National Green Tribunal
Asgar Ahmad Najar vs Ministry Of Environment Forest And ... on 18 November, 2024
Item No. 11 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 706/2022
( IA NO 260/2022 )
ASGAR AHMAD NAJAR Applicant
Versus
Ministry of Environment Forest
and Climate Change Respondent(s)
Date of hearing: 18.11.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rahul Proxy Counsel for Mr. Amit Jain, Counsel for Applicant
(through VC)
Respondents: Mr. Debarshi Bhadra, Advocate for Respondent No. 7
Mr. Vijay Nair and Mr. Karan Rajpurohit, Advocates for Respondent No. 8
Mr. Ghansham Singh, Member Secretary JKPCC (through VC)
ORDER
1. The applicants have filed present application under Section 18 of National Green Tribunal Act, 2010 read with Rule 8 of National Green Tribunal (Practice and Procedure) Rules, 2011 with the prayer inter alia for directing respondent no. 2 to cancel NOC granted to respondent 8 and directing respondents 7 and 8 to immediately stop discharging of waste material over the land of applicant and Pathway, School and install proper water disposal mechanism.
2. The applicant has submitted that respondent 8, under the aegis of respondent 7, has installed a Benching Plant (Cement concrete USBRL 1 Project T-77 D, Tunnel) in the mid of residential area at Village Channar, Bankoot, District Ramban, Jammu and Kashmir. The respondent 8 is continuously emitting highly toxic chemicals, which is causing huge damage to the flora and fauna including agricultural land and fruit bearing trees in the adjoining area. Respondent 7 is continuously discharging waste material over the land of applicants, pathways, streets which makes the land unfit for cultivation and causes blockage to the public way and routes of Alam Shah Convent School, Adnam Academy Banihal and the Anganwadi Centre. Due to tunnel work and explosions conducted by respondents 7 and 8, the houses of the applicants and other inhabitants got cracks in their walls because of dangerous vibrations.
3. Tribunal issued notices to respondents 2, 4, 7 and 8 requiring them to file their responses vide order dated 28.09.2022. It also constituted a Joint Committee to verify factual position and submit report. Joint Committee report dated 15.12.2022 was filed giving factual position as under:-
"2.1. Verification and Factual Report of the Joint Committee:
The matter was examined by the Joint Committee from Environmental angle and as directed by Hon'ble National Creen Tribunal, point-wise factual report prepared based on the physical verification and record made available to the Joint Committee, is submitted as follows:
S. Grievance of the Applicant Verification and Factual Report of No. as filed in the OA No. 706 of the Joint Committee as on 2022, by the applicant. l6/11/2022 along with suggested remedial measures.
1. The benching plant installed by The settling tank for settling the solid the respondent No. 7 and 8 has inorganic waste has been provided, for no water disposal mechanism primary treatment of in place and all the waste waste water generating from the material generated from the batching plant as on 16/11/2022.
Unit is being discharged over However, the examination of record the land of the applicant.
provided by Divisional Office of JKPCC, 2 indicates that the facility for primary treatment of the waste water generated have been inadequate in the past upto 16/8/2022 (Letter No.PCC/DO/Rbn/2022/66 dated 21/7/2022 attached as Annexure-3 and Letter No, PCC/RD-J/2022/1288/2830-32 dated 16/8/2022 attached asAnnexure-4), thereby confirming that the pre-
treatment/sedimentation tank of batching plant was of inadequate size and also project proponent was non-complaint before 16/8/2022 and the tunnel waste water without any proper treatment, was being discharged into the nearby drain (concrete lined except pathways/ /crossing points), leading lo agriculture land. The physical condition of the land as verified by the Joint Committee also indicated the same (Photograph-1 of Annexure-6).
J&K PCC is required to take action for non- compliance of the terms & conditions of the Consent to Operate (CTO) and the directions given to the project proponent.
2. The waste water also flows During visit to the site, this point was through the pathways streets verified by the Joint Committee make it difficult for the public to (Photograph 2 & 3 of Annexure-6) walk on the streets as wells as and to avoid this problem, either ramps also makes hindrance for the or closed pipes are required to transport the waste water at the points where school going children.
waste water is crossing the pathways/crossing points.
3. The respondent No. 7 and 8 It was observed by the Joint Committee have not made any proper way that the to handle the chemicals and steel 3 fibre, slash etc and the water water accumulated in the tunnel under from the tunnel (de- reference is muddy/slushy due to the construction activities winterization).
and movement of vehicles engaged in the construction activities in the main tunnel, and is pumped outside through tunnel T-77A and discharged on down slope natural drainage passing through one side of the village into the Bishleri Nallah.
In this regard, the record shared by the concerned Divisional Office of JKPCC indicates that this site was previously visited by JKPCC team and it was found that the water from de-watering of the tunnel and is discharged into the small nallah/ drain which passes through the nearby village (Letter No. PCC/DO/Rbnl2022/66 dated 21/7/2022 attached asAnnexure-3).
Subsequently, a letter was also issued by JKPCC to the project proponent asking them to construct settling tanks of adequate sizes outside the face of the tunnel and at the batching plant so that slush etc is settled and removed at regular intervals (Letter No, PCC/RD-J 12022/ 128812830-32 dated 16/8/2022 attached as Annexure-4).
During the verification of the factual position by the Joint Committee, it was observed that while the project proponent has provided the settling tank for the batching plant (Photograph- 4 of Annexure-6), no arrangement/ settling tanks have been provided for the muddy water coming out of the tunnel as on 16/112022 and the muddy water is still going in the nearby nallah/drain and also on the pathways/crossing points being used by villagers (Photograph-5 of Annexure-6), leading 4 to the village pathways and the land in the village Chanar Bankoot Village, Tehsil Banihal, District Ramba (Photogruph-6of Annerure-6). Therefore, it may be concluded that the project proponent is yet to comply with the directions/advice of J&KPCC to prevent damage to the public health and soil environment.
J&K PCC is required to take action for non- compliance of the directions issued to Project Proponent so that the tunnel work is performed with the compliance of prescribed norms/directions of J&K PCC.
4. The illegal activities of It was observed by the Joint Committee Respondent No.7 &8 have that the resulted in creation of a huge village Chanar Bankoot, tunnel T-77 A dumping ground which can fall and batching plant are at lower anytime and may cause elevation than the existing Tatnihal- damage Banihal road maintained by IRCON International Ltd. The project proponent to the whole village.
has constructed an approach road in the acquired land towards batching plant and tunnel T-77Aby dumping the muck at the junction for the purpose of widening it so that the construction vehicles can easily reach the site.
However, al the same time, as apprehended by the applicant, it is true that if it slides due to any reason, this may cause damage on down slopes since proper retaining wall is not provided by the project proponent so for (Photograph-7 of Annexure-6.
Therefore, a retaining structure such as gabions/crate wall to retain the muck dumped for construction of approach rood on upper side of the village is needed badly to avoid any untoward 5 incident, leading lo loss of property or life.
"
4. Joint Committee report also made some observations in respect of other aspects, as under:-
"2.2. Other Observations made by the Joint Committee:
1. lt was informed by the representative of the Project Proponent that the Project Proponent namely M/s ABCI Infrastructure Ltd is at present executing the construction of balance work for Tunnel T-77D (Km 146.60 to 148.36 approx.) awarded by IRCON INTERNATIONAL Ltd. on Katra-Banihal section of Udhampur-
Srinagar-Baramula Rail Link (USBRL) project. Due to the change in alignment of the railway tunnel/route, the already constructed tunnel (T-77 A) near village Bankoot is to be plugged permanently after completion of the realigned tunnel work which is nearing its completion stage and may take about 06 months more for its completion. The tunnel (T-77A) near the village Chanar, Bankoot is used for transportation of men and material by the project proponent and another construction company namely M/s Beigh Construction Company which has also been awarded work (in 373 ml length) inside main tunnel upto kapran bridge towards katra.
2. As per condition of CTO granted by JKPCC to the batching plant, the Project Proponent is required to apply for renewal of consent 60 days in advance before expiry of the consent order. However, the examination of the records indicates that it remained operational without valid consent to operate for 35 days.
3. The project proponent is required to collect and store the empty cement bags properly and dispose off the same through supplier or vendor, to avoid contributing towards particulate emissions.
4. With regard to the use of toxic chemicals, it was observed that project proponent is using only commonly used concrete additives to improve the setting time of the concrete."
5. Joint Committee also has referred to reports obtained from some other departments like District Mineral Officer, Chief Animal Husbandry Officer, District Sheep Husbandry Officer, Sheep Development Officer, Chief Horticulture Officer, Sub- Divisional Magistrate and Chief 6 Agriculture Officer and factual reports by these Departments reads as under:-
"2.3.1. Feedback from District Mineral Officer, Ramban (Annexure-7):
The dumped material in the form of Tunnel muck/road cutting muck has been found on the site as il has been noticed that the said material has been dumped by M/s. ABCL Infrastructure Pvt. Ltd to widen the sharp curve at the junction of link road leading to batching plant of ABCL and Old aligned Railway Tunnel T-77A for the smooth and easy movement of vehicles on the sharp curve as there is no huge dumping found on the ground as reported by the complainant at site. The crate stone wall and the old aligned Railway tunnel T-77A also found at the base of site in question as protection.
The report of the Mineral Officer was examined by the Joint Committee and it was observed that no feedback with regard to the adequacy of the protection provided to the muck dumped by the proponent and the additional measures required, lo avoid any untoward incident leading to loss of proper and life, have been provided.
Therefore, a revisit to the report is required by the Mining Officer in the interest of public properly and precious life of inhabitants.
2.3.2. Feedback from Chief Animal Husbandry Officer, Ramban (Annexure-8):
No livestock farmer of the area has reported death of any animal (Bovine) in the area due to pollution of drinking water since last two years. Also, no such incident has been seen by the field staff of Animal Husbandry Department, Ramban, during field inspections and visits since long.
