National Green Tribunal
Vimla Vipu Soren vs State Of Jharkhand And Ors on 22 April, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.97/2024/EZ
(Earlier O.A. No.144/2024/PB)
Vimla Vipu Soren Applicant(s)
Versus
State of Jharkhand & Ors. Respondent(s)
Date of hearing: 22.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Ms. Amrita Pandey, Adv. for R-1 (in Virtual Mode),
Mr. Surendra Kumar, Adv. for R-2,
Ms. Aishwarya Rajyashree, Adv. for R-3,4 & 6
(in Virtual Mode),
Mr. Anoop Kumar Mehta, Adv. a/w
Mr. Sibojyoti Chakrabarti, Adv. (in Virtual Mode) for R-5,
Mr. Ashok Prasad, Adv. for R-7
ORDER
1. Case called out. No one is present on behalf of the Applicant.
2. Heard learned Counsel for the parties.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper) ..................................... B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 22, 2025, Original Application No.97/2024/EZ (Earlier O.A. No.144/2024/PB) SKB 1 Item No.02 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.97/2024/EZ (Earlier O.A. No.144/2024/PB) In the matter of:
Vimla Vipu Soren Vill. - Bhangahid Post - Astajoda, PS - Kathikund, Dist. - Dumka, Jharkhand, Pin - 814103 .... Applicant(s) Versus
1. Ministry of Environment, Forests and Climate Change (MoEF&CC) Integrated Regional Office, Ranchi, Bungalow No. A-2, Shyamali Colony, Ranchi - 834002
2. Jharkhand State Pollution Control Board Through its Member Secretary, H.E.C. Bhurwa, Ranchi - 834004
3. District Magistrate, Pakur, Jharkhand
4. Additional Chief Secretary, Department of Environment, Jharkhand, Nepal House, Ranchi
5. West Bengal Power Development Corporation Limited Through its Chief Executive Officer, Bidyut Unnayan Bhaban, Plot No.3/C, LA Block, Sector-III, Salt Lake City, Kolkata - 700106
6. District Magistrate, Dumka,
7. Divisional Railway Manager Eastern Railway, Kolkata .... Respondent(s) Date of hearing: 22.04.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER 2 For Applicant(s) : None For Respondent(s) : Ms. Amrita Pandey, Adv. for R-1 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-2, Ms. Aishwarya Rajyashree, Adv. for R-3,4 & 6 (in Virtual Mode), Mr. Anoop Kumar Mehta, Adv. a/w Mr. Sibojyoti Chakrabarti, Adv. (in Virtual Mode) for R-5, Mr. Ashok Prasad, Adv. for R-7 ORDER
1. The Original Application No.144/2024/PB was registered suo motu in the New Delhi Bench of the National Green Tribunal. On 23.04.2024 a Joint Committee was constituted by the Tribunal to verify the factual position. Thereafter, the matter has been transferred to this Bench and the case has been re-numbered as Original Application No.97/2024/EZ.
2. The allegations in the letter petition are as under :-
3. The Ministry of Environment, Forests and Climate Change (MoEF&CC) has filed an Inspection Report of an inspection carried 3 out on 03.06.2024 by the Joint Committee constituted by the Tribunal. The Committee Report is as under :-
"Observations :
a) It was observed by the Joint Committee that the coal transportation road, from the North Pachhwara Coal Mine is upto two different railway sidings
1) Pakur Railway Siding
2) Dumka Railway Siding
b) It was also noted by the Committee that the coal transportation road, stated in the petition, has a total stretch of 70 kms, out of which
1) a distance of approx.. 15 kms comes under the Pakur District and
2) approx. 55 kms length of road is covered in the Dumka District.
c) The Joint Committee, along with the representatives of project proponent M/s WBPDCL carried out inspection of the 15 kms stretch of the road located in the Pakur District and the District Magistrate, Pakur suggested to take photographs of the leaves and plants located along the road for ascertaining the impact of fugitive dust on the vegetation on the avenue plantation. Negligible amount of dust was observed on the vegetation.
d) The Joint Committee did not observe any villages / habitations along the 15 kms stretch of the road for interaction with the people to take feedback on the coal transportation on them.
e) The Joint Committee was of the view that for a complete overview of the problems being faced, efficacy of measures adopted by the project proponent/district administration and impact(s) of coal transportation on the habitations, dwellings along the road in the districts of Pakur and Dumka could be concluded only after the inclusion of District Magistrate, Dumka as a member of the joint committee constituted by the Hon'ble NGT, as almost a stretch of 55 kms of coal transportation route lies in his jurisdiction.
