ORDER : 1. The petitioner has filed an application being CAN No. 6 of 2025 praying for the following orders: “(a) An order granting leave to the petitioner’s Advocate to serve a copy of the present application upon the Kolkata Municipal Corporation. (b) An order of stay of the purported takeover order dated May 27, 2025, passed by the Kolkata Municipal Corporation. (c) An order of stay directing the Kolkata Municipal, its men, agents and assigns from carrying out any further work without the due leave of this Hon’ble Court. (d) Ad Interim orders in terms of prayers made above. (e) Pass such other or further order or orders be passed and/or direction or directions be given as your Lordships may deem fir and proper.” 2. The petitioner has filed further application being CAN No. 7 of 2025 praying for following orders: “(a) Directions be passed for adding the proposed respondent namely Municipal Commissioner, Kolkata Municipal Corporation having its office at 5 S.N. Banerjee Road, Kolkata 700013 herein in array of the parties as respondent no.8A in the instant writ petition being WPA No.21710 of 2022; (b) An order directing the concerned department to carry out the necessary amendments in the cause title of the instant writ petition being WPA No. 21710 of 2022, thereby adding Municipal Commissioner, Kolkata Municipal Corporation having its office at 5 S.N. Banerjee Road, Kolkata 700013 herein in array of the parties as respondent no. 8A within such time as may be deem fixed by the Hon’ble Court; (c) An order of stay of the purported takeover order dated May 27, 2025, passed by the Kolkata Municipal Corporation. (d) An order of stay directing the Kolkata Municipal, its men, agents and assigns from carrying out any further work including any work of rejuvenating the waterbody under the scheme of AMRUT 2.0 without the due leave of this Hon’ble Court. (e) Ad Interim orders in terms of prayers made above. (f) Pass such other or further order or orders be passed and/or direction or directions be given as your Lordships may deem fit and proper.” 3. The petitioner has filed the present writ application on the allegation of non-functioning of the Respondent Authorities and inaction of the eight-member Joint Committee to carry out the directions passed by the National Green Tribunal in terms of the order dated 3rd January, 2022. 4. The petitioner has filed the present writ application on the allegation of non-functioning of the Respondent Authorities and inaction of the eight-member Joint Committee to carry out the directions passed by the National Green Tribunal in terms of the order dated 3rd January, 2022. 4. An application was filed before the Eastern Bench of the National Green Tribunal on 17th February, 2016, on the allegation that Metropolitan Co-Operative Housing Society Limited and its office bearers and members are illegally constructing boundary wall on the bank of the water body since 17th October, 2015. Complaint was made to the concerned police authority but no action was taken. Further construction was started on 5th February, 2016 and the construction continued. 5. The petitioner claims that the petitioner has a license from the Fisheries Department but due to the illegal act, the right of the petitioner is affected. The petitioner claims that the illegal act is carried out at Dag Nos. 267 and 268. Before the Tribunal, the Housing Society and its Members stated that they have not encroached upon any wet lands. They have purchased 4.45 acres in Dag No. 267 which is not the part of water body. 6. The Tribunal directed the eight-member Joint Committee of National Wetland Authority, State Wetland Authority, CPCB, MoEF&CC, State PCB, Director Environment, West Bengal, District Magistrate and SSP, South 24 Parganas to ascertain the factual position about the status and extent of the wetland and whether prohibition against construction applies to the area in question. If prohibition is applicable, remedial action for protection of the Wetland in question be taken by the concerned authority. The CPCB and the State Wetland Authority will be the nodal agency jointly for coordination and compliance. The meeting of the committee may be held within two weeks. The committee may undertake visit to the site and interact with the stakeholders including the applicant and the Project Proponents. The committee may thereafter, take further measures in accordance with law. The Committee may conclude its proceedings preferably within three (3) months. 7. The Committee has submitted report on 4th November, 2022 which reads as follows: “Finally, the Committee unanimously took the following decisions: ? Plot Nos. CZ-9B, CZ-14A, CZ-14B, CA-15A, CZ-20A, CZ-21A and CZ-26/A/B/C have been created after 2013 by filling up of waterbody i.e. Ukil Bheri. Hence, they need to be demolished. ? 