National Green Tribunal
Subhas Datta S/O Late Baneswar Datta vs Ministry Of Railway Through Chairman ... on 28 January, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 57/2017/EZ
IN THE MATTER OF:
Subhas Datta
S/o Late Baneswar Datta,
25/1 Guitendal Lane,
P.O.+P.S.+District-Howrah
Pin Code-711101, West Bengal
....Applicant(s)
Versus
1. Ministry of Railway
Notice through the Chairman Railway Board,
Rail Bhawan, 1 Raisinha Road,
New Delhi-110001
2. Eastern Railway,
Notice through the General Manager,
17, N.S. Road, Calcutta-700001
3. South Eastern Railway
Notice through the General Manager,
Garden Reach Road,
Calcutta-700043
4. State of West Bengal
Notice through the Principal Secretary,
Department of Environment, Government of West Bengal
5th Floor, Parisampad Bhawan,
Block-LG-II, Salt Lake, Sector-III,
Bidhannagar, Calcutta-700106
5. West Bengal Pollution Control Board
Notice through the Member Secretary,
Paribesh Bhavan, 10A, Block-LA,
Salt Lake City, Calcutta-700098
1
6. Director,
State Water Investigation Directorate
11A Mirza Galib Street,
Khadya Bhawan, Kolkata-700087
7. Regional Director,
Central Ground Water Board,
Eastern Region, Bhujalika,
CP Block-6, KOLKATA-700091
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Subhas Datta, in person
COUNSEL FOR RESPONDENTS:
Mr. Kalyan Sarkar, Advocate a/w Ms. Dhiswari Nag, Advocate
for R-1 to 3,
Mr. Sibojyoti Chakraborty, Advocate for R-4 & 6,
Mr. Dipanjan Ghosh, Advocate for R-5
Mr. Ashok Prasad, Advocate for R-7
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 21st January, 2022 Pronounce On: - 28th January, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the Applicant in person as well as the learned Counsel for the Respondents and perused the documents on record.2
2. This Original Application has been filed by the Applicant raising several issues of critical nature relating to the Railways which have been enumerated by the Tribunal and read as under:
"i) Unhygienic conditions of (a) platforms of Howrah Railway Station and (b) Railway Yard;
ii) Operation of the eateries in the Howrah Railway station;
iii) Operation of kitchen in the Yatri Niwas of the station;
iv) Inadequate capacity of the STP which is said to have been constructed in the year 1995;
v) Running of Guest house on the bank of river Ganga (Hooghly);
vi) Issues pertaining to solid waste management in the railway station."
3. At the time of admission, the Respondent No.5, West Bengal Pollution Control Board was directed to inspect the Howrah Railway Station and its yards and verify all the aspects raised by the applicant in the original application and submit its report by the next date.
4. Thereafter, an Inspection Report was filed by the West Bengal Pollution Control Board, the observations and recommendations of which with regard to the Howrah Station may be reproduced herein below:
"Observation:
Howrah Station-
The station, which is actually a terminus, comprises of 23 platforms in total. The platforms were found to be more or less clean during the time of visit and in some of the platforms & tracks cleaning activities were going on. Cleaning is done with the help of machines/equipment like Scrubber Driver, Ride-On machine, High Pressure Jet machine & Suction machine. Scrubber Driver & Ride-On machines are used to clean the 3 platform surface, High Pressure Jet machine is used for cleaning tracks as well as platforms with the help of water and Suction machines are used for cleaning human wastes from the tracks.
It was informed that cleaning activity is done in all the three shifts but Suction machine is usually operated during the morning shift and the waste is sucked in the container of the machine. The disposal of such waste, as per information obtained from objective evidence, is either done in drains or buried in a designated pit, but such points of disposal of waste was not shown. During later hours of the day, human wastes are cleaned with the help of High Pressure Jet machine and the effluent arising out of platform & tracks cleaning finds its way into the drainage system of the station leading to the ETP of the station.
It was observed that bins were placed at different points on the platforms for disposal of solid wastes like packets, pouches, packaged drinking water bottles, etc. Wastes lying on the platforms & tracks are collected manually by accumulating with the help of brooms. The wastes are collected by designated personnel and disposal in a vat situated at the Southern side of the station. From the vat, the wastes are truck loaded and ultimately disposed to the dumping site of Howrah Municipal Corporation by the Railway Authority's own conservancy. Waste segregation is not practised.
There are six eateries/restaurants in total presently existing within the station complex operating in the name & style of the following:-
(i) Goel & Goel Restaurant-
The unit serves prepared food brought from outside and kept in stainless steel hot boxes. Some food item is prepared on the spot with the help of an electric heater. There is no sitting arrangement. Customers either take away or have the food standing within the restaurant. Bins exist for the disposal of disposable plates & containers.
(ii) Jan Aahar (of old complex)-
This unit has a sitting capacity of 40 and prepares food with the help of 5 nos. LPG oven having kitchen chimney arrangement for venting out the fumes. Bins exist for on spot disposal of disposable plates & food wastes. Effluent arising out of utensil washing finds it way into the drain leading to the Howrah Station ETP. 4
(iii) Food Plaza-
The unit was found to be closed. It was informed that as it has been taken over by a new contractor renovation work was in progress.
(iv) Comesum-
The unit has a sitting capacity of 60 and makes use of 2 nos. LPG oven (with kitchen chimney arrangement for venting out the fumes) the food preparation. Bins exist for on spot disposal of disposable plates & food wastes Effluent arising out of utensil washing finds its way into the drain leading to the Howrah Station ETP.
(v) Jan Aahar (of new complex)-
The unit has sitting capacity of 40 and makes use of 4 nos. LPG oven (with kitchen chimney arrangement) for food preparation. Bins exist for on spot disposal of disposable plates & food wastes. Effluent arising out of utensil washing finds its way into the drain leading to the Howrah Station ETP.
(vi) KFC & Pizza Hut restaurant-
This is a combined unit of two operators having a total sitting capacity of 86. Food preparation is done with the help of both LPG & electric ovens. Kitchen chimney arrangement exits for venting out the fumes. Bins exist for disposal of disposable plates & glasses. Effluent arising out of container washing finds its way into the drain leading to the Howrah Station ETP.
