National Green Tribunal
Ravi Shankar Mandal vs Ministry Of Environment Forest And ... on 27 February, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, FINANCE CENTRE
KOLKATA
(BY VIDEO CONFERENCE)
Original Application No. 19/2021/EZ
I.A No. 130/2022/EZ, I.A. No. 201/2022/EZ
I.A No. 228/2022/EZ & I.A No. 229/2022/EZ
Ravi Shankar Mandal Applicant
Versus
Union of India &Ors. Respondent(s)
Date of hearing: 27.02.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER,
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Mr. Sanjay Upadhyay, Advocate a/w
Ms. Gitanjali Sanyal, Advocate and
Mr. Kazi S. Thupden, Advocate
Respondent(s): Mr. Sibojyoti Chakraborty, Advocate for R-3
Ms. Aishwarya Rajyashree, Advocate for R-4 & 6
Mr. Surendra Kumar, Advocate for R-5
Ms. Richa Raman, Advocate for R-2,7,8 & 9,
Mr. Anoop Mehta, Advocate (in I.A. 228/2022/EZ)
ORDER
1. Grievance in this application is against operation of railway coal stockyard in the densely populated area of Rasikpur, Ward No. 1, Dumka in Jharkhand in violation of environmental norms resulting in continuing damage to the environment. According to the applicant, due consent has not been granted by the State PCB for the said yard. The proposed yard is in violation of siting criteria of 2012 laid down by CPCB and Orissa State 1 PCB which is followed by Jharkhand State PCB and which inter-alia is as follows:-
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The proposed site is to be located away from habitation and State/National Highway at a safe distance.
The proposed site is to be located atleast 1 km away from Schools, Colleges, Hospitals, Archaeological monuments, market place and other sensitive areas.
Nearest water body should be at a safe distance. Location of the stack yard should be such that there is no public inconvenience for parking or movement of vehicles."
2. It is stated that the site is within less than 100 mtrs. from habitation. CAG in its report published on 12.12.2014 has found the Railways to be non-compliant of environmental norms. In the proposed yard, there is huge potential for coal dust affecting the nearby residential area due to wind having impact on health particularly of children. Coal dust is a well-known pollutant and source of various diseases. The yard in question is being set up to help West Bengal Power Development Corporation (WBPDC). The same will start functioning after 14.01.2021. Coal from Pakur Coal Mining will be brought by road to the Dumka Railway Bengal siding and WBPDC will take the coal from coal racks to Bengal. Coal will be consumed in West Bengal thermal power plants. Establishments close to the proposed yards are St. Xavier's School, Western English School, Vidyalaya Bhawan Durgasthan, Rasikpur, Bethel Mission; Bal Bharti School, Rajkiye Polytechnic College, Dumka Engineering College, Adityanarayan Inter- College & Degree Mahavidyalaya, Dumka. The applicant has relied the upon judgment of this Tribunal dated 25.05.2016 in O.A. No. 41 of 2015/EZ titled Ashwini Kumar Dhal vs Odisha Pollution Control Board & Ors directing levy of compensation of Rs. 50 lakhs for operating railway yard without consent from the PCB for five years, to be used for 2 development of health centres and improvement of environment around the railway siding, including sanitation and supply of drinking water.
3. The Tribunal considered the matter on 07.06.2021 and issued notice to the respondents including Ministry of Railways and Jharkhand PCB who have filed their respective responses. Though WBPDC was not impleaded as party and notice was not issued to it, the Railways and the PCB have interacted with it as shown in their responses. WBPDC has also entered appearance seeking impleadment and also placing its version voluntarily.