2.3.3. Feedback from District Sheep Husbandry Officer, Ramban (Annexure-9):
No resident/breeder of the area has reported death of any animal (Sheep/Goat) in the area due to pollution of drinking water of animals since last two years. Also, no such incident has been seen by the field staff of Sheep Husbandry Department, Ramban, during field inspections and visits since long.
2,3.4. Feedback from Sheep Development Officer, Ramban (Annexure-10):
Neither anybody (Breeder/Resident) of the said area reported to this office regarding death of Sheep and Goat in large numbers due to 7 drinking of Cement-mix water nor this office has observed it during our routine field inspections.
2.3.5. Feedback from Chief Horticulture Officer, Ramban (Annexure-11):
The catchment area at Chanar Bankoot, Banihal has been visited along with HDO Banihal and observed that there is no considerable affect damage to the horticulture plantations.
It was observed by the Joint Committee that report of the Chief Horticulture Officer does not speak anything about the land under reference, which was found to be occupied/Jilled with silt/mud and therefore nothing could be concluded from the report of the Chief Horticulture Officer, A revisit to the report with relevant data of the yield of horticulture crops before and after installation of batching plant is required, to conclude the matter.
2.3.6. Feedback from Sub Divisional Magistrate, Banihal (Annexure-12):
The applicant namely Asgar Ahmed Najar is having land measuring 9 Marlas falling under Khasra No. 111 & 112 in Village Bankoot and recorded in the name of his father Ghulam Mohd as per revenue records. Regarding emitting of toxic chemicals, it was observed that muddy water found coming from one abandoned tunnel of Northern Railway located at said location. This muddy water flows through one pucca drain leading to the agriculture land of local inhabitants and finally into Bichleri River.
During spot visit, some cracks were found in the walls of applicant's house and other inhabitants residing in locality. Cause of these cracks needs lo be ascertained that whether these cracks are result of blasting or due to some construction fault.
Pucca Pathway of mound 25-30 m was found in dilapidated condition leading to nearby locality. Further, one pucca drainage found reportedly constructed by concessionaire of IRCON. Muddy water emanating from abandoned tunnel flowing through the drainage found entering in land of applicant and other inhabitants near the tail end of this pucca drainage.
The said dumping is protected by Gabion Structures but there is apprehension that this dumping may slide down as it is done on the downhill side.
The above facts reported by the SDM, Banihal is similar to what has been reported by the Joint Committee. It may be noted that SDM, Banihal was part of the Joint Committee during the sile visit as a representative of the Deputy Commissioner, Ramban.8
2.3.7. Feedback from Chief Agriculture Officer, Ramban (Annexure-13):
A team of Agriculture Officers of Zone Banihal visited the spot on 08- 12-2022 and reported vide letter no. AEO/B/2022-23/78 Dated: 08- 12-2022 that an area of I -1 .5 acre of Paddy land has been damaged due to the effluents coming from the construction site of Railway Tunnel by ABCI.
The above Factual Report is being filed in compliance to the directions of Hon'ble National Green Tribunal."
6. Reply dated 03.12.2022 has been filed vide email dated 05.12.2022 by respondent 8 i.e. M/s ABCI Infrastructure Private Limited and stand taken by it reads as under:-
i. The Answering Respondent is a private limited Company engaged in construction and development works, which includes works of National and State Highways, Major & Minor Bridges of all kinds, Tunnels, Power Houses, Industrial Complexes, Buildings, etc. The Respondent No. 7, i.e., IRCON International Limited is a wholly owned subsidiary of the Indian Railways, Ministry of Railways, Government of India ('IRCON') and is also the principal employer of the Answering Respondent in the context of the project in question.
ii. On 05.07.2019, IRCON floated e-tender for construction of balance work for Tunnel T-77D on the western side of Bichelri River on Katra Banihal Section of Udhampur- Srinagar-Baramulla Railway Line Project ("USBRL Project"). The Answering Respondent was the successful bidder and was therefore, awarded the tender for the USBRL Project. In regard to the above, IRCON issued a letter of acceptance dated 18.12.2019 in favour of the Answering Respondent. Copy of Letter of Acceptance dated 18.12.2019 is annexed hereto and marked as Annexure R-8/2.
iii. It is submitted that the Northern Railways and IRCON have taken up the Project of USBRL since, the year 2000 for linking of Udhampur Srinagar Baramulla Railway Line for connecting the Union Territory of Jammu & Kashmir with the rest of country. In this regard, lands were acquired by the Northern Railways and from the year 2000, several projects had been accomplished in this line of USBRL. All the necessary acquisitions, NOC's, Environmental Monitoring, Geological Surveys, Construction Consultation with DDC, 9 Compensation for the land acquisition and damages, if any, recorded thereof had been taken care of properly.
iv. Moreover, before initiating the work at the Project site, the Answering Respondent during the year 2020-2021 obtained all necessary approvals, permissions, sanctions from the government authorities, local bodies including local residents of the areas nearby the USBRL Project site, including the Applicant. It is submitted that in addition to the NoC's of various authorities, the Answering Respondent also applied and received permissions/ sanctions from the 'Jammu Kashmir Pollution Control Board', i.e., the Respondent No. 2. It is submitted that vide letter dated 08.02.2021, the Respondent No. 2 granted permission, i.e., Consent to Establish the 'Batching Plant' (Cement Concrete).
Furthermore, the Consent to Operate was also renewed timely on 26.03.2021 and 18.04.2022. Copy of Letter granting Consent to Establish dated 08.02.2021, and Consent to Operate dated 26.03.2021 and 18.04.2022 are annexed hereto and marked as Annexure R-8/3 (Colly.).
v. That only upon getting all necessary permissions, sanctions and approvals, the Answering Respondent installed the Batching Plant on the land acquired by the Northern Railways for the purpose of execution of Tunnel T-77D, i.e., Udhampur-Srinagar-Baramulla Railway Line Project, which is of national importance. Copy of the Maps and the land details are annexed hereto and marked as Annexure R-8/4.
vi. It is pertinent to mention that the Applicant and his brothers have been causing regular nuisance at the project site. The Answering Respondent had also filed a police complaint on 26.02.2021 to the SHO, Banihal Police Station, District Ramban, Jammu & Kashmir in this regard. In fact, even on the date of filing of the police complaint, the Applicant and his brothers entered the project site and stopped work at South Portal Office near the Batching Plat area. Copy of Police Complaint dated 26.02.2021 is annexed hereto and marked as Annexure R-8/5 vii. It is pertinent to mention that the USBRL Project has benefitted locals at large, as most of the workers including contractors and sub-contractors are employed from the nearby areas of the project site. It is pertinent to mention that even the Applicant herein was employed at the said Project, who supplied vehicle on a monthly hire-charges basis and also executed some miscellaneous works in the capacity of sub-contractor of the Answering Respondent. It is submitted 10 that vide work order dated 15.11.2021, the Answering Respondent awarded work to the Applicant for construction of cement store sheds at south portal chanar at T77D Bankoot-Banihal and other miscellaneous works Copies of the work order issued by the Answering Respondent and the Account Statement of the Applicant in the books of the Answering Respondent are annexed hereto and marked as Annexure R-8/6 (Colly.).
viii. In addition to the above, three brothers of the Applicant were also employed with the Answering Respondent. The details are mentioned below;
S. Name Designation Date of End date of
No. Appointment Service
1 Aijaz Ahmed NajarBatching 01-05-2021 02-09-2022
Plant
Attendant
2 Manzoor Ahmed Driver 16-11-2020 15-03-2022
Najar
3 Javeed Ahmed Driver HMV 05-04-2021 02-07-2022
Najar
Copy of joining report and wages register are annexed hereto and marked as Annexure R-8/7 (Colly.).
ix. While being in contractual employment with the Answering Respondent, the Applicant and his brothers on various occasions caused hinderances in the execution of the Project work by forcibly closing batching plant and dewatering at South Portal. Moreover, the Applicant and his brothers had not just stopped the work at the Project site, but also made unnecessary demands and blackmailed the officials of the Answering Respondent. Being aggrieved by the illegal acts and actions of the Applicant and his brothers, the Answering Respondent also approached the principal employer i.e., IRCON vide letter dated 27.06.2022. Copy of Letter dated 27.06.2022 addressed to 'IRCON' is annexed hereto and marked as Annexure R-8/8.
x. That when the Applicant and his brothers continued harassing the officials of the Answering Respondent and caused nuisance at the Project site, the Answering Respondent being left with no other option approached the 'Munsif Court' at Banihal on 29.06.2022 and filed a Civil Suit for permanent prohibitory injunction alongwith an application under Order XXXIX Rule 1 & 2 CPC, against the Applicant. It is pertinent to mention that the 'Munsif Court' at Banihal while considering the application of the Answering Respondent, vide order dated 23.07.2022 directed the non- applicants i.e., the Applicant herein and his brothers to 11 refrain themselves from interfering, trespassing in the construction of Railway Tunnel at T-77D, Bankoot Tehsil, Banihal District, Ramban. Copy of order dated 23.07.2022 passed by 'Munsif Court' along with its true typed copy is annexed hereto and marked as Annexure R-8/9 (Colly.).
xi. It is apposite to mention that on 08.07.2022, the Applicant along with his brothers once again trespassed the project site and forcibly closed the batching plant and stopped dewatering, which caused considerable damage to the ongoing tunnelling work. Therefore, the Answering Respondent once again sought intervention of its principal employer i.e. IRCON, vide letter dated 08.07.2022 and requested for their assistance for smoothly carrying out the work at T-77 D Tunnel. Copy of Letter dated 08.07.2022 addressed to IRCON is annexed hereto and marked as Annexure R-8/10.
xii. In the aforesaid background, the Answering Respondent is placing reliance on the 'No Objection' letter dated 06.07.2021, signed by the local residents of Village Chanar Bankoot including their Sarpanch for Operating Temporary Batching Plant. It is pertinent to note here that Applicant is signatory to the said 'No Objection' letter dated 06.07.2021. It is submitted that not just the local residents of the area situated near the Project site, but also various other local bodies, authorities such as i.) Block Medial Office, Banihal, ii.) Block Development Officer, Banihal, iii.) Office of Chief Education Officer, Ramban, iv.) Chief Medical Officer, Ramban, v.) Office of Range Officer, Forest Range, Banihal, vi.) Office of Zonal Education Officer, Banihal; etc. have granted the NoC's for temporary establishment and operation of Batching Plant at the Project site. Copy of NoC's are annexed hereto and marked as Annexure R-8/11 (Colly.).
xiii. That the principal employer of the Answering Respondent, i.e., IRCON also wrote letters dated 18.05.2022 and 28.06.2022 to the office of the Superintendent of Police, District Police Office, Ramban Dist., Ramban for taking action against the Applicant and his brothers for causing regular hinderance in execution of work at Project site. Copy of Letter dated 28.06.2022 addressed by IRCON to Superintendent of Police, Banihal is annexed herewith and marked as Annexure R-8/12 (Colly.)."
