National Green Tribunal
Avinash Kumar Singh vs State Of U.P. & Ors on 22 August, 2024
Item No.09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 429/2023
(I.A. No. 249/2024)
Avinash Kumar Singh Applicant
Versus
State of U.P. & Ors. Respondent(s)
Date of hearing: 22.08.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondent: Mr. Gi. Gi. C. George, Advocate for Railways
Mr. Arvind Kumar and Ms. Shashi Kiran, Advocate for UPPCB (through
VC)
ORDER
1. This Original Application (hereinafter referred to as 'O.A') has been registered under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act,2010') in exercise of suo-moto jurisdiction on a letter petition dated 11.03.2023 sent by Kanoon Pidit Nyay Manch through its Secretary Avinash Kumar Singh.
2. The complaint is about water, air and noise pollution caused by loading and unloading of clinker at Railway Goods Yard situated near Deoria Sadar Railway Station.
3. The complainant has said that Railway Goods Yard is now surrounded by thickly populated area. Many establishment of public utility like medical college, district hospital, primary school and 1 intermediate colleges are situated within a radius of 2 to 3 kilometers from the Railway Goods Yard. Thousands tons of cement, chemical fertilizers, grains and other goods are loaded and unloaded everyday at the said yard. It results in severe air pollution due to loading and unloading activities of the goods, causing serious health hazards to the local residents. Request has been made by the complainant that Railway Goods Yard be directed to be shifted to any other place.
4. Tribunal being prima facie satisfied that substantial question relating to environment has arisen out of the implementation of enactments specified in schedule 1 to NGT Act, 2010, found it appropriate to verify the facts and for this purpose constituted a Joint Committee comprising UP Pollution Control Board (hereinafter referred to as 'UPPCB'), Divisional Railway Manager, Northern Railway, Varanasi (hereinafter referred to as 'DRM, NR') and District Magistrate, Deoria.
5. The committee was required to submit its factual report within one month.
6. Pursuant thereto, Joint Committee submitted report dated 09.10.2023 and its observations are as under:-
"
1. That the O.A. No. 429/2023 is related to pollution at and around Railway Goods Siding, Deoria. In the course of loading and unloading of Cement, Fertilizers Grains and other bagged compound, it is on trucks from Railway Wagon which causes air pollution and ultimately causing respiratory problems to the habitants of nearby residential area mainly Ram Gulam Tola, Distt- Deoria which is situated after the Northern Boundary Wall of Railway Goods Siding, Deoria.
2. That the Railway Goods Siding No. 6 & 7 is situated in the South Direction and North Direction of Garudpar Colony, Near Deoria Sader Railway Station. At a distance of approximately 05-06 meters.
2Railway Siding No. 07 is nearest to the Garudpar Colony. Any shed has not been made by Railway Loading and Unloading of Cement, Fertilizers Grains and other bagged compound. For the movement of trucks pucca road/floor has been made by Railways towards Railway Siding No.06 & 07. Garudpar Colony is a nearest residential colony from Railway Siding no. 07. Mohalla Ram Gulam Tola is situated from Railway Siding no. 07 is approximately 50 to 60 meters.
3. As per the information provided by the Rail Department of Deoria Railway Siding, average 48 rakes has been received at above said Railway Siding in the year of 2022/2023. Photograph of the details enclosed as annexure no. 01. Approximately 90 to 100 trucks are required for loading and unloading of per Rake Goods. Hence vehicular congation are found near the Railway Siding No. 06 & 07. Photograph enclosed as annexure no 02.
4. That the during inspection it was found that height of Southern Boundary Wall has been maintained approximately 06 feet from ground level towards Garudpar Colony. But 02 & 03 story houses situated/developed near the railway siding no. 06 & 07. Photograph enclosed as annexure no. 03.
5. That the no plantation has been made/developed along the Southern Boundary Wall of Railway Goods Siding no 06 & 07. Photograph annexed as annexure no.04.
6. That the any permanent arrangement has not been made for sprinkling of water on floor/road of Railway Goods Siding No. 06 & 07 used for loading/unloading and transportation of railway assigned goods. Only temporary water sprinkling through water tanker is done by Railway.
7. That the any Covered/Open shed has not been made by Railways for Railway Siding No. 06 & 07 and No any storage godowns made near Railway Siding No. 06 & 07.
8. That the arrangement made by Railways for control of air pollution at Railway Goods Siding. Deoria is not sufficient for controlling the air pollution arising due to loading and unloading of commodities and movement of vehicles. For control of fugitive emission from loading and unloading of commodities covered shed with central ducting system equipped with bag filter an stack of suitable height is required. Fugitive emission escaped from the said air pollution control arrangement may be mitigated from permanent sprinkling arrangement which shall be installed near the boundary wall located towards Garudpar Colony Siding in no. 06 & 07.