4. The stand of State PCB in more than one affidavits is that CTE/CTO has been granted to Dumka Goods Shed. The said shed is storing and transporting stone chips but they are expanding the work for storage and transportation of coal. Distance of sensitive locations from the yard is as follows:-
Sl. No. Sensitive Points Distance Distance from criteria as per Battery point (as Board's per present Notification status) no. B-15 dated 18/10/2017
1. St. Xavier's School No siting criteria 48 meters
2. 10+2 Western English for green 64 meters School categories of
3. A.N. College-more than industries. Beyond 100 meters 100 meters
4. State Highway-18 Beyond 100 meters (Govindpur-Sahibganj)
5. Hospitals Beyond 100 meters
6. Rajkiya Polytechnic Beyond 100 meters College dumka
7. Dumka Engineering Beyond 100 meters College
8. St. Johns school Beyond 100 meters
9. Habitation (above 800 Within 100 meters no. of dwellers/160 (About 6 built house nos. houses) and 15 under construction)
10. Bethel Mission School Beyond 100 meters 3
5. The State PCB directed the Railways to stop expansion without CTE/CTO. The shed was inspected on 07.08.2021 and it was found:-
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(i) The expansion work was found under progress at the time of inspection.
(ii) No pucca road has been constructed within the unit premises for movement of trucks
(iii) The unit has not installed water sprinkler for wetting of ground.
(iv) No facilities have been provided to stop flow of water from the siding to nearby lands during rainy season.
(v) The house keeping of Railway siding was found not satisfactory.
(vi) The unit has constructed the boundary wall in discontinuous/ irregular way.
(vii) The unit has carried out tree plantation but has been found to be inadequate."
6. The State PCB issued show-cause notice dated 10.08.2021 proposing closure for the above violations. Jharkhand State PCB intends to follow the siting criteria laid down by Orissa PCB. State PCB has produced its verification report dated 30.04.2022 as follows:-
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I. Fixed type water sprinkler has not been installed in Railway Siding. But two mobile water tankers have been provided for sprinkling purpose in Railway Siding.
II. At the time of inspection, Stone chips lying on the ground were not found to be covered with tarpaulin.
III. Rain water harvesting / recharge system is not constructed. IV. A tin sheet boundary / wind breaking wall about 20 feet height and 72 feet long has been constructed near the St. Xavier's School. But this Boundary / Wind breaking wall needs to be extended as per the length of railway siding.
V. During Inspection, some trucks carrying Stone Chips in the siding were found not covered with tarpaulin.
4 VI. Garland drain with desilting pit has not been constructed along the boundary wall.
VII. Few nos. of tree saplings has been planted but not adequate."
7. Further reference is made to the meeting held with WBPDC on 18.04.2022 in which following directions were issued to WBPDC:-
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I. Carrying Capacity and Source Apportionment Study (Pre-
Monsoon) for one month time shall be carried out for Pakur and Dumka Railway Siding.
II. Existing and proposed Pollution Load Survey (24 X 7) shall be carried out for the transportation route from Mine Pit Head to Pakur and Dumka Railway Siding.
III. Existing and proposed Traffic Study (24 X 7) shall be carried out for the transportation route from Mine Pit Head to M/s Pakur and Dumka Railway Siding.
IV. The whole task as mentioned above is to be carried out by a valid QCI NABET Accredited Consulting Organization (ACO) having accreditation for the opencast Coal Mining for Category `A' Projects along with a NABL Accredited Environmental Laboratory with SO certifications. The task shall not be carried by the ACO which was engaged for the purpose of EIA & EMP preparation for grant of Environmental Clearance of the Pachwara (North) Coal Mine.
V. The agency carrying out the above task will also suggest the mitigation measures and interval of AAQ monitoring by specifying the hotspots."
8. The State PCB also levied compensation of Rs. 42 crores on Dumka Goods Shed for violation of environmental norms. The said amount was subsequently reduced to Rs. 14.40 lakhs, based on the calculation of fixed compensation of Rs. 5000 per day for 288 days. 323 rakes of stone chips were loaded by the PP during the relevant period. Permission was granted for transportation of 6 MTPA coal via road to the shed and thereafter for loading to the shed. Meeting was held for permitting transportation of coal by WBPDC on 26.07.2022 and permission was subject to the following:-
"1) That, WBPDCL shall implement the Mitigation Measures for Coal Transportation Route' the abovementioned decision as per taken 5 16/06/2022, MoM of which was issued vide Board's Ref. No. B - 1218 dated 27/06/2022 before the start of coal transportation.