127. Allegations made by complainant have been denied by respondent 5.
Tribunal considered report on 10.02.2023 and observed that area in Himalaya falls in fragile ecology and therefore compliance and action taken report should be submitted by Joint Committee.
8. Respondent 8 filed objection to Joint Committee report dated 15.12.2022 vide objections dated 08.02.2023. We may refer to these objections at a later stage.
9. District Magistrate, Ramban, pursuant to order dated 10.02.2023 has submitted action taken report dated 13.04.2023, in the form of a chart, which reads as under:-
S. Recommendation of Action Taken
No. Committee
1 The report of the Mineral Officer The District Mineral Officer,
was examined by the Joint Ramban, has revisited the site
Committee and it was observed and reported vide his office
that no feedback with regard to letter No. R/NGT/2023-24/04.
the adequacy of the protection DMO- dated 04.04.2023, which
provided to the muck dumped by reveals that the retaining
the proponent and the additional wall/Crate wall provided at the
measures required, to avoid any base of Muck Dump above old
untoward incident leading to loss aligned Railway tunnel is
of property and life, have been sufficient to hold the dump
provided. Therefore, a revisit to muck at site (copy is enclosed
the report is required by the as Annexure-"I") for kind
Mining Officer in the interest of perusal.
public property and precious life
of inhabitants.
2 It was observed by the Joint The Chief Horticulture Officer,
Committee that report of the Ramban, has submitted a
Chief Horticulture Officer does clarification report vide his
not speak anything about the office letter No.
land under reference, which was CHO/Rbn/Dev/36, dated
found to be occupied/filled with 11.04.2023, which reveals that
silt/mud and therefore nothing no damage, has been caused to
could be concluded from the the horticulture plantations to
report of the Chief Horticulture the land in question (copy is
Officer. A revisit to the report with enclosed as Annexure-"II") for relevant data of the yield of kind perusal. horticulture crops before and after installation of hatching plant is required, to conclude the matter.
133 During spot visit, some cracks The matter was taken up with were found in the walls of the Chief General Manager, applicant's house and other IRCON INTERNATIONAL Ltd, inhabitants residing in locality. Banihal, in response, he has Cause of these cracks needs to be reported that the geo-tagging of ascertained that whether these the structures falling along the cracks are result of blasting or alignment of T-77D was carried due to some construction fault. out in the year 2020 and none of the structures in the Channar area fall within the ambit of 125mts and do not qualify for damage compensation as agreed upon by Northern Railway on the demands. projected by the locals of the area which has also been shared with this office vide No. DCE/C/BAHL/IRCON/T- 77D, dated 07.09.2017 (copies are enclosed as Annexure-"III") kind perusal.
4 A team of Agriculture Officers of The Chief Agriculture Officer, Zone Banihal visited the spot on Ramban, has assessed the 08-12-2022 and reported vide compensation to the tune of Rs. letter No. AEO/B/2022-23/78, 69084/- on account of damage dated 08-12-2022, that an area to the crops (copy enclosed as of 1-1.5 acre of Paddy land has Annexure-"IV"). Accordingly, been damaged due to the this office vide communication effluents coming from the No. DCR/ARA/2023-24/10, construction site of Railway dated 12.04.2023, issued Tunnel by ABCI. directions to the Project Manager, ABCI Infrastructure Pvt. Ltd. to deposit the aforesaid amount in the office of Sub-Divisional Magistrate, Banihal, for further course of action (copy is enclosed as Annexure- "V") for kind perusal.
10. Further action taken report has been filed by Jammu Kashmir Pollution Control Committee, Jammu, (hereinafter referred to as 'JKPCC') vide letter dated 17.04.2023. It says as under:-
2) Action Taken by Jammu and Kashmir Pollution Control Committee w.r.t the findings/suggestions of the Joint Committee :-
a) The Regional Director, Pollution Control Committee, Jammu has submitted a detailed report w.r.t the Action Taken by J&K Pollution Control Committee, whereby the project proponent M/s ABCI Infrastructure Ltd. has been made to 14 comply to the remedial. measures suggested by the Joint Committee as under:-
i) The Project proponent has provided a three chambered sedimentation tank existing / provided near the batching plant for primary treatment of the waste water generated by washing of the plant.
ii) Empty cement bags are stored in separate closed shed.
iii) Pucca drain on down slope drainage passing through one side of the village stands provided which was not there in place earlier.
iv) A Gabion wall has also been provided now to retain the muck along the bottom of the dump in the railway acquired land, photograph enclosed as Annexure-1.
b) Consent to Operate (Renewal) granted in favour of the batching plant stands expired in the month of February, 2023 and renewal application of same is under process, which shall be considered by the J&K Pollution Control Committee only on the outcome of this present Ο.Α."
11. The Joint Committee has submitted its point wise factual position to recommendations made by Joint Committee vide letter dated 17.04.2023 and the same reads as under:-
S.No. Grievance of the Recommendations of the Factual Position as Applicant as filed in Joint Committee in its on 31.03.2023, as OA No. 706 of 2022, report dated 15.12.2022 verified by the Joint by the applicant. Committee.
1 The benching plant The settling tank for settling Non-Compliant with installed by the the solid inorganic waste has regard to tunnel respondent No. 7 and been provided, for primary waste water 8 has no water treatment of waste water discharge.
disposal mechanism generating from the batching in place and all the plant as on 16llll2022. A sedimentation tank waste material However, the examination of comprising of 03 generated from the record provided by Divisional chambers for the Unit is being Office of JKPCC, indicates treatment of muddy discharged over the that the facility for primary water coming out of land of the applicant. treatment of the waste water the tunnel T-77A, was generated have been found constructed inadequate in the past upto near the northern 161812022 (Letter No. face of the tunnel but PCC/DO/Rbnl2l22l66 dated without any 2l/712022 attached as arrangement for Annexure-3 and Letter No, settling/removal of PC C/RD-J/2022 I | 288 I the mud/slush. The 283 0 -32 dated 161812022 unsettled tunnel attached as Annexure-4), muddy water was still thereby confirming that the being discharged into pretreatment/sedimentation drain on down slope tank of batching plant was of passing through one inadequate size and also side of the village, 15 project proponent was non- through a pipe complaint before l6/8/2022 connected at the and the tunnel waste water bottom of without any Proper Sedimentation tank.
treatment, was being (Photograph I 2 & 3 of discharged into the nearby Annexure-I) drain (concrete lined except pathways/crossing points), It was also leading to agriculture land. recommended earlier The physical condition of the by the Joint land as verified by the Joint Committee that "J&K Committee also indicated the PCC is required to some (Photograph-I of take action for non- Annexure-6). J&K PCC is compliance of the required to take action for terms & conditions of non-compliance of the terms the Consent to & conditions of the Consent Operate (CTO and the to Operate (CTO) and the directions given to the directions given to the project project proponent"
proponent As per DO, PCC Ramban, the consent to operate (renewal) under Green Category issued to the batching plant by J&K PCC was already valid upto February, 2023(Annexure-2) when the Joint Committee earlier visited the site on 16.11.2023 and the project proponent has also applied for its further renewal and the case is under process.
According to the
member representing
J&K PCC, a separate
"Action Taken report"
is being filed by J&K
PCC to Hon'ble NGT,
in this regard.
2 The waste water also During visit to the site, this Complied with.
flows through the point was verified by the
pathways streets Joint Committee It was verified by the
make it difficult for (Photograph2&3 of Joint Committee that
the public to walk on Annexure-6) and to avoid the project proponent
the streets as wells this problem, either ramps or has provided pucca
as also makes closed pipes are required to drain (on down slope
hindrance for the transport the waste water at natural drainage
school going the points where waste water passing through one
children. is crossing the side of the village).
pathways/crossing points. Further, the concrete
rumps over the
pathways/crossing
points over drain have
also been
16
provided(Photograph
4 & 5 of Annexure-3)
3 The respondent No. 7 It was observed by the Joint Non-Compliant with
and 8 have not made Committee that the water regard to tunnel
any proper way to accumulated in the tunnel waste water
handle the chemicals under reference is discharge.
and steel fibre, slash muddy/slushy due to the etc and the water construction activities and (the non- compliance from the tunnel (de movement of vehicles as already mentioned winterization). engaged in the construction at S.No. I above) activities in the main tunnel, and is pumped outside A sedimentation tank through tunnel T-77 A and comprising of 03 discharged on down slope chambers for the natural drainage passing treatment of muddy through one side of the water coming out of village into the Bishleri the tunnel T-774, was Nallah. found constructed In this regard, the record near the northern shared by the concerned face of the tunnel but Divisional Office of JKPCC without any indicates that I this site was arrangement for previously visited I I UV settling/removal of JKPCC team and it was I I the mud/slush. The found that the water from unsettled tunnel dewatering of the tunnel and muddy water was still is discharged into the small being discharged into nallah/ drain which passes drain on down slope through the nearby village passing through one (Letter No. side of the village, PCC/DO/Rbn/2022/66 through a Pipe dated 211712022 attached connected at the as Annexure-3). bottom of Subsequently, a Letter was Sedimentation tank. also issued by JKPCC to the (Photograph I 2 & 3 of project proponent asking Annexure-l) them to construct settling According to the tanks of adequate sizes member representing outside the face of the tunnel J&K PCC, a separate and at the batching plant so "Action Taken report"
that slush etc is settled and is being filed by J&K removed at regular intervals ( PCC to Hon'ble NGT, Letter No, with regard to non-
PCC/RDI/2022/128812830- compliance of the 32 dated 16/8/2022 directions issued by attached as Annexure-4). J&K PCC in this During the verification of the regard.
factual position by the Joint
Committee, it was observed
that while the project
proponent has provided the
settling tank for the batching
plant (Photograph-4 of
Annexure-6 ). arrangement/
settling tanks have been
provided for the muddy water
coming out of the tunnel as
on 16/11/2022 and the
muddy water is still going in
the nearby nallah/drain and
also on the
pathways/crossing points
17
being used by villagers
(Photograph-Sof Annexure-
6), leading to the village
pathways and the land in the
village ChanarBankoot
Village, Tehsil Banihal.