39. That the ambient air quality near Railway Goods Siding Office situated at siding No. 06 which was using for loading/unloading of cement, at the time of inspection was monitored by Regional Office, UPPCB, Gorakhpur on dated 06.10.2023 As per monitoring report value of R.S.P.M. was found 174 microgram/m3 which is beyond the stipulated Norms. The above concentration of the R.S.P.M found at Siding No. 06 & 07 may be much more in dry or hot weathers, because before 02 days of the above ambient monitoring date, raining was occurred/happened in Deoria City. Copy of ambient air monitoring report dated. 06.10.2023 is annexed as annexure no.05.
10. During the inspection loading/unloading work of cement and fertilizer in trucks from rakes are found under process. Due to that dust emission from loading/unloading of goods and movement of the trucks or found at the Siding No. 06 & 07. Photograph enclosed as annexure no. 06. 11. That the ambient air quality at Ram Gulam Tola which is Residential area of the complainant Sri Avinash Kumar Singh was also try to monitored but due to failure of electrical supply from Hydle Department, monitoring work has not be possible to done at the time of Joint Inspection.
11. That the as per office records of U.P.P.CB., Gorakhpur Railways Goods Siding, Deoria has applying for obtaining consent to operate under section 21/22 of Air (Prevention of Control of Pollution). Act 1981 and its amendments and under section 25/26 of Water (Prevention of Control of Pollution), Act 1974 and its amendments, a conditional consent order has been issued by vide letter no. 183183/UPPCB/ Gorakhpur (UPPCBRO)/CTO/Both/Deoria/2023, dated 27.04.2023 valid up to 31.12.2027.Copy of the Consent order is enclosed as annexure no 7.
12. As per the above inspection it is clear that Railway Siding (Goodshed) Deoria has found partially complying the condition of the above CTO issued by the U.P.P.C.B., Gorakhpur dated 27.04.2023. Keeping the above facts, a notice letter has been sent to Railway Siding Deoria for compliance of the conditions imposed in the consent issued dated 27.07.2023. Copy of the notice 'letter is enclosed as annexure no. 8
13. As per the information provided by Joint Committee Member Sri Prashant Kumar, ACM, Varanasi, Divisions, Railway has proposed one more an alternate goodshed siding at Ahilyapur situated approximately 06 kilometer away from the present Railway Siding Deoria which will reduce the load of the Deoria Goodshed. Copy of the proposal sent to the railway board is enclosed as annexure no.9."
47. Response dated 16.01.2024 was submitted by Chief Environmental Officer, Circle-6, UPPCB, wherein it has relied on Joint Committees report dated 09.10.2023 However, it is further stated that a show cause notice dated 09.10.2023 was issued in the light of the violations noted by the Joint Committee, and, thereafter, final order was passed by UPPCB on 15.01.2023 imposing environmental compensation of Rs. 600000/-upon Railway Goods Siding, Deoria Sadar for violations submitted during the period of 06.10.2023 to 22.11.2023.
8. Senior Divisional Commercial Manager, North Eastern Railway, Varanasi has submitted response/report dated 13.03.2024 stating that Deoria Goodd Shed is more than 100 years old and redeveloped recently.
It is the epicenter District which facilitates availability of important goods like wheat, rice, fertilizer and cement to the district. Fertilizer supply is an important concern for farmers of the district during peak seaso, and Deoria Goods Shed provides a logistical hub for the same. In the last one year, 152 rakes of fertilizer and food grains were unloaded, which is approximately 3.94 lakh tonnes. For food security of the region, this Good Shed proves to be an important link where many rakes of Food Corporation of India are unloaded and sent to different godowns. In the year 2022-23, 42 food rakes were unloaded which constitutes about 1.25 lakh tons of food grains. The Goods Shed is a center point of economy of Deoria district, which has no other railway Goods Shed other than this.
The Goods Shed provides gainful wages to 350 labourers on a daily basis, who are totally dependent on the said Goods Shed for their livelihood. It is further said that the Goods Shed is best in the division and one of the best of the zones in terms of environmental compliance. There is an endeavour to improve the same with regard to various aspects including, 5 plantation, restriction on vehicular movement, construction of Pakka road etc. Steps taken for improvement on various aspects are mentioned as under:-
"The goods shed is best in the division and one of the best of the zones in terms of environmental compliances and it is the endeavor of the division to continue to improve the same.