2) That, Railways shall implement the Mitigation Measures to be adopted at Dumka Goods Shed as per the abovementioned 16/06/2022, MoM of which was issued vide decision taken on Board's Ref. No. B 1218 dated 27/06/2022 before the start of coal loading and unloading from Dumka Goods Shed.
3) That if the violation of any Mitigation Measures to be adopted is found at any stage then Environmental Compensation will be levied on the Unit and legal action may be initiated.
4) That, this permission issued to the Unit wil11 be reviewed on quarterly basis by the Board.
5) That, this permission shall not absolve WBPDCL from making compliance of other statutory prescribed under any law or direction of courts or any other instrument for the time being in force."
9. CTO issued to M/s Dumka Goods shed on 29.05.2022 permits loading and unloading of stone chips- 1,85,000 MT/Month and Coal 6MTPA (Million Metric Ton per Annum). CTO was granted to Dumka Goods Shed on 28.06.2022 with additional conditions as follows:-
"1) That, this CTO supersedes the previous CTO granted vide Ref No. JSPCB/RO/RNC/CTO-11434197/2022/109 Dated: 2022-05-29 from the date of issue of this Modified CTO.
2) That, the occupier shall, comply with all the conditions including installation of PM10 analyzer related to railway siding as directed vide the JSPCB letter memo no B387 dated 11.04.2019 within 2 months from the date of issuance of this CTO. If the unit is found to be non-complied with respect to these conditions as stated in the referred letter then CTO shall be revoked and fresh environmental compensation will be levied as per NGT order from the date of Issue of last CTO.
3) That, the occupier shall provide the connectivity of the PM10 analyzer with the JSPCB server and ensure the uninterrupted transfer of data to JSPCB servers.
4) That, the occupier shall comply with all the conditions laid down in CTE and CTO.
5) That, the occupier shall submit Ambient Air Quality and Noise Level Monitoring Reports within the consent period.
6) That, the occupier shall install fixed type mist/fog water sprinklers to cover all dusty place in the premises to impart water spraying during loading & unloading of materials and shall keep the siding in good operateable condition at all the times.6
7) That, the occupier shall ensure the transportation of the materials / goods by leak proof and covered vehicles with tarpaulin sheet.
8) That, the occupier shall only allow material loading and unloading from those suppliers who have valid consent to operate of the concerned State Pollution Control Board and intimate the Board Bead Quarter and Regional Office accordingly.
9) That, the occupier shall maintain a detailed record of account of material's transfer, ensure local transport by covered vehicles and longer distances by covered railway wagons and shall submit the copies of documents to concerned Board/Regional Officer & District Mining Officer every month.
1 0) That, the occupier shall keep surface run off within the premises and should construct garland drain and settling pit for this purpose.
1 1) That, the occupier shall dump the minerals at least 50 meter away from the track.
1 2) That, this CTO will be valid for the Product & Capacity - Loading and Unloading of Stone Chips - 1,85,000 MT/Month. 1 3) That, this CTO will be valid for the Product & Capacity - Loading and Unloading of Coal - 6 MTPA arising from WBPDCL Mine (Pachhwara (North) Coal Mine) only after compliance of the following Mitigation measures: -
A. Mitigation Measures to be adopted for Coal Transportation Route:
a) The WBPDCL will install the mist type water sprinklers at Alubera, Amrapara, Durgapur and Natur Pahadi and will provide the Latitude and Longitude of the same within one month and install the same within 3 months.
b) The WBPDCL will provide the Latitude and Longitude where check points will be installed in Amrapara, Mahadebpur etc. through the coal transportation route fir monitoring and surveillance of trucks and to discourage overloading within one month and install the same within 3 months.
c) The WBPDCL will provide the location of sites in consultation with JSPCB (Name of Village, Latitude and Longitude) where installation of fine nozzle mounted: mist type sprinkler for dust cleaning is proposed within one month and install the same within 3 months.