7. The Committee has submitted report on 4th November, 2022 which reads as follows: “Finally, the Committee unanimously took the following decisions: ? Plot Nos. CZ-9B, CZ-14A, CZ-14B, CA-15A, CZ-20A, CZ-21A and CZ-26/A/B/C have been created after 2013 by filling up of waterbody i.e. Ukil Bheri. Hence, they need to be demolished. ? The KMC shall take steps to immediately restore the water body at plot nos. CZ-9B, CZ-14A, CZ- 14B, CZ-15A, CZ-20A, CZ-21A and CZ- 26/A/B/C in compliance with the Order of the Hon’ble National Green Tribunal dated 03.01.2022. ? After restoration of the water body, the KMC shall take management control of the same in accordance with The West Bengal Inland Fisheries Act, 1984. ? The KMC will demarcate Ukil Bheri boundary with concrete pillars and do the geo-tagging with the help of ADM&LRO. Dist South 24 Parganas. ? The KMC shall submit a compliance report after restoration of the above mentioned plots before the Hon’ble National Green Tribunal, Eastern Zone Bench, Kolkata within a period of 6 months.” 8. The petitioner is aggrieved with the part of the report and as per prayer of the petitioner, this Court by an order dated 15th November, 2022, allowed the petitioner to file exception to the part of the report and this Court had given liberty to the authority for implementing the part of the report and also clarified not to be interrupted in their work by reason of pendency of the present writ application. 9. The petitioner has filed an application being CAN No. 3 of 2022 praying for an order of injunction restraining the respondent no.9 or connected parties from carrying out any further construction and filling up of the wet land with regard to DAG Nos. 267 and 268 situated at Mouza Nimokpoktan, Pagladanga, Dihi Panchanangram, Near Chingrighata, South 24 Parganas. This Court by an order dated 15th December, 2022, as of the view that immediate measures should be taken for ensuring that no further construction takes place in the plot numbers in which the petitioner is interested. This Court has appointed a Special Officer to enquire into the correct factual situation on the ground at Dag Nos. 267 and 268 which is the subject-matter of the writ petition and directed the Special Officer to file report. 10. This Court has appointed a Special Officer to enquire into the correct factual situation on the ground at Dag Nos. 267 and 268 which is the subject-matter of the writ petition and directed the Special Officer to file report. 10. The petitioner has disclosed a notice dated 27th May, 2025, issued by the Kolkata Municipal Corporation which the petitioner came to know from the notice board on 5th July, 2025 wherein it is informed that the Municipal Corporation is carrying out work on the waterbody under the Scheme, namely “Rejuvenation of waterbody named as Ukil Bheri in Ward No. 57, Borough–VII” and the said scheme is under the provision of AMRUT 2.0 and the Kolkata Municipal Corporation has taken over the management of waterbody for a period of 25 years with effect from 27th May, 2025. 11. The petitioner has further filed a supplementary affidavit disclosing certain photographs to show that the Kolkata Municipal Corporation has started construction work over the water body. 12. Mr. Jishnu Chowdhury, Learned Senior Advocate, appearing for the petitioner submits that the Kolkata Municipal Corporation is the necessary party to adjudicate the present writ petition and thus he prays for an order to implead Kolkata Municipal Corporation as a respondent in the present petition. 13. Mr. Ankit Sureka, Learned advocate representing the respondent no.9 submits that the writ petitioner is not the licensee of the Fisheries Department and the petitioner has not disclosed any document to that effect. He submits that the writ petition is not maintainable. The petitioner intends to implead Kolkata Municipal Corporation as party respondent only to make the writ petition maintainable. 14. Mr. Sureka submits that the Kolkata Municipal Corporation has issued a Notice under Section 17A of the West Bengal Inland Fisheries Act, 1984. He submits that the order passed by the Kolkata Municipal Corporation is appealable order under Section 18 of the said Act, but the petitioner intents to challenge the said order in the writ proceeding which is not maintainable. 15. Mr. Sureka submits that that the respondent no.9 is the owner of the property and the petitioner cannot claim that the petitioner is the licensee of the Fisheries Department. 16. Mr. 15. Mr. Sureka submits that that the respondent no.9 is the owner of the property and the petitioner cannot claim that the petitioner is the licensee of the Fisheries Department. 