The station has a lodging facility in the name & style of Yatri Niwas which is for train & air ticket holder only. The unit is having 30 no. of rooms & 9 dormitories. No kitchen facility exists in the unit.
There are in total seven Pay & Use toilet within the station complex. There are WCs also for Upper Class Waiting Rooms and offices of station complex. The sewage from toilets/WCs goes to septic tanks and the septic tank liquor finally goes to Howrah Station ETP. Outside the station, but within the station annexe area, exists a riverside conference hall of the Railway authority in the name & style of Riviera. The WC effluent of the unit goes to the Howrah Station ETP via septic tank of the unit.
5 Howrah Station ETP-
The installed treatment capacity of the plant is 7 MLD of effluent, as informed. It was commissioned during January, 1996. The plant comprises of the following but operations in sequence:-
Bar Screen→Oil & Grease trap→Grit chamber→Aeration tank (2 nos. in parallel) →Clarifier (2 nos. in parallel) → River discharge.
The sludge from the clarifiers are taken in a sludge sump and pumped to sludge drying beds from where it is used a manure in gardening. The ETP was found in operation. Regular sampling is carried out by State Board and the results show compliance w.r.t. environmental norms.
Total effluent received on an average is about 5 MLD, as informed. A program for augmenting the ETP has already been undertaken.
Different yards related to Howrah Station-
(i) Howrah Yard:-
This area has ceased to be a yard. Instead, it has become a transit zone for the trains arriving at & departing Howrah Station. Some parts of the area were found to be littered with plastic wastes (like empty PET bottles & packets) and paper wastes.
(ii) Jheel Siding:-
In this yard cleaning, maintenance (including repairing) and watering of passengers trains are carried out. The wash water from the lines goes to 2 nos. effluent sump and is finally discharged to HMC drain outside without any treatment.
There are bins besides every line for disposal of solid wastes collected from the coaches arriving at the yard. Such solid wastes are in turn disposed to a vat at the northern side of the yard from where the wastes are truck loaded and ultimately disposed to the dumping site of Howrah Municipal Corporation by the Railway Authority's own conservancy. The vat was found to be unguarded and is invaded by dogs & pigs resulting in littering of wastes in the vicinity.
(iii) Sorting yard coaching complex:-
In this yard cleaning, maintenance (including repairing) & watering of mail & express trains are carried out. The wash effluent goes to four effluent 6 collecting sumps. From one sump the untreated effluent is directly discharged to a large water body beside the yard, commonly known as Rani Jheel.
Three other sumps have two lines each, one for direct discharge of untreated effluent to Rani Jheel and the other to convey the effluent to ETP of the yard.
It was informed that the ETP has a treatment capacity of 0.48 MLD whereas total effluent generation is about 0.65 MLD. It was also informed that the process of ETP augmentation has already been initiated. The ETP in the present form comprises of the following unit operation in sequence:-
Screen chamber→Alum dozing tank→Sedimentation tank→Aeration tank→Mud (holding pond.
From the mud pond the water is sent to filtration section comprising of a Multi-Grade Filter (MGF) & Activated Carbon Filter (ACF) in sequence.
After filtration, the water is stored in an underground tank for reuse in the yard. Excess water from the mud pond is discharged to Rani Jheel. Two water samples were collected, one from the outlet of mud pond and the other from the ACF outlet, for analysis. Results are awaited.
The yard has adopted high pressure jet cleaning to reduce water consumption and such facility presently exists in two lines out of total ten. There is a plan to implement high pressure in all the line, as informed.
The yard receives trains with coaches where On- Board House-keeping (OBH) system is practiced. Presently, in such system, the solid wastes of the coaches are collected on-board and packed in jumbo-polybags those that are brought down in the yard and transferred to a vat situated beside the Rani Jheel from where the wastes are truck loaded and ultimately disposed to the dumping site of Howrah Municipal Corporation by the Railway Authority's own conservancy. The vat was found to be unguarded and there was gross littering of wastes.
Many bio-toilet unit (effectively portable septic tanks with chlorination facility) were sent to be lying in the yard and fitting of bio-toilets in coaches were 7 observed to be in progress. It was informed that new coaches manufactured are bio-toilet ready.
(iv) Tikiapara Coaching Depot:-
In this yard activity similar to Sorting Yard Coaching Complex is practiced. But there is no effluent treatment system in the yard. It was informed that an ETP is proposed. This yard also receives trains with OBH system. The details regarding daily water consumption and effluent generation could not be obtained. But it was informed that untreated waste water of the yard is discharged to HMC drain. In this yard cleaning & maintenance of premier trains like Rajdhani Exp. & Shatabdi Exp. are done.
This coaching complex has a mechanized laundry having three HSD-fired boilers (capacity- 1 TPH each) provided with individual stacks of height about 15m from ground level.
Other relevant information:
As per information provided, daily average footfall in Howrah Station premises is 1 million.
It was informed that an Environmental House-keeping Directorate has been formed newly by the Ministry of Railway, under which Environmental House-keeping Management department has been created in all the divisions of Indian Railways. The responsibilities of such a department, as informed, are the following:-
(i) Station cleaning for A1 & A-categories of stations
(ii) Train cleaning
(iii) Yard cleaning
(iv) Monitoring of environmental issues
(v) Utilization of 1% of different plan estimates for betterment of environment It was informed that in a couple of trains all the coaches are bio-toilet fitted and in four trains (including premier trains) Control Discharge Toilet System (CDTS) has been adopted. In CDTS, the wastes are discharged from moving trains on tracks at certain points with help of compressed air.
In general, segregation of solid waste is not practiced. It was informed that a 25 TPD Solid Waste Management Plant is proposed for which land has already been identified in Tikiapara region. The plant proposed has the objective to generate energy from waste. 8 Supply of potable water in the station complex is catered by a 0.5 MGD river-water based Water Treatment Plant of the Railway Authority. Moreover, it was observed that UV-water purifiers have been installed at drinking water points of the station.