d) The WBPDCL will provide the location of sites in consultation with JSPCB (Name of Village, Latitude and Longitude) of habitations along the Coal Transportation Route where the temporary barriers (By Green net) are proposed to be erected 7 on the side of the road within one month and install the same within 3 months.
e) The WBPDCL will do three tier avenue plantations of the evergreen plants of minimum 2 meters height along the. Coal Transportation Route within 3 months.
f) The WBPDCL will provide the location of sites in consultation with JSPCB (Name of Village, Latitude and Longitude) where the Lay-by traffic system are proposed before the entry and exit points from the town / thickly populated areas for dry season within one month.
g) The WBPDCL shall develop the coal wetting facility at Pachhwara north coal mine, Alubera, Amrapara, Durgapur and Natur Pahadi for coal wetting, and integrated facility for wheel washing at the Lay-by traffic system within 1 month.
Removal of tarpaulin will delay the transportation & will not be practicable.
h) The WBPDCL will provide the location of sites in consultation with JSPCB (Name of Village, Latitude and Longitude) where the wheel washing facility with jet spray will be implemented just before entering into the highway to minimize the dust and debris in the way within one month and install the same within 3 months.
i) The WBPDCL will develop such facility at transfer points so that the height of coal-fall at transfer points shall be minimized. This facility shall be developed in 1 month.
j) The WBPDCL will provide the Latitude and Longitude of the four proposed Ambient Air Quality Monitoring Station (AW1QPV3) within one month and install the AAQMS at Mine Entry / Exit gate, Alubera, Amrapara, Dumka in the siding area. Moreover, the two other sites will be identified, in consultation with JSPCB for installation of AAQMS.
k) The WBPDCL to periodically maintain the coal transportation vehicles and roads.
l) During transportation of coal from mine all the trucks shall be covered with tarpaulin to prevent any fall down or blown away. It should be checked at the exit gate of the mine and at the lay-by area.
B. Mitigation Measures to be adopted at Dumka Goods Shed:
a) The WBPDCL will provide such facility at loading points so that the height of coal fall at loading points shall be minimized. This facility shall be developed in 3 months.
b) The WBPDCL will provide boundary wall / Wind Breaking Wall of appropriate height in consultation with JSPCB to arrest the dust emission within 3 months.8
c) The WBPDCL will install fixed type mist / fog water sprinklers to cover all dusty place in the premises within 3 months to impart water spraying during loading & unloading of materials and shall keep the siding in good operateable condition at all the times.
d) The WBPDCL will keep surface run off within the premises and should construct garland drain and settling pit for this purpose within 3 months.
1 4) That, if the violation of any conditions as mentioned in the CTO is found- then Environmental Compensation will be levied on the Unit and legal action may be initiated.
1 5) That, if the occupier is found violating the conditions of this Consent to Operate at any point of time during inspection of the siding by the competent authority, the Consent to Operate may be revoked as per provision of the Acts.
1 6) That, this CTO issued to the Unit will be reviewed on quarterly basis by the Board.
1 7) That, all other conditions of the previous CTO issued to the Unit vide Board's Re JSPCB/RO/RNC/CTO 11434197/2022/109`sea`: 2022-05-29 will remain unchanged."
10. Stand of the Railway Administration is that the shed in question has been constructed to increase goods handling capacity. On 06.08.2019, application for CTE was filed. The State PCB granted CTE and CTO valid upto 31.12.2019. Thereafter, further extension was granted till 31.12.2021. The Railways responded to the notice alleging violations and compliance report was accepted by the State PCB on 11.04.2022. Railway Administration has filed I.A No.229/2022/EZ for vacation of stay granted by the Tribunal on 24.09.2021 stating that loading/unloading of coal had started at Dumka Goods Shed on 02.09.2022 after all compliances including payment of assessed compensation.