f) As informed by the Regional Officer, JSPCB Dumka a matter w.r.t. the pollution caused by the Coal Transportation from the Dumka Railway Siding was also heard and disposed of with directions by the Hon'ble NGT, EZB, Kolkata as M.A. No. 13/2024/EZ in O.A. No. 19/2021/EZ.4
Recommendation / Prayer :-
1. The Joint Committee observed that M/s WBPDCL provided a wheel washing facility at Barmasia village and provided a mobile water tanker for wetting of the coal transportations road to mitigate the pollution in Pakur district. Also, during inspection transportations vehicles are found covered with tarpaulin and no habitation was found in Coal transportation route (By Road) within territorial boundary of Pakur district.
2. Pollution control measures are being implemented by M/s WBPDCL to mitigate the effects of coal transportations by road in the territorial boundary of Pakur district.
3. It is humbly prayed to the Hon'ble Tribunal to Constitute a separate committee including the Dumka district Administration to verify the factual position in Dumka district."
4. A perusal of the Report would show that the Joint Committee carried out the inspection over 15 km stretch of the road located in the Pakur district and the District Magistrate, Pakur suggested taking of photographs of leaves and plants located along the road for ascertaining the impact of fugitive dust on the vegetation on the avenue plantation ; the Report mentions that negligible amount of dust was observed on the vegetation. The Committee also did not observe any villages or habitations along the 15 km stretch of the roads so as to be able to interact with the local people.
5. The Committee recommended that the Respondent No.5, West Bengal Power Development Corporation Limited (WBPDCL) should provide a Wheel Washing Facility at Barmasia village and provide a Mobile Water Tanker for watering of the Coal during transportation on the road to mitigate pollution in Pakur district. The Committee also noted that vehicles were found covered with tarpaulin ; no habitation was found in the Coal transportation route (by road) within the territorial boundary of Pakur district.5
6. The Jharkhand State Pollution Control Board has also filed affidavit bringing on record the same Inspection Report of the inspection carried out on 03.06.2024. Colour photographs have also been filed with the Report to show remedial action being taken by the Respondent No.5. The Respondent No.5 has also referred to the same Inspection Report in its affidavit.
7. The Divisional Railway Manager, Eastern Railway, Asansol has referred to an earlier order dated 27.02.2023 passed by the Tribunal in Original Application No.19/2021/EZ Rabi Shankar Mandal Versus Union of India & Ors. wherein with regard to the environmental violations, directions have been issued and it is stated that thereafter a Compliance Report was prepared by the Committee in compliance of the directions of the National Green Tribunal vide order dated 27.02.2023. The Compliance Status as mentioned in the Report reads as under :-
" xxxxxxxxxxxxxxxxxxxxxxx 1.6 Present Status of Compliance :-
The Regional Officer, JSPCB Regional Office - cum - Laboratory, Dumka presented the present compliance status of the remedial measures on 25/04/2023 which were suggested by the Hon'ble NGT, EZB, Kolkata in its order dated 27/02/2023 before the committee. The details of which is as below :- S.N. Remedial Measures Compliance Status
1. Dense green belt Approx 400 nos. of old plants were found at the Eastern Side (Rampurhat line) & Western Side (Jasidih line) of the railway siding. Approx 100 nos. of new saplings was found along the siding.
2. Installation of dust Vehicular Water suppression devices Tankers - 2 nos. of including water capacity 20 KLD each.
sprinklers Fog Mist Water 6 Canons - 06 Nos. of range 25 m approx..
3. Construction of Approx 600 m long garland drains and pucca garland drain setting pits has been constructed along the railway coal track and 03 settling pits have been made about 20 Feet Long and 5 feet wide and two meter depth.
4. Building of wind The boundary wall / breaking wall wind breaking wall of framed GI sheet of about 510 meters long and 20 ft height along with siding has been constructed.
5. Making paved Not made.
ways/roads
6. Setting up monitoring PM10 analyzer has stations been installed at the railway siding."
8. The above Report only refers to one non compliance namely "making of paved ways and roads" at Item No.5 of the Compliance Status.
We therefore direct the Railways to ensure that the roads are fully paved within three months as per the directions given in the Compliance Report of November 2023.