Recommendations:
(i) Out of the three operating yards visited by the State Board officials, it was observed that two yards (Jheel Siding & Tikiapara Coaching Depot) have no ETP and the ETP of Sorting Yard Coaching Complex is inadequate. Therefore, the Railway Authority may be directed to install proper ETP for each yard on an urgent basis.
(ii) Water meters should be installed at intake points & outlets of ETPs.
(iii) Online effluent parameter monitoring system shall be installed at the ETP outlet/final outlet.
(iv) Waste disposal vats have to be properly guarded so that littering/spillage of wastes from vats does not occur.
(v) The yards shall have to obtain Consent to Establish/Consent to Operate (as applicable) from the State Board as the activity matches with 'Railway locomotive workshop/Integrated road transport workshop/service centres having waste water generation >=100 KLD'. Mechanized laundry also needs to obtain Consent to Establish/Consent to Operate from the State Board.
(vi) The restaurants/eateries located within Howrah Station complex also need to obtain Consent to Establish/Consent to Operate (as applicable) from the State Board. Yatri Niwas being a lodging facility only (without any kitchen facility) does not require Consent to Establish/Consent to Operate of the State Board as per the latest categorization of industries.
(vii) Railway Authority should take initiatives to create awareness (including on-board announcements) among the passengers against littering of wastes on railway tracks.
(viii) Though the station area was found to be more or less clean, still there is enough scope for 9 improvement. The Railway Authority may be asked to chalk out & implement an integrated environment management plan for proper management of different kinds of wastes in the station area as well as in other operating areas.
(C. Dawn, Asst. Environmental Engineer) (A.K. Dey, Environmental Engineer)
5. Photographic evidences have also been filed from page no. 29 to 31 of an inspection carried out on 17.05.2017 & 18.05.2017 and report filed on 24.05.2017.
6. Another Inspection Report dated 13.07.2017 was filed by the West Bengal Pollution Control of an inspection carried out on 07.07.2017 which reads as under:-
"Observation:
Howrah Station:-
The station area was found to be more or less clean and cleaning activities were observed at different points. The railway authority has already initiated cleanliness drive campaign by displaying relevant posters/banners at strategic points or the station area. Waste bins were observed in different places of station area. It was informed by the railway officials that focus is being given on stain free corners/niches, express cleaning of excreta from tracks/platforms, mechanized cleaning at adequate frequency, etc. It was also informed that environmental measures like installation of alternative/renewable energy sources (like solar plant), low energy consuming lighting systems, large scale plantations in different areas, etc. have been initiated.
It was observed that work has been started for reconstruction of the vat in the station area. It was informed that a vat with proper enclosure and shed will be constructed.
All the six eateries/restaurants have been already instructed by the railway authority to obtain the CFE/CFO from the State Board as informed and one has already approached the GM, DIC, Howrah for obtaining the same.
Different yards related to Howrah Station:-10
Initiations for the construction/upgradation of ETP in the yards have been made. Construction work will take some time to start, as informed by the railway officials.
Initiation has already been made to obtain CFE/CFO of the State Board. A railway official visited the Alipore Regional Office of the State Board on 12/07/2017 in order to know the procedure/formalities regarding application for CFE/CFO.
Enclosure & a gate for the vat of the Jheel Siding yard were seen to have been put up to prevent dogs/pigs entering the vat and littering the wastes. It was informed that reconstruction/repairing work for vats in other yards have been planned already.
Other relevant information:
It was informed by the railway officials that the ETPs already existing/to be constructed will be provided with water meters. It was also informed that the railway authority has felt the importance of installing online effluent monitoring system as it will enable them to know the degree of compliance by observing real time values.
Comments:
It appears that the railway authority has already taken initiatives for implementation of various recommendations made by the State Board. But actual implementation and execution of works (except in some areas like reconstruction of vats, general cleanliness of the station area) are yet to be started."
7. Having regard to the subsequent Inspection Report of 13.07.2017, it was noted by the Tribunal that the situation does not reflect any improvement of significance. There is no report on ETPs and STPs being taken by the Railways to obtain statutory clearances. The deficiencies in the report were noted by the Tribunal in its order dated 10.08.2017. The relevant extract of which may be reproduced herein under:-
"In today's affidavit, the report of inspection carried out on 7.7.2017 has been filed by the State PCB. According to its finding during the inspection carried on that date, the situation does not reflect any improvement of significance expect on 11 some minor aspects. There is no report on the ETPs and steps being taken by the railways to obtain the statutory clearances.
We may point out that want of consents under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974, would call for closure of the facilities in the railway station but we are not resorting to such harsh measure at this stage considering the immense inconvenience that may be caused to the general public."
8. The Tribunal accordingly directed the West Bengal Pollution Control Board to take stringent measures to ensure that the Railways obtain statutory consents after they satisfy all the requirements for the purpose. Setting up of ETPs is mandatory and cannot be avoided and the Railways were granted six months time to set up the ETPs. The West Bengal Pollution Control Board was also directed to ensure strict compliance of the Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and other cognate rules relevant to the activities at the railway station.
9. The Tribunal however by its order dated 15.01.2018 also took up the matter relating to the Sealdah Railway Station and directed the West Bengal Pollution Control Board to deal with the conditions in the Sealdah Railway Station on the same aspects as in the case of Howrah Railway Station.
10. Mr. Subhas Datta, the applicant appearing in person, in the meantime raised another issue regarding extraction of groundwater by Railways in the two Railway Stations which issue was taken up by the Tribunal on 23.04.2018 and 25.04.2018 and the Railways were directed to address itself to this aspect of the matter also. The 12 Director, State Water Investigation Directorate, Kolkata and the Regional Director, Central Ground Water Board, Eastern Region Kolkata were also directed to investigate the matter and to identify the source and the volume of groundwater being consumed by the Howrah Railway Station.
11. On 20.07.2021, the Tribunal also directed the State Water Investigation Directorate (SWID) to identify as to whether the Railway Respondents (Howrah and Sealdah Railway Station) had obtained permission for extraction and use of groundwater.