11. WBPDC has filed I.A No. 228/2022/EZ to the effect that the coal block in question in District Pakur, Jharkhand has been allocated to it on 31.03.2015 for which it has obtained EC and has been dispatching coal from railway siding at Pakur to the extent of 9MTPA. With increased production, balance 6 MTPA is to be dispatched from another suitable 9 railway siding i.e. Dumka Goods Shed. Conditional permission for transportation of coal was granted on 27.06.2022. Transportation of coal has commenced from 01.09.2022. In a further affidavit dated 05.12.2022 it is stated that it has spent Rs. 12 crores for infrastructure of the Railway and it will adopt following further measures:
"a) The WBPDCL will provide such facility at loading points so that the height of coal fall at loading points shall be minimized. This facility shall be developed in 3 months.
b) The WBPDCL will provide Boundary Wall/Wind Breaking Wall of appropriate height in consultation with JSPCB to arrest the dust emission within 3 months.
c) The WBPDCL will install fixed type mist/fog water sprinklers to cover all dusty places in the premises within 3 months to impart water spraying during loading and unloading of materials and shall keep the siding in good operatable condition at all the times.
d) The aWBPDCL will keep surface run off within the premises and should construct garland drain and settling pit for this purpose within 3 months."
12. The WBPDC has further stated that it has been granted dealer's license by the District Magistrate. It is undertaking mitigation measures and has filed status report of implementation on 21.10.2022. 50% of work of boundary wall has been completed, water sprinklers have been installed, pacca garland work has been completed and thick plantation has been done to arrest dust propagation.
13. The applicant has filed additional documents along with I.A No. 179/2021/EZ pointing out continuing violations which are partly recorded in the show-cause notice issued by the State PCB which still remain unremedied. Compensation has been unjustifiably reduced to Rs. 14.40 lakhs. Dust generated is adversely affecting the health of inhabitants and the children studying in schools at a close distance of 48-64 mtrs. Still further documents filed by the applicant with I.A No. 201/2022/EZ are of violations in transporting stone chips without covering the trucks with 10 tarpaulin, not providing garland drain and boundary wall and inadequate plantation of tree saplings which are violations of stipulated condition of consent. Inspite of show-cause notice dated 02.05.2022 pointing out violations, expansion is going on for which a protest was organized on 02.09.2022 with intimation to Circle Officer, Dumka. Loading/unloading and transportation of coal had begun as shown by e-challan dated 02.09.2022 and also published in the media. The expansion activity includes construction of way bridge, construction of additional railway tracks without requisite consents.
14. We have heard learned Counsel for the appearing partiers and considered the factual position depicted in the respective versions of the applicant, the Railways, the State PCB and the WBPDC. Though technically WBPDC has not been impleaded, it has filed its version which we are taking into account. Since procedural flexibility is permissible, we see no difficulty in proceeding with the matter on merits.
15. Question for consideration is whether there is damage to the environment and if so what direction under section 15 of the NGT Act is required to be issued for protection of environment?
16. It is seen from the stand of the State PCB that Dumka Goods Shed is an establishment of the Railways where stone chips and coal are stored and loaded onto Railways rakes. Consent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 has been granted but conditions thereof have been seriously violated for which show cause notice for closure was issued by the State PCB and compensation mentioned above has been assessed and deposited. There is violation of siting criteria. WBPDC claims to have taken remedial measures at a cost of Rs.12 crore.
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17. There is adequate material to establish violation of siting norms and consent conditions. Mere fact that WBPDC and Railways claim to have taken remedial measures is not enough to avoid violations in the past which are still continuing to an extent. It is difficult to accept that dense plantations have happened when the situation in October, 2022 admittedly showed inadequate plantations. Further polluting activities close to sensitive locations require more serious precautions than normal conditions imposed for permitting such polluting activity. Question is who is to be held accountable and in what manner for the violations found?
18. Polluter Pays Principle is applicable in such cases which apart from being laid down inter alia in Vellore Citizens (1996) 5 SCC 647 is statutorily provided under section 20 NGT Act. Well known principles for determining compensation are extent of loss computed in monetary terms (though not always possible), cost of restoration and deterrent element having regard to financial capacity of the violators. Reference is made to MC Mehta (1987) 1 SCC 395, Sterlite (2013) 4 SCC 547, Goel Ganga (2018) 18 SCC 257. In the present case, the PCB has levied compensation on inhouse formula which does not comply with parameters laid down by the Hon'ble Supreme Court but proceeds on presumed loss per day, irrespective of nature and extent of violation, cost of restoration and financial capacity of the violators. Learned Counsel for the Applicant submits that compensation needs to be revised.