9. The Committee had carried out a site visit on 21.07.2023 and the Site Visit Report, Observation of the Committee and its directions with Action Plan and the measures adopted by the Respondent No.5 and other stakeholders reads as under :-
"2. Site Visit 2.1 The joint Committee under the chairmanship of the Additional Chief Secretary, Forest., Environment and Climate Change Department, Government of Jharkhand has conducted the site visit on 21/07/2023 for ascertaining factual position of the Pollution Control Arrangements being adopted by the West Bengal Power Development Corporation and Dumka Goods Shed to mitigate the effects of pollution. The Joint Committee undertook visit to the site, interacted with the stakeholders. The Team comprised of the following officials :7
i) Sri L. Khianzte, Additional Chief Secretary (ACS), Forest Environment and Climate Change Department, GoJ -Cum - Chairman, Joint Committee.
ii) Sri Y. K.. Das, Member Secretary (MS), Jharkhand State Pollution Control Board (JSPCB)-Cum-Member Secretary, Joint Committee.
iii) Sri S. C. Rai, Regional Chief Conservator of Forest, Dumka (Representative of the PCCF (HoFF), Jharkhand)
iv) Sri Ravi Shankar Shukla, Deputy Commissioner, Dumka
v) Sri Mukesh Kumar Meena, Additional Divisional Railway Manager, Asansol Division, Eastern Railways.
vi) Sri S_P_ Dutta Majumdar, Representative of the Chairman-
Cum-Managing Director, West Bengal Power Development Corporation Limited, Kolkata
vii) Sri Toufic Aslam, Scientist C, CPCB Regional Directorate, Kolkata
viii) Smt. Pranjal Dhanda, Probationer IAS, Dumka
ix) Sri Sarwik Vats, Divisional Forest Officer, Dumka Forest Division, Dumka
x) Sri K. K Pathak, Regional Officer (RO), JSPCB Regional Office-cum- Laboratory, Dumka
xi) Sri Jawed Anwer Idrishi, Director DRDA, Dumka
xii) Sri Rajiv Kumar, Additional Collector, Dumka
xiii) Sri Vijay Kumar, Deputy SP (HQ), Dumka
xiv) Sri Kaushal Kumar, Sub-Divisional Officer, Dumka
xv) Sri Philbius Barla, District Transport Officer, Dumka. xvi) Sri Krishna Kumar Kisku, District Mining Officer, Dumka. xvii) Dr. Harendra Kumar Singh, Executive Engineer, RCD, Dumka. xviii) Sri Jamun Ravidas, Circle Officer, Dumka Sadar.
2.2 The observations of the Joint Committee during field visit are as follows : -
a) The siding was not in operation at the time of visit.
However, a railway wagon was stationed at the siding area. When enquired, the Railway representative said that the wagon was stationed for the loading of coal.
b) The coal was stacked at the Railway Siding and mist water sprinklers were made operational to keep the coal in wet condition. However, there was no provision for covering of the same.
c) Water Sprinkling was going on the haul roads and pathway at the coal stockyard_
d) The boundary wall of tin sheet was constructed but a gap was there b/w the boundary wall wherever there was a shift in the alignment of the Boundary wall. Moreover, the gaps in the boundary wall were found from the ground level.
8e) Plantation work has been carried out along the boundary wall of the goods shed.
f) The wharf of the Railway Siding was not found pucca.
g) No arrangement for static Water sprinkling was found from the Dumka Railway station side, only provision for sprinkling of water through mobile sprinklers (vehicular sprinklers) was available.
h) Some old plantations were found at the Eastern Side (Rampurhat line) & Western Side (Jasidih line) of the railway siding in patches. When enquired, the RCCF, Dumka stated that these plantations were carried out 3-4 years before.
i) Xxxxxxxxxxxxxxxxxxxxxxxxxxxx
j) Some soil elating was seen along the St. Xaviers' School Side of the Railway Siding approx 50 m from the school site. When enquired, the Railway representative said that it was done for smooth movement of the transportation vehicles and for some maintenance work of Railway.
k) There was no wind breaking wall in between the Dumka Goods Shed area and Dumka Railway Station side.
l) Then the Committee visited the three sites proposed by the District Administration for developing the wheel washing facility along with the vehicle wetting facility, and the land situated in Mouza - Guhiajori, Dumka was recommended by the committee.