12. Thereafter, an affidavit dated 26.07.2021 was filed by Respondent No.6, State Water Investigation Directorate, Govt. of West Bengal, wherein it has been stated that the permission was granted to the Railway Authorities for extraction of groundwater subject to payment of Rs.5,000/- penalty towards each tube well which comes to 5,000 X 5 wells = 25,000/- and the Railways were also required to deposit a sum of Rs.15,000/- towards second installment totaling Rs. 40,000/-. Before the Tribunal a statement made by Mr. Kalyan Sarkar, learned Counsel appearing for the Railways that he will ensure that the said payment of Rs. 40,000/- towards penalty shall be paid within 24 hours and thereafter, the affidavit to that effect was filed by the Railways stating that the amount of Rs. 40,000/- had been deposited by the Railway Administration.
13. As regards operation of ETPs at the Tikiapara Coaching Complex & Jheel Siding Coaching Complex and Shorting Yard 13 Coaching Complex, it is stated in the affidavit of the Railways that the Annual Maintenance & Operational Contract of the value of Rs.65,24,814/- (Rupees Sixty Five Lakhs Twenty Four Thousand Eight Hundred and Fourteen only) for three years is under finalization. This shows that the ETP had not been operational.
14. So far as cleaning of the Railway Tracks from Howrah Station to the nearby yards, the order of the Tribunal dated 2.08.2021 from paragraphs 6 to 17 may be reproduced to show action or inaction of the respondents which reads as under:-
Howrah Railway Station "6. So far as operation of ETPs at the Tikiapara Coaching Complex & Jheel Siding Coaching Complex and Shorting Yard Coaching Complex are concerned, it is stated in the affidavit of the Railways that the Annual Maintenance & Operational Contract of the value Rs. 65,24,814/- (Rupees Sixty Five Lakhs Twenty Four Thousand Eight Hundred and Fourteen only) for three years is under finalization. This means that the said ETPs are not fully operational.
7. The Railways are, therefore, directed to submit its time schedule along with plan of action within which the contract will be finalized by the next date of listing.
8. So far as cleaning of Railway Tracks from Howrah Station to the nearby yards which are stated to be littered with scattered wastes, it is stated in Para 6 of the Railways' affidavit that the yard is being cleaned regularly and that a contract of the value Rs. 14,95,012/- (Rupees Fourteen Lakhs Ninety Five Thousand and Twelve only) for 730 days is in operation w.e.f. 30.12.2020.
We direct the West Bengal Pollution Control Board to inspect the Howrah Station and submit its report with regard to this item.
9. With reference to the allegations at Page 376 of the paper- book, the affidavit of the Railways, states that all the coaches of Howrah Division are running with bio-toilets system and are in active condition and total 1634 coaches are fitted with bio-toilets.
14 We direct the West Bengal Pollution Control Board to inspect the coaches randomly and submit its report by the next date with regard to the functioning of the bio-toilets in all the coaches of the trains operating from the Howrah Division.
10. At Item No.11 at Page No. 377 of the paper-book it is alleged that plastic wastes are not segregated and disposed as per the Plastic Wastes Management Rules, 2016. The reply in para 8 of Railways' affidavit is that the plastic waste is segregated and disposed off by the Plastic Bottle Crusher Machine which are 3 in number and have been installed at Howrah Station. It is also stated that 204 Twin dustbins for segregation of Bio-degradable Waste & Solid Waste are placed at Howrah Station and the same is disposed off daily by the Railways.
The West Bengal Pollution Control Board shall inspect the same and submit its report regarding disposal of solid and liquid waste including plastic waste as per the provisions of the Solid Wastes Management Rules, 2016 before the next date of listing.
11. So far as Item No. 12 regarding installation of solar power panels is concerned, Mr. Subhas Datta, Applicant in person fairly submitted that the solar power panels have been installed and this item no longer remains an issue. The Railways in para 9 of their affidavit have also submitted that Grid Connected Roof Top Solar Plant are installed at Yatri Nivas building (60KWP), Howrah Orthopedic Hospital (50 KWP), and Howrah Old & New Station Complex platform shed & Howrah Power House Building (2965 KWP) Total-3075 KWP and all are in working condition.
12. So far as Item No. 13 regarding rain water harvesting is concerned, the Railways in para 10 of their affidavit have stated that rain water harvesting is done in Howrah Division and systems are installed at Howrah Orthopedic Hospital and in the Station Buildings of Burdwan, Bandel, Rampurhat and Bolpur in Howrah Division. The question is whether the systems are operational and functional and what is the rain water used for needs to be ascertained.
We, therefore, direct the West Bengal Pollution Control Board to inspect and submit its report in this regard also.
Sealdah Railway Station
13. So far as inadequacy and non-compliance with regard to the Sealdah Railway Station are concerned, in para 3 of second affidavit of the Railways also dated 30.07.2021 it is stated that the enhancement of ETP capacity has not been done. One ETP (Effluent Treatment Plant) cum WRP (Water 15 Recycling Plant) of 700KLD has been installed and is in operation since 2019. It is also stated that the proposal for construction of one additional ETP of capacity of 1MLD is under process for getting approval, the estimated cost of which is Rs. 1,81,82,046/- (Rupees One Crore Eighty One Lakhs Eighty Two Thousand and Forty Six only). The tentative date of completion is given FY 2022-23. These averments in the affidavit are absolutely vague.
We are of the view that the Railways should file an affidavit stating the time schedule along with an Action Plan for completion of this ETP plant in the Sealdah Railway Station by the next date of listing.
14. So far as Item No. 15 regarding remedial steps to arrest the waste lubricating oil falling on the railway track is concerned, it is stated that total 1660 gear case oil pipe with spring loaded cover (upgraded technology) for EMU gear case to stop leakage has been proposed, the total coat being Rs. 9,85,376/- (Rupees Nine Lakhs Eighty Five Thousand Three Hundred Seventy Six only), the date of completion being January, 2022.
15. So far as Item No. 16, regarding disposal of plastic waste is concerned in Para 5 of the affidavit of the Railways, it is admitted that the plastic waste disposal is not as per Plastic Waste Management Rules, 2016. However, the measures taken by the Sealdah Division of the Eastern Railway for Plastic Waste Management Rules, 2016 has been given in sub- paras 8 (a) to (i).
