing Out 15-Year-Old Vehicles in West
Bengal
Abstract
The National Green Tribunal (NGT) has issued an order mandating the phase-out of all
vehicles older than 15 years in West Bengal within six months. This directive targets both
private and commercial vehicles, aiming to mitigate the severe environmental pollution
caused by aging automobiles. The decision follows extensive deliberation on the deteriorating
air quality in the region and the contribution of vehicular emissions to this decline. This
report delves into the facts, environmental issues, reasons for these issues, the NGT's
decision, and a personal analysis of the tribunal's order.
Facts
The NGT's order highlights the presence of several lakh vehicles in West Bengal that are
older than 15 years. These vehicles, both private and commercial, contribute significantly to
air pollution due to outdated emission control technologies and deteriorating engine
efficiency. The tribunal's decision is based on scientific studies and data from environmental
monitoring agencies that link vehicular emissions to high levels of air pollution in urban and
suburban areas of the state.
Key points from the order include:
● A six-month deadline for phasing out all 15-year-old vehicles.
● The directive applies to all vehicles, including private cars, taxis, and commercial
trucks.
● The ruling is part of a broader strategy to improve air quality and protect public
health.
Environmental Issues
The primary environmental issue addressed by the NGT order is air pollution. Vehicular
emissions are a major source of air pollutants, including particulate matter (PM2.5 and
1
PM10), nitrogen oxides (NOx), carbon monoxide (CO), and hydrocarbons (HC). These
pollutants have severe health impacts, contributing to respiratory diseases, cardiovascular
problems, and premature deaths. In West Bengal, the high density of old vehicles exacerbates
these issues, particularly in densely populated areas like Kolkata.
Other related environmental concerns include:
● Climate Change: Older vehicles typically have higher greenhouse gas (GHG)
emissions, contributing to global warming.
● Noise Pollution: Aging vehicles often produce more noise, impacting the quality of
life in urban areas.
● Soil and Water Contamination: Leaking fluids from older vehicles can contaminate
soil and water bodies, affecting local ecosystems.
Reasons for Environmental Issues
Several factors contribute to the environmental issues associated with old vehicles:
1. Technological Obsolescence: Older vehicles lack modern emission control
technologies, leading to higher pollutant emissions.
2. Engine Wear and Tear: With age, vehicle engines become less efficient and more
polluting.
3. Lack of Maintenance: Older vehicles are often poorly maintained, further increasing
their environmental impact.
4. Policy Gaps: Previous regulations may have been insufficiently enforced, allowing
many old vehicles to remain on the road.
5. Economic Factors: Owners of older vehicles may lack the financial means to
upgrade to newer, cleaner models.
Decision by NGT
The NGT's decision mandates the phase-out of all vehicles older than 15 years within a six-
month period. This order is comprehensive, covering both private and commercial vehicles,
and aims to significantly reduce air pollution in West Bengal. The key elements of the
decision include:
2
● Immediate Action: Vehicle owners must comply with the order within six months,
ensuring a rapid reduction in emissions.
● Monitoring and Enforcement: The state government and local authorities are tasked
with enforcing the order and monitoring compliance.
● Public Awareness Campaigns: To ensure smooth implementation, public awareness
campaigns will be conducted to inform vehicle owners about the new regulations and
the environmental benefits of compliance.
Personal Analysis of the Decision of NGT
The NGT's decision to phase out 15-year-old vehicles in West Bengal is a critical step
towards improving air quality and protecting public health. However, the success of this
order will depend on several factors, including effective implementation, public cooperation,
and supportive policies.
Positive Aspects
1. Environmental Benefits: The phase-out will lead to a significant reduction in air
pollutants, improving overall air quality and public health.
2. Public Health Improvement: Reducing vehicular emissions will decrease the
incidence of respiratory and cardiovascular diseases among the population.
3. Modernization of Vehicle Fleet: The order will encourage the adoption of newer,
more efficient vehicles, promoting technological advancements in the automotive
sector.
Challenges and Considerations
1. Economic Impact on Vehicle Owners: The financial burden on vehicle owners,
particularly those in lower-income groups, could be substantial. Supportive measures,
such as subsidies or financial assistance for purchasing new vehicles, may be
necessary.
2. Implementation and Enforcement: Ensuring compliance with the order will require
robust monitoring and enforcement mechanisms. The state government must allocate
adequate resources for this purpose.
3. Infrastructure Development: Adequate infrastructure for vehicle disposal and
recycling must be developed to handle the large number of phased-out vehicles.
3
Recommendations
1. Financial Support Programs: Implement financial assistance programs to help
vehicle owners transition to newer models.
2. Enhanced Public Transport: Invest in public transportation infrastructure to reduce
reliance on private vehicles and further decrease emissions.
3. Continuous Monitoring: Establish continuous air quality monitoring systems to
assess the effectiveness of the phase-out and make necessary adjustments to policies.
4. Public Engagement: Engage with the public through awareness campaigns and
consultations to ensure broad-based support for the initiative.
In conclusion, the NGT's order to phase out 15-year-old vehicles in West Bengal is a
commendable and necessary step towards addressing the pressing issue of air pollution.
While the implementation of this order will pose challenges, the potential benefits for the
environment and public health are substantial. Through effective enforcement, financial
support, and public engagement, this initiative can serve as a model for other regions
grappling with similar environmental issues.