2. Current Current Plantation: In Deoria Goods shed 129 trees already exist. As can be seen from the attached photographs, these are big banyan trees and are placed near boundary (photo attached in annexure I). These 129 trees exist towards boundary of siding no 06. As can be seen from the satellite images, the tree coverage acts as a green barrier for siding number 6. As can be seen in photo attached in annexure 1, even around the office spaces, plantation has been done.
3. On going Plantation: - New plantation: 67 plants planted towards south of siding 6 and 7. Creeper plants (Madhu Malti) 50 are being planted. 150 more plants will be planted in due course of time and will be maintained. So that they achieve full growth and help in mitigation (Google Map of the same attached in annexure II).
4. A new "approach": A new approach road has been proposed which will connect the Deoria goods shed to LC No.128A. This will steer away trucks from the city area. The trucks would go directly from the Goods shed to National highway (Google Map of the same attached in annexure III). The same is in the proposal stage in the division.
9. Restriction on truck movement by district administration:
District administration has disallowed movements of trucks from 07:00 AM to 09:00 PM (with a window of 2 hrs. from 12:00 to 14:00) This restricted movement of trucks also keeps the pollution in check.
10. Pucca Road in Goods shed: The whole goods shed has concrete/pucca road/ wharf of about 18 meters (photo attached in annexure IV), As can be seen from the photographs attached, when compared to other goods sheds, Deoria Goods shed boast a very wide and well maintained pucca road (wharf) which helps in reducing dust from vehicular movements
11. Feasibility of Covered Shed: Cover shed is not feasible as unloading happens directly from wagon to trucks, covered shed would hinder the movement of trucks and would in fact increases the movement of trucks.
612. Wall Height: Wall height which is currently 7.5 feet is being made 10 feet using asbestos sheets along with creeper plant. (photo attached in annexure VI.
13. Sprinkling: Temporary sprinkling being done with multiple water tankers after every unloading/loading of rakes (photo attached in annexure VI). Permanent sprinkler would also be installed in due course of time.
To summarize, it is to be humbly submitted that Railways administration is committed to make its goods shed compliant with all environmental precautions. The movement of goods is a reality of economy as well a human welfare. In absence of a goods shed, the district would solely depend upon road transport for fulfilling the same requirement. One rake of goods train replaces 80 trucks from the road. Train movement, especially with about 94% electrification, mostly, is happening via electric engines which are far more environmental friendly than trucks which use diesel. Various studies have proven that Railways is more environmental than road transport. Considering all the facts about Deoria, the 100-year-old goods shed which is redeveloped recently, all the steps that Railways has taken and proposing to take in near future, as listed above, it is humbly requested to consider the case in light of the above."
14. An additional report dated 22.05.2024 was submitted by Senior Divisional Commercial Manager, North Eastern Railway, Varanasi wherein remedial measures taken by Railway Authorities to control water, air and noise pollution caused by loading and unloading of clinker at Railway Goods Shed at Deoria are detailed as under:-
"Remedial measures taken by Railway's to control Water, Air and Noise pollution caused by loading and unloading of clinker at Railway Goods shed situated near Deoria Sadar Railway Station:-
1. Plantation :- In Deoria Goods shed 129 trees already exists apart from that approximately 100 plants towards south siding has been planted (photo attached in annexure I). Creeper plants (Madhu Malti) are also planted on boundary wall. In future, regular plantation would be regularly carried out. A mechanism is being developed to ensure that plants survive and become full grown trees with regular watering and maintenance whereby Railway and other staff will give monthly report regarding the condition and progress of trees (discussed in detail in point 9) 7
2. Raising of boundary walls :- Southern boundary wall towards Garudpar Colony has now been raised up to 10 feet. Creeper plants have been planted near the boundary wall for mitigating the pollution (photo attached in annexure II).
3. Sprinkling of water on floor/road of Railway Goods siding:-
Permanent arrangements has been made for sprinkling of water on floor/road of Railway Goods siding after every loading/unloading of consignment (photo attached in annexure III). Sprinkling is done through multiple tankers which are permanently situated there.
4. Creeper plant: - Approximately 60 Creeper plants (Madhu Malti) are planted on boundary wall (photo attached in annexure IV). 40 more plants will be planted in due course of time.
5. Construction of Pucca Road:-The whole goods shed has concrete/pucca road/ wharf of about 18 meters (photo attached in annexure v), when compared to other goods sheds, Deoria Goods shed boast a very wide and well maintained pucca road (wharf) which helps in reducing dust from vehicular movements.
6. Feasibility of covered shed :-There is no need to construct covered goods shed because Goods are dispatched various location soon after loading/unloading the wagons. Similarly, consignments are directly loaded in the wagons from the vehicles carrying them. Covered Goods shed would hinder the movement of trucks and would in fact increases the movement of trucks.