The West Bengal Pollution Control Board is directed to inspect the Sealdah Division of the Eastern Railway and see the measures taken by the Sealdah Division with regard to Plastic Waste Management Rules, 2016 and submit its report.
16. As regard to installation of Solar Power Panels, the Railways in Para 6 of their affidavit have admitted that the installation of solar power penal has not yet been done but the Railways are in an agreement with M/s Sherisha Rooftop Solar SPV Three Pvt. Ltd. to execute 2.25 MWp capacity Solar Project to install Solar Panels at the Rooftop of Sealdah Station. We find that this agreement was entered into by the Railways on 25.09.2019 and we are now in mid 2021. The affidavit of the Railways does not disclose the present status. We direct the Railways to file a fresh affidavit explaining the averments of para 6 of their affidavit and whether the Solar Power Panels have been installed or not. 16
17. As regard item No. 17 regarding rain water harvesting, it is admitted in para 7 of the affidavit filed by the Railways that rain water harvesting has not been done. It is also stated that Railway building namely New Trains office and C&W building at NCC C&W depot have been identified for construction of Rain water harvesting and work is under process at an estimated cost of Rs. 50,000/- (Rupees Fifty Thousand only) and the target date of completion of both the work is 30.08.2021.
The West Bengal Pollution Control Board shall inspect the work of rain harvesting and file a fresh affidavit disclosing the capacity of the rain harvesting plant and whether it is adequate for the entire Railway Station of Sealdah and whether the work has been completed by the timeline of 30.08.2021."
15. Thereafter, an affidavit dated 05.10.2021 was filed by Respondent No.5, West Bengal Pollution Control Board, bringing on record a summary of compliance status which is reproduced herein and reads as under:-
"Summary of compliance status w.r.t. Hon'ble NGT order dated 02/08/2021 in connection with OA No. 57/2017/EZ Issues under scrutiny Compliance status
1) Operation of ETPs Howrah Station ETP was found to functional.
Sample collected in
recent past (03/8/2021)
shows compliance.
ETP at Tikiapara
Coaching Depot was
functional. Sample of
treated water collected
during visit (25/8/2021)
shows compliance.
(pictures attached in
detailed report)
ETP at Sorting Yard
Coaching Complex was
found to be in partial
operation. Tertiary part
of ETP was idle as water
level in the intermediate
holding pond was low,
one of the transfer
17
pumps was
malfunctioning and no
transfer of effluent was
taking place to the
tertiary treatment plant.
(pictures attached in
detailed report)
2) Railway track cleaning Railway tracks were found
to be quite clean at Howrah
Railway Station as well as
those leading towards the
nearby yards. Also,
cleaning of tracks &
platforms was found to be
going on during visit.
(pictures attached in
detailed report)
Railway tracks in the
nearby yards were also
found to be quite clean and
without any littering.
(pictures attached in
detailed reports)
3) Functioning of bio-toilets All of the trains randomly in coaches surveyed in Howrah Station as well as those in the yards were found to be equipped with bio-toilets in all the coaches.
4) Segregation of plastic Segregation of wastes is
wastes in Howrah done in Howrah Railway
Railway Station Station preliminarily by
installing twin-bins at
different points. Plastic
wastes are segregated and
PET bottles are crushed in
Bottle Crusher machines.
(pictures attached in
detailed report)
5) Rain Water Harvesting Rain water harvesting
system (ground water
recharge) have been
installed at Howrah
Orthopedic Hospital lodging
house and at Railway
Museum Complex and those
are functional. (pictures
attached in detailed report)
6. The remarks/recommendations given in the inspection report which reads as under:18
"Remarks/recommendations:
1) ETP was found to be in operation. Analysis reports of samples of treated effluent show compliance.
2) Railway tracks were found to be fairly clean.
3) Trains were found to be having bio-toilets in all of the coaches.
4) Rainwater harvesting is practised.
5) Waste segregation was being practised."
7. There is one more inspection report has been filed in respect of Sealdah Railway Station, the observations and remarks which are reads as under:
INSPECTION REPORT CUM CHECK LIST Name of the Industry M/s Sealdah Railway Station Address A.P.C. Road, Kolkata 700014 Pin Code 700014 P.S. Narkeldanga District Kolkata Local Body/Authority KMC Power Supply agency CESE Category of industry Red Date & Time of inspection 31.08.2021 (11.00 hrs. to 14.00 hrs.) Date of previous visit 12.02.2020 Inspecting officers Sri B. Mal, EE, Salt Lake R.O. Sri N. Das, AEE, Salt Lake R.O. Persons met during Mr. S.K. Sinha, Station inspection Director, Mr. Abhinay Kumar, Sr. DEOHM, Sri Anand Bardhan, Station Mngr./SDAH, Dr. P.S. Mitra, ACMS, H & FW, Mr. Gopal Bose, DEE/G/SDAH, Mr. Prabhat Kumar, DEE/EMU/SDAH, Mr. S. 19 Nandi, DEN/HQ, Mr. Aseem Kumar, AEOHM/SDAH.
Observation Domestic, Linen Washing, coach & platform washing (A) Sources of generation of and loco shed etc. liquid waste (B) Facility available for The unit has already treatment installed oil water separator for their loco shed.
Existing water recycling plant
of capacity 0.7 MLD
comprising of
oxidation/aeration chamber
followed by chlorination tank,
Pressure sand filter,
Activated carbon filter, sludge
drying bed was found
operations mode during
inspection.
(C) Generation of sewage and Out of 1600KLD domestic
its treatment/disposal waste water 1300KLD is
discharged into municipal
sewerage line of Kolkata
Municipality Corporation
(KMC) and remaining
300KLD goes to WRP.
(D)Observation & comments During inspection Water
on performance of Recycling Plant of the unit
treatment facility of liquid was in operation and entire waste treated water was being reused in loco washing purpose. No effluent from WRP was discharged outside. Therefore, no sample from WRP was collected during inspection.
(E) Sources of generation of 03 nos. HSD fired boiler of gaseous emission capacities 1 Ton/hr. each.
(F) Facility available for The Boilers are connected
treatment of gaseous with separate stack of height
emission 15m (approx.) from ground
level.
(G)Observation & comments During visit boilers were in
on performance of operation and no visible
treatment facility for emission was noticed from
gaseous emission respective stacks.