District Ramba (Photograph-
6of Annexure-6). Therefore, it
may be concluded that the
project proponent is yet 10
comply with the
directions/advice of J&KPCC
to prevent damage to the
public health and soil
environment. J&K PCC is
required to take action for
non-compliance of the
directions issued to Project
Proponent so that the tunnel
work is performed with the
compliance of prescribed
norms/directions of J&K
PCC.
4 The illegal activities It was observed by the Joint Complied with, but
of Committee that the village further action
RespondentNo.T&8 Chanar Bankoot, tunnel T- required.
have resulted in 77 A and batching plant are
creation of a huge at lower elevation than the It was verified by the
dumping ground existing Tatnihal-Banihal Joint Committee that
which can fall road maintained by IRCON A gabion wall has
anytime and may International Ltd. The Project provided to retain the
cause damage to the proponent has constructed muck along the
whole village an approach road in the bottom of the dump in
acquired land towards the railway acquired
batching plant and tunnel T- land (Photograph 6 of
77A by dumping the muck at Annexure-4).
the junction for the purpose
of widening it so that the However, it was
construction vehicles can observed that a small
easily reach the site. portion of the soil has
started sliding down
However, at the same time, just below the gabion
as apprehended by the wall provided by the
applicant, it is true that if it Proponent near
slides due to any reason, this Northern face of
may cause damage on down tunnel (Photograph 7
slopes since proper retaining of Annexure-4). It is
wall is not provided by the recommended that
project proponent so far (P ho slop stability is
to graph- 7 of Annexure - 6. ensured by the
proponent, before
Therefore, a retaining leaving the site.
structure such as
gabions/crate wall to retain
the muck dumped for
construction of approach
rood on upper side of the
village is needed badly to
avoid any untoward incident,
18
leading to loss of property or
life.
12. Above report recommends that apart from providing compensation for loss of crop, remediation of agricultural land damaged as verified by Agriculture Officer is to be restored to its original condition by Proponent under the supervision of concerned Agriculture Officer. This report has also been objected by Respondent 8 vide objection dated 13.05.2023.
13. By order dated 17.05.2023, Tribunal required District Magistrate, Ramban and Member Secretary, JKPCC to take remedial measures in accordance with Joint Committee Report. District Magistrate thus submitted action taken report vide email dated 12.08.2023, stating as under:-
S.No. Recommendation of Committee Action Taken 1 The report of the Mineral Officer On the directions of the Hon'ble Court was examined by the Joint District Mineral Officer, Ramban, Committee and it was observed revisited the site and submitted a that nо feedback with regard to report vide his office letter No. DMO-
the adequacy of the protection R/NGT/2023-24/04, dated provided to the muck dumped by 04.04.2023, which reveals that the the proponent and the additional retaining /crate wall constructed at the measures required, to avoid any base of Muck Dump above old aligned untoward incident leading to loss Railway Tunnel is sufficient to hold the of property and life, have been dumped muck at the site for kind provided. Therefore, a revisit to perusal. The undersigned, along with the report is required by the concerned stakeholder officers, visited Mining Officer in the interest the site and found that the protection public property and precious life wall is strong enough to hold back the of inhabitants. muck at the site. In order to further protection, a concrete wall outside the abandoned Tunnel T-77S has also been constructed. The undersigned, during his spot visit, also witnessed the newly constructed drain which shall safeguard the residential houses from torrential rains/ downpours. The undersigned also met the complainant, who expressed his satisfaction over the measures taken by the District Administration Ramban on the directions of the Hon'ble NGT. The undersigned also issued directions to IRCON International Ltd & the Project Proponent to clear the debris outside the portal of the abandoned Tunnel T-
1977, to safeguard the interests of the residents living down below, The Project Proponent has already carried out the instructions issued in the matter.
2 It was observed by the Joint The Chief Horticulture Officer, Committee that report the Chief Ramban, has submitted a clarification Horticulture Officer does anything report vide his office letter No. land under which was found be CHO/Rbn/Dev/36, dated 11.04.2023, occupied/filled with silt/mud and which reveals that no damage, has therefore of not speak about the been caused to the horticulture reference, to nothing could be plantations to the land in question. concluded from the report of the Chief Horticulture Officer. A revisit to the report with relevant data of the yield of horticulture crops before and after installation of hatching plant is required, to conclude the matter.
3 During spot visit, some cracks The matter was taken up with the Chief were found in the walls of General Manager, IRCON International applicant's and other inhabitants Ltd, Banihal. In response, he has residing in locality. Cause of these reported that the geo-tagging of the cracks needs to be ascertained structures falling along the alignment that whether these cracks are of T-77D was carried out in the year result of blasting or due to some 2020 and none of the structures in construction fault. Channar area fall within the ambit of 125mts and do not qualify for damage compensation as agreed upon by Northern Railway on the demands projected by the locals of the area which has also been shared with this office vide No. DCE/C/BAHL/IRCON/T-77D, dated 07.09.2017.
4 A team of Agriculture Officers of Chief Agriculture Officer, Ramban, has Zone Banihal visited the spot on assessed the compensation to the tune 08.12.2022 and reported vide of Rs. 69084/- on account of damage letter No. AEOQ/B/2022-23/78, to the crops. Accordingly, this office dated 08-12-2022, that an area of vide communication No. 1-1.5 acre of Paddy land has been DCR/ARA/2023-24/10, dated damaged due to the effluents 12.04.2023, issued directions to coming from the construction site Project Manager, ABCI Infrastructure of Railway Tunnel by ABCI. Pvt. Ltd. to deposit the aforesaid amount in the office of Sub Divisional Magistrate, Banihal, for further course of action. Pursuant upon above, ABCI Infrastructure Pvt Ltd deposited an amount of Rs.69,084 with SDM Banihal as crop compensation.
However, SDM Banihal vide communication No.SDMB/2023- 24/390, dated 24.07.2023, has communicated that the land for which Rs.69,0874 has been deposited with him by the Project Proponent is State land and cannot be disbursed in favour of the complainant. He has sought further instructions from the office of the undersigned. Consequent upon above, the matter has been taken up with the office of worthy Divisional 20 Commissioner, Jammu, for instructions/ advice on the issue. As and when the instructions are issued, further action shall be taken in the matter and Hon'ble Court informed accordingly. Further, following the site visit on 11.08.2023, Chief Agriculture Officer, Ramban, made spot visit of the aforementioned land pocket. He has vide his communication No.CC/CAO/Rbn/2023-24/2111-12, dated 12.08.2023, submitted an estimate to the tune of Rs,2,93,394/-
for taking up works for restoration of aforesaid land to its original form.
Following the receipt of the estimate, ABCI Infrastructure Pvt Limited was vide No.DCR/ARA/2023-24/243-45, dated 12.08.2023, to deposit the said amount for restoration of land to its original form. In deference to the directions received, ABCI Infrastructure Pvt Ltd, vide No.ABCI/IRCON/J&K/NGT/2023- 24/389, dated 12.08.2023, has deposited an amount of Rs.2,93,394/-
with the office of Sub Divisional Magistrate, Banihal.
14. Member Secretary, JKPCC had also submitted action taken report referring to Joint Committee Report stating as under:-
"2. Report of the Joint Committee:
In compliance to the directions of Hon'ble NGT, the joint committee comprising of Shri Zaheer Abbas, Sub Divisional Magistrate (SDM), Banihal (representative of Deputy Magistrate, Ramban), Dr. Narender Sharma, Additional Director, CPCB Chandigarh (Representative of CPCB, New Delhi) and Shri Sanjay Rathore, Divisional Officer, PCC Ramban (Representative of J&KPCC) visited the site on 20.07.2023, the date fixed for conducting joint visit by Deputy Commissioner, Ramban vide his office communication no. DCR/ARA/2023-24/202-09 dated 14.07.2023. The applicant accompanied by other inhabitants of village Chanar, Bankoot and the representatives of the project proponent were associated and were also present during the visit of site.
The point-wise factual position regarding the compliance to the recommendations made in the earlier reports of the joint committee by the respondent no. 8-project proponent vis-à-vis to 21 the objections filed by the project proponent is submitted as follows in Table 1 Table 1: point-wise factual position regarding the compliance to the recommendations made in the earlier report of the joint committee by the respondent no. 8-project proponent vis-à-vis to the objections filed as on 20.07.2023.