7. Restriction imposed by local administration :- At presently district administration has disallowed movements of trucks/heavy vehicles from 07:00 AM to 09:00 PM. This restriction helps in reduce the pollution in Deoria Sadar.
8. Proposal for World class Goods shed Siding at Ahilyapur :-
Ahilyapur Railway station is situated approximately 6 KM away from present Deoria Sadar Railway siding. The work for development of Ahilyapur goods siding is under process of approval in railway board. In BSB division, the same has been chosen as one of the goods shed for developing as world class goods shed in which Scope of work, GAD(General arrangements of drawing) & Master plan has been approved/finalized by the Division. This will decongest the traffic of Deoria Sadar goods shed.
9. Monthly Reporting: For continuous supervision of all the steps mentioned above, Goods Supervisor Office at DEOS is being nominated to give a Monthly report in form of a checklist. This 8 checklist will include details of condition of plantation and its progress, condition of boundary walls, whether sprinkling was done after every loading and unloading or not, condition of Creeper plant and condition of pucca road. If any deficiencies found, immediate actions would be taken for its rectification. In order to monitor the quality of air on daily basis near Goods Shed, necessary technical equipment will be arranged in due course of time."
15. The above material and reports were considered by the Tribunal on 28.05.2024.
16. In the course of the argument, it was pointed out by the Learner Counsel appearing for Railways that it is proposing to take further steps for arresting air and noise pollution and steps in this regard shall be taken within a month. Consequently, as requested by Learnd Counsel, time was granted to submit further report within two months.
17. Pursuant to order dated 28.05.2024, a second additional compliance report dated 17.08.2024 has been filed stating that for improving air quality and mitigating pollution at Deoria Good Siding, Railway has taken steps towards following aspects and successfully implemented the same.
"• Permanent Water Sprinkler System: To efficiently control air pollution, a permanent water sprinkling pipe plant has been strategically installed at Deoria Goods Siding (photo attached in annexure - I). This modern facility is equipped with state-of-the- art sprinkling system that sprays water on the wharf of Deoria Goods Siding to reduce dust pollution and maintain optimum environmental conditions. The plant operates seamlessly and ensures that water is sprayed after every loading/unloading of goods thereby reducing air pollution and promoting environmental sustainability in the goods siding. This supplements the water sprinkling being done through water tanker.
• Air Quality Monitoring Machine: An air quality monitoring machine has been installed at the goods shed to provide real-time data on environmental conditions and ensure compliance with air quality standards (photo attached in annexure - II). This advanced 9 device continuously measures key pollutants, including particulate matter (PM2.5 and PM10) offering critical insights into the shed's air quality (report attached in annexure- III).
3. Status of Other Works All other environmental control and operational measures previously reported remain in effect. These include regular maintenance and operation of existing dust control systems such as existing plantation, new plantation and its regular maintenance, boundary walls, pucca road (wharf). Goods supervisor of Deoria has been directed to send a monthly report (Green Report) regarding the condition and progress of these green measures. This has been done to institutionalize pollution control measures and to ensure its continuance.
4. Impact and Benefits The installation of the permanent water sprinkler system and the air quality monitoring machine is expected to significantly enhance the effectiveness of dust control measures at the goods siding. The sprinkler system will provide consistent dust suppression, while the air quality monitoring machine will offer valuable data to ensure air quality is maintained. The impact can be seen with the report of air quality monitoring machine (report attached in annexure- III). It is humbly submitted that the Railway administration is committed to make Deoria Goods shed compliant with all guidelines and environmental precautions and continuously work towards the same."
18. Learned counsel, Mr. Gi. Gi. C. George, Advocate appearing for Railways, stated that all possible steps have been taken by the Railways to mitigate air pollution in the area concerned.
19. We also find apparently that steps have been taken by Railways to mitigate air pollution in the area concerned. However, to verify the facts stated by Railways, we direct Regional Officer, UPPCB of the concerned area to verify the facts, visit the site and if it finds that any further improvement is required, issue necessary directions to the Railway which shall be complied by dRailway within the time allowed by the Authorities of UPPCB.
1020. Such inspection for verification of facts shall be conducted by concerned Regional Officer of UPPCB within one month from today and if any direction for further improvement is required, the same shall be issued to Railways which shall be complied by it in the next two months.
21. A compliance report within 15 days after expiry of three months shall be submitted by UPPCB with the Registrar General of this Tribunal, who, if finds any further order, necessary, may place the matter before the Bench.
22. With the above direction/observation, this Original Application is disposed of.
23. I.A. No. 249/2024 is also disposed of accordingly.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM August 22, 2024 Original Application No. 429/2023 (I.A. No. 249/2024) AB 11