2.3 Directions issued by the committee during Site Visit: -
a) DC, Dumka to get the PTZ cameras installed at Phulo-
Jhano Chowk. Railways to get PTZ cameras installed in Dumka Goods shed covering the entire area, especially a PTZ camera to be installed covering the St. Xavier's School.
(Action by: Railways & DC, Dumka)
b) To close the gaps from the ground in the boundary wall of the Dumka Goods Shed (Action by: Railways)
c) To install 08 (eight) additional static Water Sprinklers / Mist Sprinklers to prevent air pollution in the North side of the Railway Siding and to install 15 Water 9 Sprinklers / Mist Sprinklers on the side of stone chips siding / Railway Station side.
(Action by: Railways)
d) To get the wind breaking wall installed b/w Coal Siding Railway line No. 05 & 06 within 3 months.
(Action by: Railways)
e) To get the plantation works completed by this monsoon (October, 2023).
(Action by: DFO, Dumka)
f) To construct the pucca road & wharf area for movement of coal transportation vehicles.
(Action by: Railways)
g) Tn have plantation / vegetation developed on the slopo of the land along the boundary wall to prevent soil erosion and dust from being airbome.
(Action by: Railways)
h) To start the process of transfer of land situated in Mouza-Guhiajori, Dumka to WBPDCL for developing Wheel Washing and Vehicle wetting facility.
(Action by: DC, Dumka)
3. Action Plan 3.1 Two meetings of the Joint Committee were conducted on 25/04/2O23 and 21/07/2023 and one site visit was also done by the Committee on 11/07/2023 in xxxxxx the Dumka Goods Shed and Rashikpur Area. On the basis of the above said meeting and observations of the Committee while site visit an Action Pill) including the restoration / mitigation measures which arc to be carried out by the different stakeholders to mitigate the effects of mineral transportation. loading and unloading at Dumka Goods Shed arc as below: -
S.N. Restoration/Mitiga Respon Ti Budget tion measures to sible me be adopted by Agen lin stakeholders cy e
1. To install PTZ Camera in Asansol January 30,00,000 Phulo-Jhano Chowk, St. Division, 2024 Xavier's School, Eastern Neturpahadi Chowk and Railways covering the entire premises of Dumka Goods Shed for continuous monitoring of the Goods Shed premises and operation 10 of the Pollution Control measures. Especially, a PTZ camera be installed covering the St. Xavier's School.
2. To check the feasibility Asansol January From and install Dust Division, 2024 railways Collector and send air Eastern Budget quality report of the coal Railways siding and surrounding area to the Monitoring Committee and JSPCB.
3. To install GI Sheets of Asansol January From height 20 to 25 feet Division, 2024 railways between Coal Siding Eastern Budget Railway Line No.05 and Railways 06 to prevent the dust / air borne particles from the siding area from entering into the passengers' area.
4. To install 08 (eight) Asansol Decembe From additional water Division, r 2023 railways sprinklers to prevent air Eastern Budget pollution in the North Railways side of the Railway Station and to install 15 water sprinklers on the side of stone chips siding to control the dust particles from being air-
borne
5. To close the gap from the Asansol Decembe From ground in the boundary Division, r 2023 railways wall situated by the side Eastern Budget of St.Xavier's School to Railways prevent the dust / air borne particles from the siding area from entering into the School premises.
6. To construct the pucca Asansol January From approach road to and Division, 2024 railways from the coal siding and Eastern Budget wharf area where Railways transportation, loading and unloading of the mineral (Coal, Stone etc.) takes place between railway line number 05 and 06 to control the re-
suspended dust / air
borne particles from
being air-borne.
B. Measures to be adopted by the WBPDCL :-
1. To arrange three WBPDCL Decembe 1,50,00,000
additional water r 2023
sprinklers (Vehicular) for
sprinkling on coal
11
transportation route from
Manjhi Than via Phulo
Jhano Chowk to Natur
Pahari and nearby
populated areas till
railway siding. An
arrangement to be made
in such a way that
behind each vehicular
water sprinkler IIEMM
should be moving.
2. To install high Mast WBPDCL Decembe 25,00,000
Light at Neturpahadi r 2023
Chowk and near the
populated areas where
sufficient lighting is not
there, to prevent the
chances of accident.
3. To develop the wheel WBPDCL January 1,00,00,000
washing & vehicle 2023
wetting facility in Mouza
- Guhiyajori having
Khata No.27, Dag No.-
470 over an area of
11.50 Decimils for the
transportation vehicles
before entering the
populated area of
Dumka town.