4
NGT Report 2
National Green Tribunal pulls up WestBengal chief secretary for failing to report
onSantragachi Jheel pollution
Abstract
The National Green Tribunal (NGT) recently made a significant ruling regarding the West
Bengal government's proposal to develop Santragachi Jheel in Howrah into an ecotourism
hub. The proposal was met with resistance due to environmental concerns and the potential
threat to the biodiversity of the area. This report delves into the facts of the case, the
environmental issues raised, the reasons for these issues, the NGT's decision, and a personal
analysis of the decision's implications.
Facts
Santragachi Jheel, a large wetland located in Howrah, West Bengal, is known for its rich
biodiversity, particularly as a haven for migratory birds. The West Bengal government
proposed a plan to transform this natural habitat into an ecotourism hub, intending to boost
local tourism and generate economic benefits. However, this proposal faced opposition from
environmentalists and local communities who were concerned about the potential ecological
damage and disruption to the habitat of various species.
The case was brought to the National Green Tribunal, which is responsible for handling
environmental disputes in India. The NGT scrutinized the proposal, considering the
environmental impact assessment and the arguments presented by both the government and
the opposition.
Environmental Issues
Several environmental issues were highlighted in the case against the ecotourism proposal for
Santragachi Jheel:
5
1. Loss of Habitat: The transformation of the wetland into an ecotourism hub threatened
to displace numerous species of birds, reptiles, and aquatic life that depend on this
habitat for survival.
2. Pollution: The development activities were expected to increase pollution levels in
the area, including water pollution from construction runoff and increased human
activity.
3. Disturbance to Migratory Birds: Santragachi Jheel is a critical stopover for
migratory birds. The increased human presence and infrastructure development could
disturb these birds, leading to a decline in their populations.
4. Ecosystem Imbalance: The introduction of infrastructure and tourism-related
activities could disrupt the delicate balance of the wetland ecosystem, affecting not
just the flora and fauna but also the hydrology of the region.
5. Waste Management: An influx of tourists would inevitably lead to increased waste
generation, which, if not managed properly, could further degrade the environment.
Reasons for Environmental Issues
The environmental issues arising from the ecotourism proposal can be attributed to several
factors:
1. Inadequate Environmental Planning: The proposal lacked a comprehensive
environmental impact assessment that fully considered the potential adverse effects on
the wetland's biodiversity.
2. Commercial Interests: The push for economic benefits from tourism often
overshadowed the ecological importance of preserving natural habitats.
3. Insufficient Regulatory Oversight: There was a lack of stringent regulatory
measures and enforcement mechanisms to ensure that the development would not
harm the environment.
4. Public Awareness and Participation: Limited involvement of local communities
and environmental groups in the planning process led to inadequate consideration of
their concerns and knowledge about the local ecosystem.
Decision by NGT
6
The NGT, after thorough deliberation, decided to reject the West Bengal government's
proposal to develop Santragachi Jheel into an ecotourism hub. The tribunal emphasized the
following points in its decision:
1. Protection of Biodiversity: The primary reason for rejecting the proposal was the
need to protect the biodiversity of Santragachi Jheel, which is an essential habitat for
numerous species.
2. Environmental Sustainability: The tribunal highlighted the importance of
sustainable development that does not compromise the ecological balance of sensitive
areas like Santragachi Jheel.
3. Lack of Comprehensive Impact Assessment: The NGT noted the absence of a
detailed environmental impact assessment that adequately addressed the potential
negative effects of the proposed development.
4. Precautionary Principle: The decision was guided by the precautionary principle,
which mandates that in the absence of conclusive evidence about the safety of an
activity, steps should be taken to avoid harm to the environment.
Personal Analysis of the Decision of NGT
The NGT's decision to reject the ecotourism proposal for Santragachi Jheel is a commendable
step towards prioritizing environmental conservation over commercial interests. Here are
some key points of analysis:
1. Balancing Development and Conservation: While economic development is
crucial, it should not come at the cost of environmental degradation. The decision
underscores the need to find a balance between promoting tourism and preserving
natural habitats.
2. Strengthening Environmental Regulations: The case highlights the importance of
robust environmental regulations and stringent enforcement mechanisms to protect
sensitive ecosystems. The NGT's ruling serves as a reminder that development
projects must undergo rigorous scrutiny to ensure they do not harm the environment.
3. Community Involvement: Greater involvement of local communities and
environmental groups in the planning process can lead to more sustainable and
acceptable development projects. Their knowledge and concerns should be integral to
decision-making processes.
7
4. Future of Ecotourism: The ruling does not entirely negate the potential for
ecotourism in the region. Instead, it calls for more thoughtful and environmentally
friendly approaches to developing tourism that can coexist with conservation efforts.
5. Long-Term Benefits: Preserving Santragachi Jheel's biodiversity will have long-term
benefits for the environment, local communities, and even the economy. Healthy
ecosystems provide essential services, such as water purification, flood control, and
climate regulation, which are invaluable.
In conclusion, the NGT's decision to reject the ecotourism proposal for Santragachi Jheel is a
victory for environmental conservation. It sets a precedent for future development projects to
prioritize ecological sustainability and underscores the importance of protecting natural
habitats for the well-being of current and future generations.