16. Mr. Sureka submits that the writ petition itself is not maintainable thus the application filed by the petitioner is liable to be dismissed and no order can be passed by impleading the Kolkata Municipal Corporation as party respondent. 17. Mr. Amal Kumar Sen, Learned Senior Advocate representing the respondent no. 6, 7 and 8 submits that the petitioner is claiming that the petitioner is the licensee of the Fisheries Department and the respondent no.9 is claiming that the respondent no.9 is the owner of the said land, thus the Fisheries Department be also made a party as respondent in the present writ petition for proper adjudication of the writ petition. 18. As regard to the issue raised by the respondent no. 9 with regard to the maintainability of the present writ petition, this Court finds that time to time, several orders have been passed and the respondent no.9 has not raised the point of maintainability thus at this stage the maintainability of the writ petition cannot be decided. 19. In the Joint Committee report, several directions were passed upon the Kolkata Municipal Corporation but the same has not been complied with. The Kolkata Municipal Corporation has also published notice on 27th May, 2025 wherein it is mentioned that Kolkata Municipal Corporation has been carrying out work on the water body under the scheme namely “Rejuvenation of waterbody named as Ukil Bheri in Ward No. 57, Borough–VII” and the said scheme is under the provision of AMRUT 2.0 and the Kolkata Municipal Corporation has taken over the management of waterbody for a period of 25 years with effect from 27th May, 2025. 20. The petitioner has also disclosed certain photographs showing the Kolkata Municipal Corporation has started work upon the waterbody. 20. The petitioner has also disclosed certain photographs showing the Kolkata Municipal Corporation has started work upon the waterbody. The respondent no.9 has raised an issue that the order passed by the Kolkata Municipal Corporation is appealable order but this Court finds that it is the specific allegation that the Kolkata Municipal Corporation is illegally making construction over the waterbody and is also violating the order passed by the Learned National Green Tribunal, Special Bench and the order passed by this Court, thus only because the order passed by the Kolkata Municipal Corporation is an appealable order the application cannot be dismissed. 21. The petitioner is having an alternative remedy to file an appeal against the order passed by the Municipal Corporation under Section 17A of the West Bengal Inland Fisheries Act, 1984 but in the present case, time and gain several directions have been passed against the Kolkata Municipal Corporation and the Joint Committee has also submitted a report directing the Corporation to restore water body instead of the same, the Corporation has passed the impugned order, thus this Court is of the view that the order passed by the Corporation can be decided in the present writ petition. 22. Considering the above, this Court finds that for proper adjudication of the present writ petition, the Kolkata Municipal Corporation as well as the Fisheries Department of the State of West Bengal are the necessary party, accordingly, the petitioner is directed to implead the Kolkata Municipal Corporation and the Department of Fisheries as respondent nos. 10 and 11 in the writ petition within a period of one week and to serve notice of the writ petition along with a copy of CAN No.7 of 2025 to the added respondents and to file affidavit of service on the returnable date. CAN No. 7 of 2025 is disposed of only with respect to addition of parties. The rest of the prayers will be decided after exchange of affidavit by the respondents including added respondents. 23. The petitioner is also directed to serve the amended copy of the cause title of the writ petition to the respondents. The respondents including the added respondents to file affidavit-in-opposition in connection with CAN No. 7 of 2025 with regard to the interim order prayed for by the petitioner within a period of two weeks after winter vacation, reply, if any, within a week thereafter. The respondents including the added respondents to file affidavit-in-opposition in connection with CAN No. 7 of 2025 with regard to the interim order prayed for by the petitioner within a period of two weeks after winter vacation, reply, if any, within a week thereafter. List the writ petition along with CAN No. 7 of 2025 on 28th January, 2026 under “Adjourn Motion”. 24. CAN No. 6 of 2025 is disposed of Parties shall be entitled to act on the basis of a server copy of the Judgment and Order placed on the official website of the Court. Urgent Xerox certified photocopies of this judgment, if applied for, be given to the parties upon compliance of the requisite formalities.