4. To procure the WBPDCL January 70,00,000
Mechanical Road 2024
Sweeping Machine for
road sweeping from
Manjhi than via Phulo
Jhano Chowk to Natur
Pahari to prevent the
dust / air borne particles
from being air-borne.
5. To carry out WBPDCL Continuo NA
transportation of coal in us
two trips only per vehicle
in 24 hours time / daily
basis.
C. Measures to be adopted by Other Stakeholders :-
1. To carry out the work of DFO Dumka October 1,55,36,794
tree plantation in the 2023
west and north-west
direction in the vicinity of
the traffic road,
Netarpahadi Chowk etc.
2. To plant 4000 nos. of DFO Dumka October 1,55,36,794
gabion bamboo 2023
plantation in and around
Rashikpur Area, Dumka
and its maintenance for
4 years.
3. To develop the Grievance DC Dumka Decembe 13,000
Redressal System with a r 2023
12
control room and
publicize the same.
4. To revise DEP in light of DC Dumka Done NA
the Hon'ble NGT order.
5. To get the proposal for DC Dumka & Decembe 50,00,000
installing Water / Mist the r 2023
sprinklers from the Concerned
schools and other Schools
sensitive location, if any.
The installation &
management of water /
mist sprinklers will be
done by the concerned
schools and their
management.
6. Continuous monitoring of Monitoring Continuo NA
the measures being Committee us
taken for pollution
prevention in coal siding
and surrounding
periphery.
3.2 It was unanimously decided by the Committee that the restoration / mitigation measures to be adopted by the Railways which are part of their Consent to Operate (CTO) compliance, for that the fund will not be provided from the amount of INR 10 Crores (Environmental Compensation deposited by the Railways). The remaining amount of Environmental Compensation will remain deposited with JSPCB and it will be used for other mitigative measures as and when proposed by the various stakeholders or by the Committees constituted at the district level.
3.3 Review Meeting :-
A Review Meeting in the Chairmanship of the Additional Chief Secretary, Forest, Environment and Climate Change Department, Government of Jharkhand-cum-Chairman, Joint Committee was held on 21/07/2023 in the Conference Hall of Circuit House, Dumka with the officials, different stakeholders & representatives of the people for compliance of the directions issued by the Hon'ble NGT, Eastern Zone Bench, Kolkata vide its order dated 27/02/2023 in O.A. No.19/2021/EZ in the matter of Ravi Shanker Mandal Vs Union of India and Others."
10. A perusal of this Report would show that an amount of Rs.10 crore (Rupees ten crore only) was also deposited by the Railways with the Jharkhand State Pollution Control Board towards Environmental 13 Compensation and the Committee observed and stated that the same would be used for mitigative measures as and when proposed by the various stakeholders or by the Committees constituted at the district level.
11. The Deputy Commissioner cum District Magistrate, Dumka has filed affidavit dated 22.01.2025 and 16.04.2025 stating that as per directions of the Tribunal vide order dated 22.10.2024, a representative of the Deputy Commissioner cum District Magistrate, Dumka was also included in the Joint Committee already constituted with a direction to visit all the affected places including railway goods shed at Railway Station, Dumka. It is further stated that an inspection of the site was carried out on 25.02.2025 by the Committee and again on 24.03.2025 and the following recommendations were made :-
" xxxxxxxxxxxxxxxxxxxxxxxxxx
6. That the said Inspection Committee members carried out the inspection of the site on 24.03.2025 and on basis of the said site inspectioin, the committee came up to the following recommendations :-
i. It is recommended that regular water sprinkling be carried out along the entire transportation route for dust suppression, and it be consistently maintained. ii. It is recommended that the arrangement for covering all vehicles with tarpaulins be consistently maintained, and that stringent monitoring be enforced along the transportation route to ensure full compliance."
