1. Mr. Subhas Datta, Applicant is present in person.

2. Ms. Madhumita Bhattacharjee, learned Counsel is present for Respondent Nos. 1 to 7 and 10 to 13. Mr. Dipanjan Ghosh, learned Counsel is present for Respondent No. 8. Mr. Gora Chand Roy Choudhury, learned Counsel is present for Respondent No.9, Mr. Somnath Roy Chowdhury, learned Counsel is present for Respondent No. 15. Ms. Paushali Banerjee, learned Counsel is present for Respondent No. 20. Ms. Arpita Chowdhury, learned Counsel is present for Respondent No. 22 and Mr. Soumya Dasgupta, learned Counsel is present for Respondent No. 24. 

3. One supplementary affidavit dated 25.11.2021 has been filed by Mr. Subhas Datta, Applicant in person; same is taken on record.

4. In this affidavit, it is stated that in the Buxa Tiger Reserve there are 69 establishments under private ownership and 20 under the Management of Government of West Bengal.

5. It is alleged that these establishments have been raised within the core area of Buxa Tiger Reserve. Reference has also been made to a news paper report published in Bengali newspaper of North Bengal, ‘Uttarbanga Sangbad’ dated 16.11.2021 showing construction on the banks of river Jayanti within Buxa Tiger Reserve. It is also alleged that adjacent to the Public Health Engineering Department Bungalow about six hotels/resorts have been constructed. This court vide its order dated 31.08.2017 had directed to close down to all illegal establishments which have been raised within the core area of the Buxa Tiger Reserve but it is alleged that instead of closing down the hotels/resorts and illegal constructions, more such constructions have been allowed to propagate. Photographs by way of evidence have been filed along with this affidavit.

6. Ms. Madhumita Bhattacharjee, learned Counsel appearing for the State Respondents submits that she has been served the copy of the affidavit only on the 25.11.2021 and therefore wants to seek instructions with regard to the allegations made therein. We grant the State Respondents ten days time to file response to the affidavit of the applicant dated 25.11.2021.

7. Mr. Subhas Datta, applicant in person states that in this Original Application only two issues now survive

(i) relating to stone crushers on Laity River;

(ii) illegal construction in the Buxa Tiger Reserve.

8. Ms. Madhumita Bhattacharjee, learned Counsel also prays for and is granted four weeks time for replying to the supplementary affidavit dated 25.11.2021 within the same period of time.

9. List on 25.01.2022.

M.A. No. 26/2018/EZ

1. This misc. application has been taken up. The prayer made by 24 applicants in this M.A. is that they be impleaded as respondents in Original Application No. 134/2017/PB/50/2017/EZ. This matter relates to the Buxa Tiger Reserve and the claim of these applicants is that they are operating ‘Home Stay’. In this affidavit these applicants have not disclosed their village or mouza no. or plot no. or dag no. etc.

2. In this view of the matter, we reject this Misc. Application No. 26/2018/EZ.