19. The record shows that there has been transportation of stone chips in 345 rakes (as per affidavit of Railways dated 31.10.2022) apart from 410 rakes of foodgrains between October 2019 to February 2022. Value of stone chips is said to be Rs. 500 per tonne and the quantity transported is 60 tones per rake which is about 20,000 tonnes. Further, quantity of coal 12 transported between September 2022 to January 2023 is about 23 lakhs MT and freight charges is said to be Rs. 1400 Crores. Calculation filed by counsel for the applicant is that value of stone chips transported is Rs. 285 Crores and value of coal transported is Rs. 937 Crores. Total turnover is more than Rs. 1200 Crores as follows:-
"I. For Ioading and unloading/handling of stone chips for 18 months (from 01.10.2019 to 31.03.2022):
As per the month wise rake loading position at the Dumka Goods Shed from 01.10.2019 to 31.03.2022 (18 months), which has been provided at Annexure C, Page 233 to 240 of the Affidavit-in-Opposition dated 13.04.2022 filed on behalf of the Railway Respondents No. 2, 7, 8 and 9, It is observed that the average number of wagons carrying stone chips has been recorded as about 41 in a day and the total number of times when loading/unloading/handling of stone chips took place between 01.10.2019 till 31.03.2022 has been recorded as 323. Thus, this amounts to a total of 13,243 (41 x 323) number of wagons carrying stone chips over the course of 18 months and an average of approximately 736 (13,243/18) wagons of stone chips per month.
Further, as per the public information shared on the website of the Indian Railways1, the capacity of a wagon is 65 ton of goods and the minimum volume of goods for loading a standard size of rake is approximately:
a) 2600 tons in case of bagged consignments to be carried in covered wagons; and
b) 3800 tons in case of loose consignments to be carried in open wagons.
In light of the above, the average tonnage is estimated as 3200 tons. Since the value of stone chips has not been specified by the Railway Respondent Nos. 2, 7, 8 and 9; the estimated value ascertained by this Hon'ble Tribunal during the course of the hearing dated 27.02.2023 is Rs. 500/- per tons, as per web sources. Therefore, the estimated turnover for stone chips per month is: No. of wagons being loaded per month (736) x Capacity of one wagon (65 tons) x Estimated value per ton (Rs. 500) = 736 x 65 tons x 500 Rs. 2,39,20,000 (approx.) per month Therefore, the total turnover for 18 months (viz from 01.10.2019 to 31.03.2022) will be = Rs. 2,39,20,000 x 18 = Rs. 43,05,60,000 II. For loading and unloading/handling of stone chips from 01.04.2022 till 01.02.2023 10 months:
1
Indian Railways Portal.13
Taking the number of wagons being loaded in the month to be 736, the turnover for the remaining 10 months from 01.04.2022 till 01.02.2023 will be = Rs. 2,39,20,000 x 10 = Rs. 23,92,00,000 III. Calculation of turnover of stone chips based on consented capacity of CTO dated 29.05.2022:
As per the CTO dated 29.05.2022, the consented capacity for handling of stone chips has been specified as 1,85,000 MT/Month i.e. 2,03,928 (approx.) tons per month (1 tonne is equal to 1.102 tons). Which means that the maximum turnover which can be generated for one month is 2,03,928 x Rs. 500 = Rs. 10,19,64,000/-
(approx.).
The same for 18+10 months will be Rs. 2,85,49,92,000.
IV. For loading and unloading of coal:
As per the last CTO dated 29.05.2022 (Refer to Pg. 473 of the Supplementary Affidavit dated 26.07.2022 filed by the Railway Respondent Nos. 2, 7, 8 and 9), the consented capacity of the loading/unloading and transportation of coal has been specified as 6,25,000 MT/Month.