12. Along with the affidavit, an Inspection Report of the Committee, of an inspection carried out on 24.03.2025, has been filed which reads as under :-
"FACTUAL REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (NGT), EASTERN ZONE BENCH KOLKATA IN ITS ORDER DATED 22/10/2024 IN O.A. No. 97/2024 (Earlierr O.A. No. 144/2024/PB) IN THE MATTER OF VIMLA VIPU SOREN VERSUS STATE OF JHARKHAND & ORS.14
1. Introduction The Hon'ble National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, in its orders dated 22/10/2024, in O.A. No.97/2024 (Earlier O.A. No. 144/2024/PB) in the matter of Vimla Vipu Soren Vs State of Jharkhand & Ors. has issued the certain directions. The relevant portion of which is as under :-
"4. Although we are of the considered view that the Joint Committee constituted by this Tribunal could visit Dumka and look into grievances of the applicant, yet in view of the administrative exigencies pointed out and for ensuring better coordinated and efficient functioning of the Joint Committee, representative of the District Magistrate, Dumka is included in the Joint Committee already constituted and the Joint Committee is directed to visit all the affected places including railway goods shed at Railway Station Dumka, look into the grievances raised in the application particularly compliance with environmental clearance conditions and also directions given by Hon'ble Supreme Court of India and this Tribunal regarding transportation of coal by respondent no.5 and take appropriate remedial action and submit its report within two months."
5. In view of the averments made in the application and also observations made by the Joint Committee, we consider presence of the District Magistrate, Dumka and Divisional Railway Manager, Eastern Railways Kolkata to be necessary for just and proper adjudication of the questions involved in the case and the District Magistrate, Dumka and Divisional Railway Manager, Eastern Railways Kolkata are accordingly impleaded as respondents no. 6 and 7."
2. Formation of the Joint Committee As per the Hon'ble NGT order dated 22/10/2024, the District Magistrate, Dumka, was included in the Joint Committee, and joint committee was directed to inspect all affected locations, including the Railway Goods Shed at Dumka Railway Station, and verify compliance with enviroinmental norms, Hon'ble Supreme Court directions, and Hon'ble NGT guidelines regarding coal transportation.
In compliance with the Hon'ble NGT's order, the Joint Committee visited the site on 24.03.2025 covering the Pakur and Dumka jurisdictions. The following members of the Joint Committee conducted the site visit.
S.N. Officials Name Designation Organization
01 Shri Anjaneyulu District Govt. of
Dodde Magistrate, Jharkhand
Dumka
02 Shri Sandip Nandi Scientist B Integrated
Regional Office,
Ministry of
Environment,
Forest & Climate
Change
(MoEF&CC),
15
Ranchi
03 Shri Rajesh Kumar District Mining Govt. of
Officer, Pakur, Jharkhand
representative of
District
Magistrate,
Pakur
04 Sri Amul Kumar Soren Regional Officer JSPCB, Regional
Office, Dumka,
Nodal Agency
Additionally, representatives from the following
Department/organizations participated in the joint inspection :
i. Shri Marshal A. Silva, Sr. DCM, Eastern Railways, Asansol (Representative of DRM - Asansol-Eastern Railways) ii. Representatives from The West Bengal Power Development Corporation Limited (M/S WBPDCL)
3. Areas Visited The Joint Committee visited the following key locations during the inspection :
A. District - Dumka The following locations were inspected as part of the joint inspection :
(a) Railway Goods Shed, Dumka Railway Station : The primary location for coal loading and transportation.
(b) Coal Transportation Routes in Dumka : The routes were inspected to assess dust suppression measures, coal spillage issues, and air quality impacts along the 70-km stretch (comprising approximately 55 km in Dumka District) B. District - Pakur The following locations were inspected as part of the joint inspection :
(a) Coal Transportation Routes in Pakur : The routes were inspected to assess dust suppression measures, coal spillage issues, and air quality impacts along the 70-km stretch (comprising approximately 15 km in Pakur District)
4. Observation of the Joint Committee A. District - Dumka
(a) Railway Goods Shed, Dumka Railway Station :
The sites visited by the Joint Team 01, 02 & 04 along with representative of DRM asansol and representative of The West Bengal Power Development Corporation Limited (M/S WBPDCL) 16 During inspection following observations were made :-
i. A boundary wall has been constructed along the railway siding, with a height of 25 feet.
ii. Approximately 5000 trees have been planted within the railway siding area.
iii. It was observed that coal transportation was carried out using leak-proof and covered vehicles with tarpaulin. iv. It was observed that surface run off was kept within the premises and Garland drain, settling pit has been constructed.
v. Fog Mist Cannons :- A total of 14 fog mist cannons have been installed at the railway siding for effective dust suppression. vi. 02 mobile water tanker-based high-pressure PTO (Power Take Off) type sprinklers have been provided in the Railway goods shed for dust suppression and wetting of the unit premises.