S.No Verification and Point-wise response Verification and factual
factual Report of cum objection and Report of Joint Committee as
Joint Committee clarification of the on 20.07.2023
as on 31.03.2023, Project Proponent
observations and
recommendations
thereof
1 Non-Compliant with a. Observation of the It was earlier reported by the
regard to tunnel joint Committee to the Joint Committee in its report
waste Discharge. A extent that there is dated 17.4.2023 as follows:
sedimentation tank 'non-compliance' with
comprising of 03 regard to tunnel A sedimentation tank
chambers for the waste water discharge comprising of 03 chambers for
treatment of muddy is completely flawed, the treatment of muddy water
water coming out of miscalculated, coming out of the tunnel T- 77A,
the tunnel T-77A, erroneous and was found constructed near the
was found inaccurate foe the northern face of the tunnel but
constructed near following reasons; i) It without arrangement
the northern face of is not in dispute, that settling/removal of any for the
the tunnel but the Project Proponent mud/slush. The unsettled
without any has made proper tunnel muddy water was still
arrangement for arrangements by being discharged into drain on
settling/removal of constructing a down slope passing through one
the mud/slush. The Sedimentation Tank side of the village. through pipe
unsettled tunnel having 03 chambers, connected at the bottom of
muddy water was as per the sedimentation Tank The Joint
still being recommendations of Committee revisited all the geo-
discharged into the earlier factual tagged photographs taken from
drain on down slope report of the Joint various directions, during
passing through Committee, However earlier visit to re-verify the facts
one side of the it is wrongly alleged w.r.t. objections raised by the
village, through that the unsettled project proponent. The Joint
pipe connected at tunnel muddy water Committee with utmost
the bottom of is being discharged responsibility submits that this
sedimentation Tank into the drain through is an attempt by the Project
a pipe connected at Proponent to misrepresent and
the bottom of mislead the investigations.
sedimentation tank. There only and only one pipe
ii) It is clarified that and that too connected at the
there is no case of bottom of the settling tank
'non-compliance' as leading to the discharge of waste
the Joint Committee water containing silt onto the
has wrongly observed agriculture land without any
or misconducted that treatment of waste water. Geo-
the flush pipe was tagged Photographs of the
main flow pipe which settling tank showing pipe
is at the top of the connected at the bottom of
tank. ln fact, the pipe sedimentation tank taken by the
connected at the Joint Committee on 31.03.2023
bottom of the are enclosed as Annexure-I,
Sedimentation Tank which clearly indicate the
is meant for the factual position and nullifies the
22
purpose of flushing objections raised by the project
the slush at the proponent, in this regard
designated area on Further, the evidence in this
the acquired land of regard was also provided by the
the northern railways Applicant during the visit on
and the pipeline at 20/7/2023, in the form of i)
the top of the tank is photographs showing bursting
used to discharge the of tank when the settling tank
water after was first put into . operation
completion of the with overflow pipe as Annexure-
Sedimentation 2. ii) Letter written by the process. iiD It is applicant to the District further clarified that authority, with regard to the photograph filled bursting of the tank and safety by the joint of the inhabitants (Annexure-3). Committee with its This further confirms that the report and enclosed settling tank was never operated as Annexure- ! At by the proponent and waste running page 147 has water containing silt/mud was been clicked from discharged into the village another angle which throughout the implementation shows both the flush of the project.
and flow pipes
separately which were Current status:
present even at the During the recent visit, it was
time of the observed that the Tunnel
construction. Hence, waste/seepage water from the
there Is no case of main tunnel has been diverted
'non-compliance'. towards the Jammu end by
Colored photographs laying the drain inside the main
showing clear tunnel T-77D and nothing was
placement of flush diverted through the abandoned
and flow pipes are tunnel T-77A.
annexed herewith An intimation letter in this
and marked as regard vide No.
Annexure R{46(Copy). IRCON/1014/J&K/14/1014/T-
iv) Even otherwise, 77D dated 6.04.2023 from
the tunneling work is IRCON International Ltd also
progressing towards stands submitted to Dy.
completion and the Commissioner Ramban. (Copy
flow of water is Enclosed Annexure-4).
already moved to the
opening of the tunnel
i.e. towards Jammu
end and water line of
Tunnel T 77D is
permanently plugged,
whilst ensuring that
no de-watering is
done towards village
i.e. Chanar side. In
this regard, proper
intimation has been
given to IRCON i.e.
Respondent No.07.
Copy of Letter dated
06.04.2023 issued to
IRCON is annexed
herewith and marked
as Annexure R- 8/37.
v.) Furthermore
IRCON vide letter
23
dated 06.04.2023
informed
Dy.Commissioner,
Ramban that the
Project Proponent has
permanently
channelized the water
flow towards the
Jammu end and
temporary water line
of Tunnel T-77D is
permanently plugged,
whilst ensuring that
no dewatering will be
done towards Chanar
end. Copy of Lefter
dated 06.04.2023
issued by IRCON to
Dy. Commissioner
Ramban is annexed
herewith and marked
as Annexure R-8/38.
2 Non-Complaint with Observation of the Same as above.
regard to tunnel Joint committee to
waste water. A the extent that there
sedimentation tank is 'non-compliance'
comprising of 03 with regard to tunnel
chambers for the waste water discharge
treatment of waste is completely flawed,
water was found, miscalculated,
but without any erroneous and
arrangements for inaccurate for the
still being following reasons. In
discharges into response to
drain. Objections at S.No 3
of the table, the
response/ objections
mentioned at S.No. 1
of this table may be
read as part and
parcel in response to
the present
paragraph, contents
thereof are not
repeated for the sake
of brevity.
3 It was observed that During the recent inspection, it
a small portion of was has been observed that the
the soil has. started proponent has constructed a
sliding down just PCC retaining wall near the
below the gabion Northern face of the tunnel in
wall provided by the about 20M length and 3.0 M
proponent near above ground in height.
Northern face of
tunnel (Photograph Annexure-5)
(Photographs 7 of enclosed as
the Annexure-4 of
previous report
enclosed as
Annexure-III).
4 It is recommended First and foremost, it The Joint Committee reconfirms
that apart from is clarified that the that the amount Rs 69,084/- so
24
providing the compensation deposited is only compensation
compensation for assessed by the Chief assessed for the damaged crop
the loss of crop, the Agriculture officer, which does not include the cost
remediation of the Ramban i.e. an for remediation of the
agriculture land amount of Rs agriculture land to restore to its
damaged as verified 69084/- (Rs sixty original condition as
by the Agriculture nine thousand and recommended by the Joint
Officer, is to restore eighty four only) is Committee. This is again an
to its original qua remediation of attempt by the Project
condition by the the land only and the Proponent to mislead the
Proponent under said amount has investigation by wrong
the supervision of already been interpretation and
concerned deposited by the misrepresentation of the fact.
Agriculture Officer project proponent. It This fact can be validated
of the area. is submitted that the Annexure-IV) Project Proponent
said land is acquired to Chief Agriculture Officer,
by Government as per Ramban vide nо
revenue records. ABCI/IRCON/J&K/CA/2023-
Copy of revenue 24/588 dated 15.06.2023
records showing the (Annexure-6) requesting to
ownership of the said advice that whether the
agriculture land restoration of the agriculture
annexed herewith land be carried out by project
and marked as proponent or the amount of
Annexure R-8/41 restoration be deposited in the
(enclosed as office of CAO/or any other office
Annexure-IV) as advised with the sum of
amount to be deposited. Current
Status: As per the letter of ABCI
International Pvt Ltd vide Ref.
nо.
ABCI/IRCON/J&K/CA/2023-
24/380 dated 21.07.2023, an
amount of Rs 69,084/- has been
deposited vide RTGS- Reference:
FBBT232027470731/Sub
Divisional Magistrate in the
Account No. CD-621 (copy
enclosed as Annexure-7).
The assessment of the cost of
damage and work on the
remediation of damaged
agriculture land were yet to be
done, when the Joint Committee
visited site on 20/7/2023.
However, as informed by the
Nodal Officer representing J&K
PCC on 12/8/2023: The cost of
restoration of the agriculture
land, damaged due to discharge
of untreated waste water has
now been assessed by the
District Agriculture (Annexure-
8), Officer Rs. as 293394/- and
the project proponent has
deposited this amount, as well
on 12.8.2023(Annexure-9),
under the directions of Deputy
Commissioner. As far as the
issue of title of the land is
concerned, the report of same is
25
being filed by the District
Magistrate separately.
15. It further states that Joint Committee during its recent visit verified compliance of recommendations by respondent 8 as follows:-
1. Construction of the pucca drain passing through one side of the village (natural drainage on down slope).
2. Laying of concrete ramps over the pathways/crossing points over the drain.
3. Construction of settling tank for the muddy water coming out of the abandoned Tunnel T-77A but the same was not made into use when the joint Committee visited the site on 31.3.2023.
However, the settling tank was found dismantled and the tunnel seepage water is now permanently diverted through the main tunnel T-77D since 6.4.2023 and no water found diverted through the abandoned tunnel and village drain.
4. A gabion wall provided to retain the muck dumped along the bottom of the dump in the railway acquired land.
5. Store for empty cement bags provided.
6. Construction of PCC retaining wall for slope stability outside face of the abandoned tunnel T-77A where a small portion of the soil was found sliding down in previous visit on 31.3.2023 just below the gabion wall provided by the project proponent in a length of about 20 M and 3 M in height above ground.
7. Deposited an amount of Rs 69,084/- as annual damages assessed by the Chief Agriculture Officer. Ramban for the crops Rabi & Kharif in office of the Sub Divisional Magistrate, Banihal.
8. The cost of restoration of the agriculture land, damaged due to discharge of untreated waste water has now been assessed by the District Agriculture Officer, as Rs. 293394/-= and the project proponent has deposited this amount, as well, under the directions of Deputy Commissioner
9. The remediation work utilizing the amount deposited by the project proponent to the District Administration is yet to be started."
2616. Matter was considered by Tribunal on 10.11.2023 and a further action taken report taking remedial measures was required to be submitted.
17. Pursuant thereto, Member Secretary, JKPCC has submitted its report dated 12.01.2024 stating as under:-
S.No Recommendations of the Status of the compliances done by Joint Committee during the Project Proponent to the visits to the site. recommendations of Joint Committee.