(H) Observation on noise ---
pollution generated from
industrial process along
with measured levels (if
measurement required)
(I) Information regarding solid The unit has already
waste generation and installed one no. 500kg/day
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disposal/storing facility compost plant for their
Biodegradable waste, which
was in operational during
visit.
Sludge generated from WRP
and compost biodegradable
wastes are used as manure.
During visit three nos. plastic
crushing machines were in
operation and crushed bottles
were handed over to
authorized vendors.
Other plastic waste is
collected from the railway
track by unauthorized rag
pickers. The station has no
system for disposal of plastic
waster as per Plastic Waste
Management Rules 2016, as
amended.
(J) Information regarding Generation: The railway
hazardous waste generated oil sludge (3.3),
generation and on site used oil (5.1), oil
storing facility contaminated waste (5.2),
empty & discarded chemical
container (33.1), used lead
acid battery (A 1160).
Management: Lubricant oil
was found stacked is
designated place and sent to
Halisahar for disposal of the
same centrally.
(K) Status of hazardous waste ----
(M&H) authorization
(L) Storing of hazardous ----
chemicals under MS&I (HC)
Rules
(M) Status of consent to Consent to Operate of the
operate unit issued on 12.06.2020,
which is valid up to
31.12.2024.
(N) Any other relevant 1. During inspection a site information has been shown by railway authority where they will install a new STP of capacity 0.7MLD. Civil construction activity has not yet been started.
2. To arrest the drop of gear 21 oil into railway track, the railway authority has introduced a new technology in gear case oil filling system (spring loaded cover upgraded technology) in trail run basis as informed by the railway authority.
However, presently the railway authority is placing metal tray just below the gear case on railway track to avoid spillage of oil in the station area as temporary measures.
3. The railway authority has already installed two nos.
rain water harvesting facility for recharging groundwater of capacity 2.5KL each in two designated building.
4. During inspection no solar panel system was observed. However, they have informed that they had an agreement with M/s Sherisha Rooftop Solar SPV Pvt. Ltd. for installation of such system.
But due to pricing policy of solar/electrical energy this agreement has not yet been materialized.
5. The railway authority has provided around 120 nos.
twin stainless steel dustbin within platform to collect & Segregate of water materials to avoid spillage and littering of solid waste.
6. The railway authority has installed Flex board prescribing penalty up to Rs. 500/- for the activity affecting cleanliness of station area.
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7. The rail authority has displayed an electronic board for awareness of passenger regarding environment pollution due to plastic waste.
8. The railway authority has informed that they have a proposal to install and operation of MRF (Material recovery facility) for segregation of all type of solid waste and sending the same to authorized recycler.
(O)Remarks Sealdah station has installed two number rain water harvesting facility of 2.5 KL each. But considering the vast area of Sealdah Railway station, Railway authority may be directed to explore other suitable buildings for installation of such system.
Railway authority may be directed to comply with the additional conditions as mentioned in their consent to operate at the earliest.
Nayan Das, AEE, Bimalendu Mal, EE Salt Lake Regional Office, WBPCB Salt Lake Regional Office, WBPCB
16. The Tribunal in its order dated 15.11.2021 noted that pursuant to the Inspection Report of 06.09.2021 what has happened has not been disclosed to this court. With regard to Item No.8, it was mentioned that the Railway authorities have a proposal to install and operate Material Recovery Facility (MRF) for segregation of all types of solid waste and send the same to authorized recycler but no timeline has been given.
17. The Tribunal also noted that two rain water harvesting facilities of 2.5 KL each, have been installed but considering the 23 vast area of the Sealdah Railway Station the Railways may explore other suitable buildings for installation of such system but what has happened is not disclosed in the affidavit.
18. The Tribunal also noted the allegation of the applicant that underground water was being extracted indiscriminately in the Gulmohar Complex near Howrah Station although the arrangement of lifting of underground water is found within the Bamangachi Rail Quarter near the Diesel Shed and this activity was being done without any formal permission.
Accordingly, the Tribunal directed the West Bengal Pollution Control Board to file a supplementary affidavit in this regard.
19. A verification statement dated 15.11.2021 has been filed by the Applicant though mentioned as supplementary affidavit bringing on record the photographic evidence to show oil-soaked litter as well as discharge and collection of waste water from mobil/lubricant shed at Bamangachi Rail Quarter near Rani Jheel.
20. An affidavit dated 03.01.2022 has been filed by the West Bengal Pollution Control Board bringing on record an Inspection Report dated 14.12.2021 of an inspection carried out on 08.12.2021. The detailed observations in respect of all the units/sites including remarks/recommendations are reproduced as herein under:-
"1. Compost Plant (1 TPD) at Howrah Station A waste to compost plant of capacity 1 TPD has been set up for management of biodegradable waste at Howrah Station. There 24 is no Material Recovery Facility (MRF) plant. A waste segregation facility was observed near the compost plant where non-biodegradable (mostly plastic) wastes are segregated from the biodegradable components. Currently, the plastic wastes segregated are bagged and disposed to dumping site of Howrah Municipal Corporation by Railways Authority's approved contractors; contract is valid upto 31/5/2023, as informed by Railway personnel. The compost plant has one composter machine. As reported, presently about 100 kg of compost is produced per day. The wet compost is sundried and bagged and transported for use in in-house gardening purpose.
2. Gulmohar Railway Colony One borewell [capacity reportedly 10,000 gallons per hour (GPH)] was observed in covered and unused condition at Gulmohar Railway Colony near Howrah Station. The Railway Authorities could not produce relevant permission for extraction of groundwater for the borewell. They stated that the same was sunk for exigency purpose in 2019 due to non-functioning of water treatment plant of capacity 2.5 MGD located at bank of river Hooghly. The representative of Railway Authority said that the borewell is not used at present since water obtained from 2.5 MGD filter plant and 0.9 MGD filter plant are sufficient to meet the water requirement of Howrah Station Old Complex, New Complex, DRM Building, Gulmohar Colony, Tindal Bagan Colony, Church Road Offices, RPF Barrack, GRP Barrack, Orthopedic Hospital, Rail Museum and Rivera, Jheel Siding, Tikiapara Coaching Depot, EMU Car Shed, Howrah General Stores, MSW Motor Foreman Office, etc.