vii. It was observed that the housekeeping at the railway siding was satisfactory. Additionally, the previously observed coal slurry, caused by the excessive use of water in the dust suppression process, has been controlled by optimizing the usage of water tankers, which has reduced excessive water sprinkling.
viii. PM10 analyzer has been installed at the Dumka goods shed to monitor PM10 levels.
ix. Additionally, the unit has established coal wetting facilities at the entrance of the Dumka railway siding. x. A PTZ and CCTV camera have been installed at the railway siding for monitoring covered vehicles, overseeing the operation of pollution control instruments, and other relevant tasks.
xi. Also, in compliance with the Hon'ble NGT order O.A. No. 19/2021/EZ in the matter of Ravi Shanker Mandal vs Union of India and others, a phone number (+917061725625) has been allotted for WhatsApp and audio calls for the Grievance Redressal System at Dumka Goods Shed.
(b) Coal Transportation Routes in Dumka area :-
It was noted by the joint committee members that the coal transportations road, stated in the petition, has total stretch of 70 kms out of which distance of approx. 15 kms comes 17 under the Pakur District and approx.... 55 kms length of road is covered in the Dumka District.
The sites visited by the Joint Team 01, 02 & 04 along with representative of the West Bengal Power Development Corporation Limited (M/S WBPDCL) During inspection following observations were made :-
i. The WBPDCL has developed a combined coal wetting & wheel washing facilities in a transportations route at mauza-Hetkoria near Nakti village before entering the populated area of Dumka town.
ii. It was observed that one truck-mounted mist-type vehicular water sprinkling system and five mobile water tanker-based high-pressure PTO (Power Take Off) type sprinklers have been deployed for dust suppression along the coal transportation route in Dumka.
iii. During the inspection, it was observed that coal-loaded vehicles were covered with tarpaulins on the transportation route. Additionally, a checkpoint at Gopikandar was observed on the transportation road in the Dumka area. As informed by the WBPDCL representative, the checkpoint has been established to verify and ensure the proper tarpaulin covering of coal- loaded trucks.
iv. A lay by was also observed at Durgapur in the coal transportation route Dumka for coal trucks to halt. v. Avenue plantation was observed along the coal transportation route from the siding to the mining area. vi. Green nets were fixed at Phulojhano Chowk and Kathikund for dust control.
vii. A mechanical road sweeping machine (Registration No. TN 38 DF5856) was observed on the coal transportation route, actively engaged in cleaning operations. Additionally, manual sweeping by local workers was observed at Phulo Jhano Chowk (Dumka).
B. District - Pakur
(a) Coal Transportation Routes in Pakur :
18A dedicated coal transportation road extends from the mine up to the Bansloi River Bridge, which marks the boundary of Pakur District. This road, specifically for coal transportation, is approximately 15 kilometers long and is situated in the Pakur district.
The sites visited by the Joint Team 02, 03 & 04 along with representative of the West Bengal Power Development Corporation Limited (M/S WBPDCL) During inspection following observations were made :-
i. The Joint Committee did not observe any villages or habitations along the 15 km stretch of the coal transportation route (by road) within the territorial boundary of Pakur District.
ii. The M/S WBPDCL has developed a combined coal wetting & wheel washing facility at Barmasia village in a transportations route located in Pakur to mitigate the pollution.
iii. The WBPDCL has provided a coal wetting facility at mine exit area.
iv. During the inspection, it was observed that coal-loaded vehicles were covered with tarpaulins on the transportation route. Additionally, checkpoints for monitoring overloading and tarpaulin coverage were observed at Mine Exit, near the haul road, near the toll exit and Amrapara (at Barmasia). v. 03 mobile water tanker-based high-pressure PTO (Power Take Off) type sprinklers have been provided on the coal transportations road in pakur district for dust suppression. vi. Avenue plantation was observed along the coal transportation route in Pakur.
