NGT rejected KMDA’s prayer to run petrol rescue boats in Rabindra Sarobar; said it actually never restrained

On Monday, the eastern zone bench of National Green Tribunal has rejected Kolkata Metropolitan Development Authority’s (KMDA) application seeking permission to give ‘no objection certificate’ to the rowing clubs operating within Rabindra Sarobar Lake to ply petrol run rescue boats; stating that the application is “thoroughly misconceived”.

The bench of Justice B. Amit Sthalekar and Expert Member Saibal Dasgupta passed the order in a case that was originally filed by enviro-judicial activist Subhas Datta regarding maintenance of lake’s environment. Datta also pointed out that the KMDA direction to the clubs was faulty as NGT has never passed such direction.

The application was moved by KMDA after two students, while rowing, got drowned in the lake on May 21, 2022 after being caught in north westerly storm as their boat capsized; and no rescue boat was available. Apparently a senior KMDA official earlier wrote to the clubs prohibiting plying of petrol and diesel boats in the lake referring to NGT order and norms.

Subsequently many, including family members and friends of the deceased, claimed that availability of such high speed boats could possibly rescue the drowned boys quicker that it ultimately happened; and possibly might have saved their lives.

“In our opinion, the Tribunal has never restrained the KMDA … or Rowing Clubs from operating rescue boats in the Lake in question. This lies exclusively within the domain of the KMDA” stated the bench adding that the issues like “whether petrol boats should be permitted, if they are environmentally compliant … is a matter to be decided exclusively by the KMDA along with the Expert Committee constituted by the Tribunal”.

The bench, in the context, pointed out a letter written by the KMDA Chief Engineer to the Rowing Clubs stating “there will be severe violation of NGT norms … (and) movement of diesel/petrol operated motorized boats are strictly prohibited”; calling it “absolutely misleading”.

“There is no such direction given by the Tribunal while deciding the Original Application”, the bench categorically stated and directed that “In view of above, the Miscellaneous Application … is thoroughly misconceived and is accordingly rejected”.

The bench has also severely criticized KMDA for not complying with its earlier order about framing a guideline for the clubs located in Rabindra Sarobar Lake.

“The KMDA … was directed to frame guidelines for operation of clubs (rowing clubs) located in the area in question. No such guidelines have been placed before us …”, pointed out the bench.

“We will comply with the directions of the bench” said advocate Poushali Banerjee who represented KMDA in the case.