1 Visit dated 16.11 .2022 As already reported, pucca/concrete Ramps or closed pipes are drain passing through one side of the required to transport the waste village (natural drainage on down water at the points where slope) has been constructed by the waste water is crossing the project proponent and concrete ramps pathways/crossing points. have been laid over the pathways/crossings points of the village over the drain as per the recommendations of the Joint Committee. (Photograph of drain is annexed as Annexure-I) 2 Visit dated 16.I 1.2022 The main tunnel T- 77D (now To construct settling tank of renamed as T-55) seepage water (clean adequate size outside the face water as the construction activities of the tunnel so that the slush inside the main tunnel are completed) etc is settled and removed at has been permanently diverted regular intervals. towards the Jammu end through concrete deep drain laid inside the main tunnel and nothing is diverted through the abandoned tunnel T77 A/Village drain. Moreover, the work on the main tunnel has been completed and the trial runs of the train also done through it between Banihal and Khari stations.
3 Visit dated 16.11 .2022 As already reported, a gabion wall to A retaining structure such as retain the muck dumped for the gabions/crate wall to retain the construction of approach road muck dumped for construction towards tunnel T-77A has been of approach road on upper side provided by the project proponent of the village is needed badly to along the bottom of the dump in the avoid any untoward incident, railway acquired land as per the leading to loss of property or recommendations of the Joint life. Committee and was found intact (Photograph is annexed as Annexure-
Il) 4 The project proponent is Store for empty cement bags already required to collect and store provided. It was observed that the the empty cement bags operation of the batching plant has properly and dispose off the been stopped and the dismantling of same through supplier or same has been started. The vendor, to avoid contributing underground sedimentation tank of towards particulate emissions the batching plant has been closed and filled with debris/muck due to 27 completion of the project work.(Photographs is annexed as Annexure- III) 5 Visit dated 31.3.2023 As already reported, a PCC retaining It was observed that a small wall in about 20 M length and 3.0 M portion of the soil has started above ground in height has been sliding down just below the constructed to avoid sliding of the soil gabion wall provided by the near the Northern face of the proponent near Northern face abandoned tunnel T-77 A by the of tunnel T77A. It was project proponent as per the recommended that slope recommendations of the Joint stability is ensured by the Committee. (Photograph is annexed as proponent before leaving the Annexure IV A) site.
6 It was recommended that apart The project proponent has already from providing the deposited an amount Rs 69,084/- as compensation for the loss of annual damages assessed by the Chief crop, the remediation of the Agriculture Officer, Ramban for the agriculture land damaged as crops Rabi &Kharif and has also verified by the Agriculture deposited an amount of Rs 2,93,3941- Officer, to restore to its original as the cost of restoration of the condition by the Proponent agriculture land, damaged due to under the supervision of discharge of untreated waste water as concerned Agriculture Officer assessed by the Chief Agriculture of the area. Officer, Ramban with the office of Sub Divisional Magistrate, Banihal as per the directions of District Magistrate, Ramban. The remediation work utilizing the amount is yet to be started.
7 On spot verbal instructions The project proponent has removed were issued by the District the construction debris lying in front Magistrate, Ramban during his of the tunnel T-77A and has also visit to the site on l1 .8.2023 to submitted latest photograph of the remove debris in front of the ongoing construction work of the abandoned tunnel T77A and retaining wall in front of the tunnel as construct a retaining wall in per the instructions. (Photograph is front of the tunnel. annexed as Annexture-IVB)
18. Replying to various reports of various authorities and District Authorities, Applicant has filed rejoinder dated 26.08.2024 stating as under:-
"1. That the report submitted by the joint committee dated 15/12/2022 page 06 stated "As per condition of consent to operate (CTO) granted by JKPCC to the batching plant, the Project Proponent is required to apply for renewal of consent 60 days in advance before expiry of the consent order. However, the examination of the records indicates that it remained operational without valid consent to operate for 35 days." (Annexure 1/1).
This fact was further corroborated by the report submitted by the Jammu Kashmir Pollution Control Committee (JKPCC) in its action 28 taken report (ATR) dated 17/04/23 page no. 336 (b) before the Honourable Tribunal which states that the "Consent to Operate (Renewal) granted in favour of the batching plant stands expired in the month of February, 2023 and renewal application of same is under process, which shall be considered by the J&K Pollution Control Committee only on the outcome of this present O.A."
(Annexure A½) That this ATR submitted by the JKPCC clearly depicts that the project proponent was operating the plant in collusion with JKPCC without obtaining the consent to operate (CTO) from the JKPCC which is illegal, unreasonable and in gross violation of law and how the renewal application shall be considered by the JKPCC on the outcome of the disposal of this O.A filed before the Honourable Tribunal is unreasonable, illegal and in violation of environmental laws. That the project proponent had not stated an iota of word regarding consent to operate (CTO) in its objection filed dated 13/05/23 before the Honourable Tribunal. It is noteworthy that after the expiry of consent to operate, any activity by the batching plant Private Company, without renewal is an offence under the Environmental Protection Act, punishable under section 15, and 16 of the Environmental Protection Act, 1986. The Project Proponent is liable to be proceeded against and prosecuted accordingly.
2. That the Joint Committee had in its factual inspection report page no. 08 dated 15/12/2022 had stated that some cracks were found in the walls of applicant's house and other inhabitants residing therein. The true reason for such cracks was due to the high level of blast beyond permissible limit conducted illegally by the project proponent at the benching plant. That the applicant had filed a complaint dated 06/07/21 bearing no. THE/BNL/NS/2032-22/245-46 pertaining to high Level blast conducted by the project proponent to the Deputy Commissioner Ramban, SDM Banihal and Tehsildar Banihal wherein an inspection was done by the Tehsildar in the presence of applicant and other inhabitants along with manager of project proponent where it was found by the Tehsildar that about 40 houses were damaged due to such highlevel blasts. That the total valuation of loss to the said houses would amount to Rs. 5000000/- (fifty lakhs).
3. That the project proponent in its objection submitted dated 13/05/2023 page no. 358 (iv) had stated that as regard to damage caused to paddy land, The Chief Agriculturel Officer (CAO) Ramban assessed the compensation to the tune of rupees 69,084/-. which was deposited by the project proponent in the office of the SDM Banihal. That the Joint Committee in its report dated 15/12/22 had stated the feedback from Chief Agriculture Officer Ramban (Annexure 13) wherein it was stated that "A team of Agriculture Officers of Zone Banihal visited the spot on 08/12/2022 and reported vide letter no.AEO/B/2022-23/78 29 dated 08/12/2022 that an area of 1-1.5 acre of paddy land has been damaged due to effluents coming from the construction site of project proponent." That it is not stated how the Chief Agriculture Officer calculated such a meager amount of Rs. 69084/- for the damage caused to the paddy land of an area approx 1.5 acre. That the valuation of one acre land amounts to 8 canal and the value of 1 canal land is about Rs.16,89,000 (Sixteen lakh eighty nine thousand rupees). That the total valuation of paddy land damaged by the project proponent amounts to 1689000*12=Rs. 20268000/- (two crore two lakh sixty eight thousand Rs.). That the applicants paddy land since 2020 due to discharge of effluents had become barren and cannot be used for paddy cultivation. That the valuation of paddy land damage conducted by Chief Agricultural Officer is false and far from the truth and the correct value of damage to Paddy land is about approximate Rs. 2,02,68,000/- (two crore two lakhs sixty eight thousand Rs.). That the applicant had received not a single penny from the project proponent for the huge loss caused to the paddy land of the applicant thereby violating Fundamental Right enshrined under Article 21 of the constitution ie Right to Life includes Right to livelihood
4. That the SDM Banihal had submitted false feedback to the Joint Committee that the applicant is having land measuring 09 marlas falling under khasra No. 111 and 112 in village Bankoot and recorded in the name of his father Ghulam Mohammad as per revenue records. That the factual position is that khasra no.111 belongs to Mr. Ghulam Rasool, Md. Afzal S/o Lasoo Giri and khasra no. 112 belongs to Nisar Ahmed. Annexures attached here with and revenue records page no. 83. That the applicant's land falls under khasra no. 210 and 211 which was paddy land totally damaged since 2020 by the effluent discharged by the project proponent. That there is a contradiction between the reports submitted by the Patwari Banihal and Tehsildar Banihal and the SDM Banihal endorses the report submitted by the Tehsildar Banihal. That the Patwari Banihal states that the State land comes under khasra no.582 and whereas the report of the Tehsildar Banihal states that the State land falls under khasara no. 882 so there is a contradiction between the two reports submitted by Tahsildar and Patwari. That the Tehsildar and Patwari are misleading and submitting false reports before the Honorable Tribunal. That the SDM Ramban had filed false report that Khasra number 110 and 111 belongs to the present applicant whereas the revenue record shows that kasra no. 210 and 211 belongs to applicant and his family members. It is noteworthy that the SDM in collusion and conspiracy with the Batching Plant Private Company, have framed a record, knowing that the record is incorrect relating to khasra numbers and the ownership of government over the concerned residential 30 properties, and then making a report maliciously and corruptly in judicial proceedings of this specialized Judicial Body knowing that the report is incorrect and false, tantamounting to offences under sections, 218 and219 of the Indian Penal Code, and are liable to proceeded and prosecuted according under IPC. (Annextures attached herewith report dated 07/12/22)
5. That the Jammu Kashmir Pollution Control Committee (JKPCC) had concealed the fact that the three chambered sedimentation tank constructed on 06/04/23 by the project proponent for primary treatment of the wastewater generated by washing of the plant busted on the very same day. That an application was filed by the applicant dated 06/04/23 to Deputy Commissioner Ramban and SDM informing about the burst of said sedimentation tank. (Annexures of application and Pictures of burst sedimentation tank are attached here with.)
