Jyotrimay Bhattacharya, J. - (1.) Permission in the form of "No objection" was granted to the petitioner by East Kolkata Wetlands Management Authority for fencing its project site for development of ecotourism in EKW area in RS Dag Nos. 660, 661, 662, 659, 663, 664, 665, 666 and 674 in Mouza Kulberia ( JL No. 7 ) under P.S. KLC in the district South 24-Parganas with the following conditions : 1. "NOC is strictly for the Dag numbers mentioned in the proposal shown in the map. 2. Usage of the land shall be as per the management plan of EKW. 3. The demarcation/boundary of the site shall be made of 3 feet fly ash brick and rest will be steel made grill covered with the green verge. 4. The incumbent shall ensure the conservation/restoration of the present character of land. 5. No other component of eco-tourism shall be started till the eco-tourism proposal in this land is duly approved by EKWMA. 6. Any such violation of this order will be treated in terms of section 18 of EKW (C & M ) Act, 2006".
(2.) The decision for granting such permission as indicated above was communicated to the petitioner by the Chief Technical Officer, EKWMA by his letter dated 20th January, 2011 appearing at page 49 of the writ petition. Subsequently, the NOC which was issued in favour of the petitioner stood suspended and the decision of such suspension taken by East Kolkata Wetlands Management Authority was communicated to the petitioner by the CTO, EKWMA, by his letter dated 23rd November, 2011. Ultimately, by the impugned order, no objection certificate which was issued in favour of the petitioner for fencing the aforesaid plots of land was cancelled on the basis of a decision taken by East Kolkata Wetlands Management Authority in its meeting held on 24th February, 2012. The petitioner was directed to remove whatever fencing they have done and report to the CTO, EKWMA within one month from the date of the said order with a threat for taking regulatory/legal action against the applicants in case the petitioner fails to remove such fencing within the stipulated time. The cancellation of NOC was communicated to the petitioner by the CTO, EKWMA by his letter dated 26th March, 2012. The legality and/or propriety of the said order of cancellation of the NOC is under challenge in this writ petition at the instance of the petitioner.
(3.) Let me now consider as to how far the cancellation of the NOC is justified in the facts of the instant case. It appears from the impugned order that the "NOC" was cancelled on the basis of the decision taken by East Kolkata Wetlands Management Authority in its meeting held on 24th February, 2012.;