Additionally, the loading/unloading of coal has admittedly begun from 02.09.2022 (as per Para 15 at Pg. 643 of the IA No. 229 of 2022 for vacation of stay order filed by the Railway Respondent Nos. 2, 7, 8 and 9). It is, however, pertinent to mention that there is no clarity as to whether the loading/unloading of coal is still taking place because the CTO dated 29.05.2022 was only valid till 31.10.2022. Further, as per the public information shared on the website of the Indian Railways2, the capacity of a wagon is 65 ton of goods. Insofar as the current price of coal per ton in India is concerned, the rates differ for the different types of coal being sold. However, on an average, this learned Tribunal accepted a minimum value as Rs. 3000 per ton during the hearing dated 27.02.2023. Therefore, considering the value of coal as Rs. 3000/ton, the estimated turnover per month has been calculated as:
Rs. 3000 (value of coal per MT) x 625000 (capacity of coal permitted to be handled per month in MT) = Rs. 1,87,50,00,000/month (approx.) Assuming that coal is continuously being transported from 02.09.2022 onwards, the total number of months till now will be 5 months. Therefore, the maximum turnover transported will be = Rs. 1,87,50,00,000/month x 5 = Rs 93,37,50,00,000.
V. Conclusion:
For Stone Chips:
2
Indian Railways Portal
14
The total turnover for transportation of Stone Chips for 18 + 10 months (from 01.10.2019 to 31.03.2022 & from 01.04.2022, till 01.02.2023) = Rs. 43,05,60,000 + Rs. 23,92,00,000 = Rs.
66,97,60,000 The maximum turnover for stone chips for the said 18 + 10 months is = Rs. 2,85,49,92,000 For Coal:
The total maximum turnover for transportation of Coal as per the consent capacity, (assuming that the transportation has continued till date -- viz. 5 months) =Rs. 9,37,50,00,000. As it is unknown as o how many rakes/wagons of Coal have actually been transported from 02.09. 022 onward the actual estimate of turnover generated cannot be calculated."
20. Having regard to the above data and providing all margins for errors, on most conservative estimate liability for damage to environment is determined at Rs. 10 Crores to be utilised for remedial measures by statutory regulators, associating all stake holders, including the Railways owning the stock yard, the operator of the stock yard and users including the WBPDS.
21. Accordingly, in view of our finding that damage to environment has taken place by ignoring the siting norms and also by failing to take all precautions and not complying with the laid down conditions for thick plantations and other safeguards, compensation be deposited in the first instance by the Railways within two months with liberty to recover the same from the users of the stock yard. If payment is not made, the consents granted may be cancelled and stock yard may not be allowed to be operated. The amount may be deposited with the Stated PCB and utilized for restoration measures by a joint Committee headed by ACS, Environment, Jharkhand, with other members being PCCF, Jharkhand, nominee of CPCB, District Magistrate, Dumka and nominees of Railways and WBPDC. The Committee may prepare a plan for restoration measures and manner of execution. Remedial measures may be executed within six 15 months. The remedial measures will include dense green belt, installation of dust suppression devices including water sprinklers, construction of garland drains and setting pits, building of wind breaking wall, making paved ways/roads and setting up monitoring stations. District Environment Plan be also considered. Besides, the action plan may include addressing public grievances and improvement of environmental aesthetics around the Rasikpur area to nullify effect of loading/unloading.
22. A status report about compliance of this order be filed by e-mail with the Registrar, EZB by June 22, 2023. If found necessary, he may place the matter before the Bench.
Subject to above, the application is disposed of. All pending IAs will also stand disposed of.
A copy of this order be forwarded to the Chief Secretary, Jharkhand, ACS, Environment, Jharkhand, PCCF, Jharkhand, Railways and WBPDC by email for compliance.
Adarsh Kumar Goel, CP B. Amit Sthalekar, JM Prof. A. Senthil Vel, EM February 27, 2023 Original Application No. 19/2021/EZ I.A No. 130/2022/EZ I.A. No. 201/2022/EZ I.A No. 228/2022/EZ I.A No. 229/2022/EZ AB 16