6. That the project proponent coerced and threatened the applicant to withdraw his Original Application and in failing to do so a false case shall be registered against the applicant. That when the applicant refused to withdrew his case pending before the Honourable Tribunal a false FIR case 104/2023 was registered against the applicant/farmer in year 2023.
7. That the contention of the project proponent that the photographs taken by the joint committee during factual inspection was taken from certain angle is far from truth. That even for the sake of the argument if it is taken from certain angle that does not change the factual position of the said premises which can be clearly seen from the photographs uploaded by the joint committee. That there is a presumption u/s 114 (e) of the Evidence Act that all judicial and official acts have been regularly performed.
8. That the contention of the project proponent that when the joint committee visited for verification of factual position there was heavy rainfall is not corroborated by the project proponent and is false.
9. That the project proponent had filed a false affidavit before the Honourable Tribunal and had not fully complied with the recommendations made by the joint committee to the project proponent.
10. That the Honourable NGT may initiate appropriate proceedings against the SDM, who in collusion with the Private Company Batching Plant/project proponent, is liable for prosecution for committing offences under section 1208, 218 and 219 of IPC for framing incorrect record and for making incorrect report corruptly and maliciously in Judicial proceedings of NGT, in writing wrong Khasra numbers in its report and in corruptly writing private property as Government Property. That initiation of appropriate 31 action is necessary so that the trial may be conducted in the appropriate trial court.
11. That Hon'ble NGT may order for the initiation of proceedings against Batching plant Company, for offences under section 15 and 16 of the Environmental Protection Act. 1986, for continuing their activities without renewal, causing pollution and damage to the residential buildings."
19. In order to show compliance on the part of respondent 8, it has filed certain additional documents by way of an affidavit dated 16.09.2024 and facts disclosed therein are as under:-
3. As regards the above directions, it is submitted that as per the requirements of law, the Project Proponent timely applied for renewal of the CTOs, whenever required and the JKPCC duly issued the same in favour of the Project Proponent. The trial of CTOs obtained from JKPCC clearly establishes, that at all times the Project Proponent operated the Batching Plant with valid permissions. The details of CTO's are mentioned herein below:
S. Document Details Date of Date of Valid upto No. application issuance 1 Consent to Establish the 04.02.2021 08.02.21 Feb. 22 batching plant (Cement Concrete) was received from JKPCC 2 Consent to Operate the 26.03.21 Feb. 22 batching plant (Cement Concrete) was received from JKPCC 3 Consent to Operate the 08.02.2022 18.04.22 Feb. 23 batching plant (Cement Concrete) was received from JKPCC 4 Consent to Operate the 26.12.2022 31.07.23 Feb. 24 batching plant (Cement Concrete) was received from JKPCC Copy of applications submitted to JKPCC for issuance / renewal of CTO along with the copy of the CTO's issued by JKPCC are annexed hereto and marked as Annexure-1 (Colly.).
4. Since the scope of the work of the Project Proponent got reduced and no further scope was there to operate the Batching Plant, a letter dated
20.09.2023 was issued by the Project Proponent to JKPCC for handing over the CTO's. Thereafter, vide letter dated 11.10.2023, the Project Proponent informed Divisional Officer, JKPCC that the Batching Plants of T-77D, North & South portals have been dismantled and another 32 Batching Plant of T-74R shall also be dismantled. Accordingly, the Project Proponent requested JKPCC for handing over of the CTOs. Copy of Letters dated 20.09.2023 and 11.10.2023 issued by Project Proponent to Divisional Commissioner, JKPCC are annexed hereto and marked as Annexure-2 (Colly.).
5. During the hearing conducted on 27.08.2024, this Hon'ble Tribunal raised queries to the Project Proponent, as regards the status of the Project and the date of completion. It is submitted that IRCON International Ltd. i.e. Respondent No. 7 awarded the work for construction of balance work for Tunnel T-77D, Banihal Section of USBRL Project, J&K to the Project Proponent on 18.12.2019 and the Project Proponent completed and handed over the project site to IRCON on 03.12.2023. Besides this, IRCON after verifying and certifying the works done by the Project Proponent issued a letter of satisfaction cum certificate dated 19.08.2024 to the Project Proponent which contains details of Commencement, Completion and the date of handing over the Project. Copy of letter of satisfaction cum certificate dated 19.08.2024 issued by IRCON to the Project Proponent is annexed hereto and marked as Annexure-3.
6. Notwithstanding the above, it is submitted that on the specific request of the Project Proponent, the counsel for the Applicant supplied the copy of the Rejoinder on 27.08.2024. The allegations made in the Rejoinder of the Applicant are summarily dealt by the Project Proponent in the tabular chart below:-
Sr. Summary of the Brief response cum clarification of No. allegations/contention raised by the Project Proponent the Applicant in his rejoinder 1 OPERATION OF BATCHING PLANT a. Before starting operation of the WITHOUT VALID CTO Batching Plant, the Project Proponent took 'no objection' a. Project Proponent operated from the local residents of village the batching plant without Chanar Bankoot and from valid Consent to operate various Government (CTO) for a period of 35 departments which is enclosed days. as Annexure R-8/11 (Colly.) b. To support the above @Pg. 148-158 of Reply dated contention, Applicant relied 03.12.2022 filed by the Project on the 1st Joint Committee Proponent.
Report dated 15.12.2022 b. At Para-2.2.2 [Page-240] of the @page-192, wherein it is objections dated 15.12.2022 observed by the Joint filed in response to 1st Joint Committee that Project Committee Report, the Project Proponent was required to Proponent has mentioned the apply for renewal of CTO 60 details of the CTO's. days in advance before c. Copy of the Consent Orders expiry of the consent order, (CTO's) were filed along with however the plant remained reply dated 03.12.2022 filed by in operation for 35 days the Project Proponent and without any valid CTO. marked as Annexure R-
c. The applicant further relied 8/3(Colly.) @Page 110115 of the
on JKPCC's report dated reply.
17.04.2024 @page-336, d. In view of the above, it is
which records that the CTO submitted that the Project
granted for the batching Proponent always had valid
plant stands expired in the permission and CTO's for
33
month of Feb. 2023 and operating the batching plant
renewal was kept on hold by and for the brief period of 35
JKPCC awaiting outcome of days in and around the plant
the present proceedings. month of February 2022, the
d. On the strength of above batching plant was not
submissions, the Applicant operational due to injunction
has stated that the Project order passed by the Munsif
Proponent has illegally Court, Banihal in a frivolous
operated batching plant in injunction suit filed by the
collusion with JKPCC Applicant.
without a valid CTO and e. It is further submitted that the
therefore it is violation of Injunction Suit, as was filed by
Section-15 & 16 of the the Applicant was dismissed
Environmental Protection vide order dated 15.07.2022 by
Act 1986. the Court of Ld. Munsiff,
e. It is argued by the Applicant Banihal. Copy of order dated
that the Project Proponent 15.07.2022 passed by Court of
has not stated an iota of Ld. Munsif, Banihal is enclosed
word regarding CTO in its as Annexure-8/15 @Page 172-
objections filed on 183 along with Reply dated
13.05.2023. 03.12.2022
2 DAMAGE CAUSED TO 40 a. The Project Proponent seeks
HOUSES DUE TO BLASTING to clarify that the damages
ACTIVITY RESULTING TO A LOSS caused to the house of
OF INR. 50 LACS. (approx.) Applicant and nearby
a. Applicant while referring to residents is not on account of
Joint Committee report blasting but may be on
dated 15.12.2022 @Page- account of inferior quality of
194 has argued that Joint construction and ageing of
Committee has observed the walls of the houses of on
some cracks in walls of the account of poor construction
Applicant's house and other quality.
inhabitants residing nearby. b. . Attention of the Hon'ble
b. In regard to the above, the Tribunal is invited to Page-
Applicant further submitted 194 of the Joint Committee
that the walls were cracked Report dated 15.12.2022,
due to blasting activity where it is captured that the
carried out by the Project Joint Committee/ SDM has
Proponent. It is also not been able to ascertain the
allegedly that 40 houses cause of cracks in wall,
were damaged due to the whether it was on account of
blasting causing a total loss blasting or on account of
of approx. Rs. 50 lakhs. faulty construction.
c. At Page-329 a letter dated
12.04.2023 is enclosed which
is issued by IRCON to DC,
Ramban clarifying that the
Channar area does not qualify
for compensation, as the
structures in Channar village
are beyond 125 mtrs distance
from center line of alignment
of tunnels.
d. . Furthermore, at column-3
@page 392 of Action Taken
Report dated 12.08.2023 filed
by DC Ramban, it is recorded
that IRCON / R-7 has carried
out geo-tagging of the
structures falling in the
alignment of Tunnel T-77D in
the year 2020, and none of
34
the structures in Channar
area fall within the ambit of
125 mtrs. and do not qualify
for any damage
compensation, as agreed by
Northern Railway on the
demands projected by the
locals of the area.
e. In view of the above, the
Applicant is not entitled to
claim any compensation on
account of alleged damage, if
any caused to his house,
more particularly the Project
Proponent cannot be made
liable to pay compensation to
the Applicant.