5. Overall Observation :-
Following overall observation were found in the coal transportation road from Coal mines, Pakur to Dumka Railway siding :-
i. Wheel-Washing & Coal wetting :- Two wheel-washing and coal-wetting facilities have been set up at Mauza-Hetkoria near Nakti (Dumka) and at Barmasia village (Pakur) on the coal transportation road from Pachhwara North Coal Mine (WBPDCL) to Dumka Goods Shed, and both were found operational during the inspection.19
ii. Tarpaulin covered & Checkpoints :- During the inspection, it was observed that coal-loaded vehicles were covered with tarpaulins on the transportation route. Additionally, checkpoints for monitoring overloading and tarpaulin coverage were observed at Mine Exit, near the haul road, near the toll exit, Amrapara (at Barmasia) and Gopikandar. iii. AAQ Monitoring locations :- WBPDCL, in consultation with JSPCB, has selected Mine Exit, Alubera, Amrapara, Dumka, and Durgapur for Ambient Air Quality (AAQ) monitoring. The February 2025 report for the coal transportation road from Pachhwara North Coal mine (WBPDCL) to Dumka Goods Shed shows air quality within prescribed limits. iv. Plantations :- Avenue plantation was observed along the coal transportation route in Pakur & Dumka District. v. Water sprinkling : - Total 10 mobile water tanker-based high-pressure PTO (Power Take Off) type sprinklers have been observed on the coal transportations road from pachhwara North Coal Mine, Pakur (WBPDCL) to Dumka Goods Shed for dust suppression.
6. Remedial Measures/Action As per the Hon'ble National Green Tribunal (NGT) order, based on the visit to Dumka Goods Shed by the DC Dumka and RO, JSPCB on 25.02.2025, the interim inspection report identified the following two non-compliances. Corrective actions have been recommended in the interim report, as detailed below :-
i. It is recommended that all vehicles be properly covered with tarpaulins, and strict monitoring be implemented along the transportation route to ensure compliance. ii. It is recommended that the railway siding be maintained with proper housekeeping practices to prevent coal slurry formation due to the use of excess water in the dust suppression process.
As per the above observations and recommendations, WBPDCL and DRM Asansol were directed to take corrective actions through JSPCB Regional office Dumka's letter No.470 dated 19.03.2025.
In response to these directions, WBPDCL has submitted a detailed compliance report under letter No. WBPDCL /Pachhwara (N)/2025/135 dated 23.03.2025. The report sates that optimizing the use of water tankers will help reduce 20 excessive water sprinkling, thereby preventing the formation of coal slurry and ensuring efficient dust suppression.
Additionally, WBPDCL has confirmed the establishment of checkpoints to monitor tarpaulin coverage and prevent spillage along the route. The report also mentions that strict enforcement measures, including initial warnings, temporary bans, penalties, and blacklisting, will be imposed on any vehicles or drivers found in violation of these practices.
7. Recommendation / Prayer :
i. It is recommended that regular water sprinkling be carried out along the entire transportation route for dust suppression, and it be consistently maintained.
ii. It is recommended that the arrangement for covering all vehicles with tarpaulins be consistently maintained, and that stringent monitoring be enforced along the transportation route to ensure full compliance."
13. The Committee in its Inspection Report has noted that coal loaded vehicles were covered with tarpaulin on the transportation route and the checkpoints were also observed at Gopikandar on the transportation route in the Dumka area to ensure proper tarpaulin covering of the loaded trucks ; avenue plantation was also observed along the coal transportation route from the siding to the mining area ; the Respondent No.5 has also developed combined coal wetting & wheel washing facilities on the transportation route at Mouza - Hetkoria near Nakti village before entering the populated area of Dumka town and one truck-mounted mist-type vehicular water sprinkling system and five mobile water tanker-based high pressure Power Take Off (PTO) type sprinklers have been deployed for dust suppression along the coal transportation route in Dumka ;
mechanical road sweeping machine was also observed on the coal transportation route ; green nets were also fixed at Phulojhano Chowk and Kathikund for dust control.
2114. With regard to district Pakur, the previous findings of the Committee has been reiterated and in addition, it is stated that the coal loaded vehicles were covered with the tarpaulins on the transportation route and checkpoints for monitoring overloading and tarpaulin coverage were observed at the Mine Exit near the Haul Road near the Toll Exit and Amra Para (at Barmasia) ; 3 mobile water tanker based high pressure Power Take Off (PTO) type Sprinklers have been provided on the coal transportation route in District Pakur for dust suppression and Avenue Plantation was also observed along the coal transportation route in Pakur.
15. In view of the specific findings of the Committee, we find that nothing remains for adjudication in the present Original Application and the same is disposed of with a direction to the Respondents to ensure that the recommendations made in the Committee Report are strictly observed and carried out to ensure dust suppression and prevention of environmental violations in future.
16. I.As, if any, stand disposed of accordingly.
17. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 22, 2025, Original Application No.97/2024/EZ (Earlier O.A. No.144/2024/PB) SKB 22