3. Bamangachi Rail Quarter, near Howrah Diesel Shed One borewell of capacity reportedly 10,000 GPH was observed at Bamangachi Railway Colony located near Quarter No.71.
As reported by Railways representative, two more of capacity 10,000 GPH and one of 5,000 GPH exists in the said colony. The Railway Authorities could not produce relevant permission for any of them. It was reported that 3 borewells of 10,000 GPH capacity each are currently in use but the 5000 GPH capacity borewell is not in use.
4. Howrah Diesel Shed, Eastern Railway, Bamangachi The Howrah Diesel Shed is engaged is servicing and maintenance of diesel locomotives, about 150 nos per month., The waste water generated from said activity is treated in ETP ( 30 KLD) which comprises of the following:
Underground collection sump (with oil separation arrangement)→Stilling chamber→ Air blowing tank → Chemical 25 (lime+polyelectrolyte) mixing-cum-settling→ tank→ Additional settling tank→ Chlorine contract tank→ Holding tank→ Storage tank (for reuse of the treated water in yard) The sludge from settling tanks is collected in sludge drying bed; leachate is redirected to underground collection pit. A sample of treated effluent was collected from final outlet of ETP, the analysis result of which is awaited.
Significant amount of oil-soaked wastes was found dumped in the open in front of the erstwhile Kendriya Vidyalays premises. On enquiry, it was learnt that the oil contaminated waste is stored under lock and key in two rooms, one inside the said School building and the other adjoining it (photographs enclosed). It was reported that unit has made agreement with M/s West Bengal Waste Management Ltd. for disposal of hazardous wastes, but the wastes have not been lifted since long, the last waste lifting was done on 03/9/2014 as per manifest shown. Hazardous Waste Authorization was valid upto 30/06/2017; unit has applied for renewal of the same to the Waste Management Cell of the Board on 24/12/2020, application no. 420631. Consent to Operate of the unit has expired on 31/05/2021 and unit applied for renewal with fees on 03/11/2021, application no. 588463.
5. Rani Jheel and adjoining Areas Entire Rani Jheel was observed to be filled with water hyacinth and other aquatic plants. Therefore, no such outfall discharging contaminated wastewater from Howrah Diesel Shed could be located from the side of Howrah Diesel Shed. However, one narrow oil-stained channel leading towards Rani Jheel could be located near the ETP area which was observed to be dry during inspection. Unit representative confirmed that discharge of oil contaminated liquid waste is occasionally done using hose pipe through the channel below the tracks. Photograph of such blackened stretch is attached herewith. Unit representative was verbally directed to immediately clean that area and prevent further such occurrences. Aerial view of the Jheel taken from Howrah Diesel Shed Canteen Building is also enclosed.
6. Electric Loco Shed, Liluah The Electric Loco Shed, which is located very close to the Diesel Shed, was also visited. The unit is engaged is servicing and maintenance of electric locomotives, about 100 nos. per month. There is no ETP to treat the waste water generated from said activity and as reported, the effluent is discharged to Rani Jheel. However, the unit representative was unable to show the said outfall as he was not aware of the same. The drains carrying effluent from servicing/maintenance areas to the 26 sump pits clearly showed oil and grease contamination. The entry points of drains to sump pits were visible. However, the final outfall of these drains was not visible and couldn't be located during inspection. The unit does not possess Consent to Establish/Consent to Operate of WBPCB and has no ETP. Remarks/Recommendations:
1. The Howrah Station authority should take steps towards setting up of a material recovery facility.
2. Electricity connection of unused borewells should be removed if they are not required to be used any more.
Otherwise, the Railway Authorities should obtain necessary permission from SWID for abstraction of groundwater from one borewell sunk at Gulmohar Railway Colony and four borewells at Bamangachi Rail Quarters.
3. The oil/mobil-contaminated wastes should be immediately removed from the premises of Kendriya Vidyalay building beside Howrah Diesel Shed. Any hazardous waste should be always stored and disposed as per norms outlined in HWM Rules, 2016 as amended.
4. Howrah Diesel Shed should immediately obtain Authorization under HWM Rules, 2016 as amended.
5. No untreated effluent should be discharged in the adjoining areas of Howrah Diesel Shed in and around Rani Jheel and near the railway tracks.
6. Electric Loco Shed should obtain Consent to Establish/Consent to Operate from WBPCB as applicable. Unit should set up an ETP to treat all waste water generated before discharging so as to meet the stipulated standards."
21. In view of the remarks/recommendations made by the West Bengal Pollution Control Board with regard to the Howrah Railway Station, we direct the Railway Authority to effectuate compliance of the said recommendations within three months. (A) Oil/mobil-contaminated wastes should be immediately removed from the premises of the Kendriya Vidyalay building beside the Howrah Diesel Shed and any hazardous waste 27 should always be stored and disposed as per norms applied in the Hazardous Waste Management Rules, 2016. (B) The remarks show that the Howrah Diesel Shed has not obtained any authorization under the Hazardous Waste Management Rules, 2016. The said shed shall immediately effectuate steps for obtaining authorization under the Hazardous Waste Management Rules, 2016. (C) The remarks also show that the Electric Loco Shed does not have Consent to Establish/Consent to Operate from the West Bengal Pollution Control Board and it is also recommended that it should set up an ETP to treat all waste water generated before being discharged. These directions shall be complied within three months.
(D) The remarks also show that electric connection of unused borewells must be removed if they are not required. The Railway shall remove the same within three months. It appears that the Railway Authority do not have any permission from State Water Investigation Directorate (SWID) for extraction of groundwater from one borewell sunk at Gulmohar Railway Colony and four borewells at Bamangachi Rail Quarters. The State Water Investigation Directorate (SWID) shall examine this matter and take appropriate action in accordance with law.