3 CROP DAMAGE COMPENSATION a. Joint Committee in its report
a. The applicant has argued dated 15.12.2022 has filed
that he is not compensated various records including a
for the damage caused to letter dated 08.12.2022 which
the crops cultivated by him is a report issued by the Office
on account of discharge of of Chief Hoticulture Officer,
effluents by the Project Ramban (enclosed at Page
Proponent in the paddy 215), indicating that there is
fields. no considerable damage to
b. The compensation accessed the Hoticulture plantations in
by the Agricultural Officer to the area on account of the
the tune of Rs. 69,084/- is activities carried out by the
meager as against the total Project Proponent.
damage caused to the land b. . Furthermore, the Action
in question. Taken Report dated
c. SDM Banihal has submitted 13.04.2023 filed by DM,
false feedback to the Joint Ramban also captures the
Committee as regards the relevant facts regarding
ownership of the land, assessment of compensation
therefore compensation is payable by the Project
not released to the Proponent i.e. INR 69,084/-
Applicant. column-4 @Page no. 325
towards the crop damages.
c. . Further, at page-392 of the
Action taken report filed by
DC, Ramban dated
12.08.2024, particularly
column-4, it is recorded that
the Project Proponent has
earlier paid an amount of INR
69,084/- on 21.07.23
towards crop compensation
and INR 2,93,394/ on
12.08.23 on account of
additional compensation for
crop damage, which amount
is lying with SDM, Banihal.
d. . As regards the payment of
the compensation for crop
damage and restoration of the
agricultural land, Project
Proponent has
alreadydeposited the
aforesaid amounts. Now, as
regards the question, whether
35
the Applicant is entitled to
claim the aforesaid
compensation amount
deposited by the Project
Proponent, thus issue needs
to be answered by the Official
Respondents, more
particularly DM & SDM,
Ramban and by this Hon'ble
Tribunal.
e. During the hearing of the case
on 27.08.2024, the DC,
Ramban clarified that the
land in question where the
Applicant had cultivated the
crops earlier belongs to
government as per revenue
records and the local villages
including the Applicant has
done illegal cultivation of the
said land. Therefore, the
Applicant is not entitled to
any compensation on account
of alleged damage caused to
the Crops.
f. In the above context, it is
clarified that the Project
Proponent has filed revenue
records alongwith with
objections dated 13.05.2023
filed in response to 2nd Joint
Committee Report dated
17.04.2023, wherein at Page
no. 380 387 [Annexure R-
8/41] enclosed revenue
records which confirms that
the land in question where
the Applicant had cultivated
crops in past, belongs to
government.
4 THREE-CHAMBERED a. The clarification to this
SEDIMENTATION TANK GOT submission is that the
BURSTED ON DAY IT WAS sedimentation tank structure
COMMISSIONED i.e. 06.04.2023 was dismantled by the Project
a. As per applicant, JKPCC Proponent on the directions of
has concealed that the three IRCON, as the same was no
chambered sedimentation longer required, as
tank busted on 06.04.2023. dewatering was permanently b. . Applicant gave information plugged from T-77A.
to SDM and DC, Ramban b. In this regard, the Project vide letter dated Proponent has given an 06.04.2023. undertaking affidavit to JKPCC, which is enclosed @Page 389 along with objections filed by the Project Proponent to the 2nd joint committee report.
c. In view of the above clarification, it is submitted that there is no strength to the allegation of the Applicant that the Sedimentation tank 36 got busted on the day it got commissioned.
7. The Applicant has belatedly filed the rejoinder making frivolous allegations against the Project Proponent and the other Respondents. There is no merit in any of the allegations levelled by the Applicant and the same are false and denied. It is falsely alleged by the Applicant in the Rejoinder that the Project Proponent has coerced and threatened the Applicant to withdraw the captioned Original Application and is filing cases. However, it is submitted that on account of regular nuisance and hindrances caused by the Applicant and his family at the Project site, the Project Proponent faced many challenges in completing the Project of such magnitude in the scheduled time considering the national importance of the Project.
8. In the above context, it is relevant to mention that the Project Proponent was compelled to report the illegal acts and actions of the Applicant and his family to the concerned local police and the administration. The following documents are sufficient to demonstrate the conduct of the Applicant and his family;
i.) Complaint was filed by the Project Proponent against the Applicant with P.S. Banihal on 26.02.2021 (enclosed at Page-121- Annexure R-8/5];
ii.) Letter dated 27.06.2022 written by Project Proponent to IRCON complaining about the hinderance caused by the Applicant in the Project [enclosed at Page-140-Annexure R- 8/8];
iii.) an injunction order dated 23.07.2024 was passed against the Applicant and his family by Ld. Munsiff Court, Banihal restraining them from illegally trespassing in the Project [enclosed at Page-141 -146-Annexure R-8/91; iv.) Letter dated 08.07.2022 written by Project Proponent to IRCON complaining about forceful closure of Batching Plant by Applicant and his family [enclosed at Page 147-Annexure R-8/10];
v.) Letters dated 28.06.2022 & 18.05.2022 issued by IRCON to Superintendent of Police as regards the hindrances caused by the Applicant and their family in working of the Project [enclosed at Page 159 & 160-Annexure R-8/12 (Colly.)]:
vi.) Letter dated 30.04.2023 was issued by Project Proponent to SHO, Banihal after some local and the Applicant attacked the Project site to stop the work, and request was made to register FIR against them [enclosed at Page 375-376- Annexure R-8/39].
vii.) Letter dated 02.05.2023 issued by DM, Ramban to SDM, Banihal for providing assistance to the Project Proponent. In this letter it was also informed that FIR No. 104/2023 has 37 been registered against the Applicant and others [enclosed at Page 379 Annexure R-8/40]."
20. On the question of payment of compensation, Deputy Commissioner, Ramban stated that land in question is a State land and therefore compensation is not payable to complainant, whereupon Tribunal directed Deputy Commissioner to place on record relevant documents in support of the stand.
21. Consequently, Deputy Commissioner, Ramban has submitted compliance report dated 27.09.2024 stating as under:-
The Sub Divisional Magistrate, Banihal vide his communication No. SDMB/2024- 25/402 dated 14.09.2024 submitted his report, which reveals that:- 1. As per Khasra Girdawari- Rabi (Year: 1955);
• Land bearing Khasra No. 638/582 measuring 01M is recorded in the ownership of State (Malkiyati Sarkaar) but in possession of Khazir, Habib etc. who are recorded as Gair Maroosi. The land type is recorded as: GM Gharhat. • Land bearing Khasra No. 649/582 measuring 01K-18M is recorded in the ownership of State (Malkiyati Sarkaar) but in possession of Khazir, Habib etc. who are recorded as Gair Maroosi The land type is recorded as: Abi Doem. • Land bearing Khasra No. 647/582 measuring 17M is recorded in the ownership of State (Malkiyati Sarkaar) but in possession of Khazir, Habib etc. who are recorded as Gair Maroosi. The land type is recorded as: Abi Doem (for 8M) and GM Nalla (for 09M).
2. As per Khasra Girdawari - (Year: 1956-1966);
• All of the aforementioned Khasra Nos were in the possession of same persons viz., Khazir, Habib etc. for the period 1956-1966. • Further, the land continued to be recorded in the ownership of State.
3. As per Khasra Girdawari- Rabi (Year: 1967); • Except Khasra No. 638/582 measuring 01M, the recorded entries of the aforementioned persons (as cultivators/possessors) were not reflected in the remaining Khasra Nos in the revenue record. • However, the land continued to be recorded in the ownership of State.
4. As per Khasra Girdawari - (Year: 1967-1989); • The same entries were continued for the period 1967-1989 (Rabi).
385. As per Khasra Girdawari- Kharief (Year, 1989):
• Land bearing Khasra No. 648/582 measuring 10K was recorded in the ownership of State but in the possession of new persons viz, Ahmed, Ghulam, Ramzan, etc. Ss/o Khazir, Habib, etc. • Land bearing Khasra No. 638/582 measuring 01M continued to be recorded in the ownership of State but in the possession of Khazir, Habib, etc.
6. As per Khasra Girdawati (Year, 1989-2019); • The same entries were continued for the period 1989-2019 (Rabi)
7. As per Khasra Girdawari Kharief (Year: 2019); • The recorded entries of the aforementioned persons (as cultivators/possessors) were expunged from the Khasra No. 648/582 and Khasra No. 638/582. The said entries were expunged in compliance with the directions issued by the Hon'ble High Court of Jammu & Kashmir in WP PIL No. 19/2011 and MP No. 10/2016 case titled SK Bhalla V/s State & Ors. • Subsequently, the land was recorded in the ownership and possession of State, which continues till date.
It is pertinent to mention that u/s 133 sub section (2-A) (a) (ii) of the Land Revenue Act 1996 B.K any encroachment on the State Land including in the form of cultivation can be removed without paying any compensation for crops. The relevant excerpt is produced below. 133 (2-A) Penalty for denial of or obstruction in the exercise of right or for encroachment; (a) Where any person is denied, or obstructed in, the lawful exercise of his right of user as provided in sub-section (1), or where any person has taken possession of or brought under cultivation or otherwise encroached upon any common land as described above, or when any person, without due authority, has taken possession of land belonging to the Government, a Revenue Officer may, on his own motion or on the application of any person interested and after such enquiry as may be deemed necessary,-
(ii) eject the person who has taken possession of or brought under cultivation or otherwise encroached upon such common land and take possession of such land without paying any compensation for crops or improvements, and may also, by order duly proclaimed, forbid repetition of the encroachment;
In the light of above facts, it is submitted that the petitioners are not entitled for the crop compensation in the instant case."
22. The matter was heard by Tribunal on 22.10.2024 when applicant with reference to document on record on page 445 showed that he is owner 39 of land in question. In reply thereto no appropriate document could be shown by State Authority. Thus Tribunal required Deputy Commissioner to remain present on next date to explain as to why compensation is not payable to applicant in view of documents relied by him which is at page 445 of paper book.
23. Today when the matter was taken up, neither Deputy Commissioner, Ramban is present nor any counsel has appeared on his behalf and in fact on behalf of State Authorities no one has represented.
24. In these facts and circumstances, we have no option but to issue bailable warrant to Deputy Commissioner, Ramban of the sum of Rs.
25,000/- to the satisfaction of the arresting officer, in exercise of our powers and in terms of provisions of Section 19(4) (a) of National Green Tribunal Act, 2010 read with order XVI Rule 10(3) and Section 15 of Code of Civil Procedure, 1908 for securing presence before Tribunal on the next date i.e. 09.12.2024.
25. List the matter on 09.12.2024.
26. A copy of this order be forwarded to Deputy Commissioner, Ramban by email for compliance.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM November 18, 2024 Original Application No. 706/2022 ( IA NO 260/2022 ) AB 40