22. An affidavit dated 26.11.2021 has been filed by Eastern Railway, Howrah Division in which it is stated that in 2019 a massive failure of water supply due to sudden subsidence of water 28 clarifier by the side of River Hooghly in which River water was being treated. Scarcity of water supply had occurred at that time, as a result of which one boring plant was installed at Gulmohar Colony to meet emergency supply of drinking water. However, since the installation of the said boring plant, it is not in operation as it is not required but necessary process for obtaining permission for installation of the same has been initiated for the Bamangachi Railway Quarter.
We, therefore, direct that the boring plant installed at Gulmohar Colony shall not be operated without permission. We also direct that extraction of groundwater at Bamangachi Railway Quarter shall not be operated till permission is obtained from the Competent Authority.
23. It is further stated that Effluent Treatment Plant (ETP) at Sorting Yard Coaching Complex, Tikiapara Coaching Complex and Jheel Siding Coaching Complex are fully operational. Waste Water and Effluents are being treated at the ETP Plants satisfactorily. Water samples taken from the Plant are being tested on monthly basis.
We direct the West Bengal Pollution Control Board to ensure time to time inspection of the ETP and to collect water samples for due testing and to ensure the maintenance of the standard norms.
24. It is also stated that there is an Effluent Treatment Plant in Howrah Diesel Shed which is used for treatment of waste water which is thereafter recycled for cleaning, washing and gardening 29 purpose. However, during heavy rain fall, water gets accumulated in maintenance pits of Howrah Diesel Shed, the same water is also treated in the ETP. When the treated water exceeds the storage capacity of ETP, the excess water is released in Rani Jheel through a hose pipe but this is done only during heavy rain. It is also stated that black spots found on the hose pipe are due to oil which sometimes attaches to the hose pipe.
25. So far as storage of Oil and Grease-Soaked Waste Materials are concerned, it is stated that there is a designated place for the same and they are being disposed off as per guidelines of West Bengal Pollution Control Board. In this regard a contract is already in place with M/s West Bengal Waste Management Ltd., an authorized agent of the West Bengal Pollution Control Board.
26. As regards Rain Water Harvesting, it is stated that arrangement for the same is available at Rail Museum and the rain water is being collected from the Roof Top of Model Station building through rain water pipe at Rail Museum and is being sent to the sump for recharging the groundwater. It is stated that there is another rain harvesting arrangement at Orthopedic Hospital provided at Annexe building (Dormitory & service building) adjacent & opposite to Orthopedic building. The rain water from Roof Top of annex building is collected through rain water pipe and directed to the sump for recharging to groundwater. 30 We direct the Railway authorities to install more such rain water harvesting facilities in both Howrah and Sealdah Station and its premises.
27. As regards Solid Waste Disposal, it is stated that solid waste is collected in Centralized Vat at Howrah Station; the food waste is processed in Waste to Compost Plant to prepare manure. This is an ongoing process where Bio-degradable waste and other waste are collected from source by twin bin dustbins placed all over the Howrah Station.
28. It is categorically stated in the affidavit of the Railway that there is no boring/underground water plant at the Howrah Station and the source of water supply of the Howrah Station is taken from the River Hooghly through intake pumps.
29. One affidavit dated 26.11.2021 has been filed by the Eastern Railway, Sealdah Division, it is stated that the proposal for construction of additional new Effluent Treatment Plant (ETP) of a capacity of 700 KLD has been initiated by the Sealdah Division at an estimated cost of Rs.1.69 crores. It is also stated that the work will be completed using Environment funds available with the Eastern Railway Headquarter and the work of installation of ETP is expected to be completed by 31.03.2023. We direct the Eastern Railway, Sealdah Division to ensure installation and operationality of the ETP positively by 31.03.2023. 31
30. As regards the Solar Project, it is stated that an agreement with M/s Sherisha Rooftop Solar SPV Three Pvt. Ltd. to execute 2.25 MWp capacity Solar project has been executed on 25.09.2019 to install solar panels at Rooftop of Sealdah Railway Station. It is further stated that the Sealdah Division has initiated solar projects to install roof top solar panels of capacity 50 KWp at Sealdah Station by utilization of Environment fund at an estimated cost of Rs.40.60 lakhs and such solar projects are expected to be completed by 31.03.2022.
We direct the Eastern Railway, Sealdah Division to ensure the completion and operationality of the solar project by 31.03.2022. It is also stated that the Sealdah Division has already taken the initiative and roof top Solar Panels of capacity 468.72 KWp, 120 KWp and 31.68 KWp have already been installed at Kolkata Terminal Station, Naihati Junction and RPF barrack Narkeldanga of the division.
31. As regards Material Recovery Facility, it is stated that a proposal to install and operate one Material Recovery Facility (MRF) for segregation of all type of solid waste and sending the segregated solid waste to the proper Government authorized recycler by M/s Rekert Innovation (P) Ltd. is under finalization. The waste shall be collected from the station and segregated with the help of Conveyor belt followed by compressed packaging by Bailing Machine and finally disposed off to the authorized recycler. It is also stated that all these works will be done under Unsolicited NFR (Non-fare Revenue) proposal and the Railways will also earn an annual 32 license fee every year from the proponent. This project is expected to be completed by 30.09.2022.
We direct the Railways to complete the said project positively by 30.09.2022.
32. It is also stated that two Rain Water Harvesting facilities have already been installed at the nominated places of the Sealdah Station. In addition, two other Rain Water Harvesting facilities of similar capacity of 2.5 KL each is being installed adjacent to Platform No.6 of the Sealdah Station, the work is under progress and expected to be completed by 15.12.2021. Since, this affidavit was sworn on 26.11.2021, we may assume that the work has already been completed by 15.12.2021 as proposed. However, in case it has not been completed, we direct the Railway respondent to complete this project positively by 31.03.2022.
33. It is also stated that three locations adjacent to the Sealdah Station premises have been identified for construction of rain water harvesting and the project will be completed by 31.03.2022. We direct the Railways the installation and operationality of Rain Water Harvesting Plant be completed positively by 31.03.2022.
34. Mr. Subhas Datta, applicant in person submitted that the issues raised by him in the present original application having been substantially carried out by the concerned respondents, nothing further remains in this original application for adjudication. 33
35. We, therefore, dispose of this original application with the directions already given herein above.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata January 28, 2022 Original Application No. 57/2017/EZ MN 34