National Green Tribunal
Rohit Choudhury vs Union Of India Through The Secretary ... on 26 February, 2019
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 07
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
O.A. No. 472/2018 (EZ)
(Earlier O.A. No. 19/2014 (EZ))
Rohit Chowdhury Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 26.02.2019
CORAM : HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s): Ms. Sharon Mathew, Advocate
For Respondent (s): Mr. Gora Chand Roychowdhury, Advocate for
Respondent No. 1.
Mr. Santanu Bora, Advocate for Respondent Nos.
2 & 6.
Mr. Swapan Banerjee, Advocate for Respondent
No. 8.
ORDER
1. Vide order dated 18.12.2018, we had granted a period of two months to the State of Assam for shifting the Municipal Solid Waste Plant situated on the 'Deepor Beel' on the prayers made by the Learned Senior Additional Advocate General. It had also been informed that the Railway authorities had proposed to construct a tunnel between gate no. 273 and 274 which had been submitted to the State Government and a decision on that was awaited against which it was stated by the Learned Senior Additional Advocate General that an appropriate decision would be taken by the Government that would be conveyed to us expeditiously.
2. Mr. Swapan Banerjee, Learned Counsel for the Railways, relying upon the affidavit filed on behalf the Railway authorities, would submit that a feasibility study for construction of (i) Viaduct from km 163/4 to 172/0 and (ii) Tunnels for laying of Railway tracks between Level Crossing gate No. NN-273 & NN-274, as suggested by Wildlife Institute of India (WII), Dehradun, engaged by the 1 Principal Chief Conservator of Forest & Chief Wildlife Warden (PCCF&CWW), Assam, has been taken up by Railway.
3. As a consequence, Wildlife Institute of India has suggested (i) to explore the possibility of a new alignment of Railway track from Azara station near Pillar No. 163/4 to the level crossing near Assam Engineering College at Pillar No. 172/0, (ii) possibility of a straight alignment between these two pillars along the northern boundary of Deepor Beel through via duct (only) should be explored and (iii) possibility of a tunnel under the hilly stretch between gate No. 273 and 274, should be explored.
4. Feasibility study was thus undertaken through a consultant and forwarded to the WII, Dehradun and the PCCF&CWW, Assam, for their decision.
5. The two authorities had agreed with a proposal of an alternate alignment. We may observe that the primary reason for issuing the direction upon the Railways to take appropriate measures was to ensure that the Elephant Corridor through which the existing railway track passes was suitably protected, to ensure unhindered passage for the Elephants which were being obstructed by the Railways. The proposal for realignment, therefore, does not appear to be logical.
6. Before, we finally decide on the merits of the recommendations of the WII, it would be sufficient for the moment to direct the Railway authorities to take a long term measure for freeing the Elephant Corridor from the railway tracks by adopting either overpass or underpass suitably designed by experts. As a temporary measure, direction had already been issued earlier in terms of the proposal discussed earlier, one of which was to reduce the speed of the trains while crossing the corridor area. This proposal also does not 2 appear to have been acted upon by the Railways expressing practical difficulties as set out in para 5 of the last affidavit filed on behalf of the Railways. We are unable to accept such stand and emphasise that the temporary measure which had been suggested earlier should be adopted and the timing of the trains at the level crossings be synchronized accordingly. It may be observed that the earth is not for humans alone.1 All creatures including the wild animal have a sacred right. Economic consideration no doubt is important for development but, it should not be at the cost of ecology, bio-diversity and the environment. We may refer to the case of Indian Council for Enviro-Legal Action vs. Union of India and Ors.2 in this regard.
7. We, therefore, have no hesitation in directing the Railway authorities to adopt the temporary measures. The Learned Counsel for the Applicant informs us that the speed limit prescriptions had been adopted in the States of Tamil Nadu and Uttarakhand by installing 'Thermal and Seismic Sensors' on the railway tracks. Reference has also been made to the case of Shakti Prasad Nayak vs. Union of India and Ors.3, where the Supreme Court directed installation of 'Speed Radar Guns' to monitor speed of locos enroute and to check cases of over speeding. The authorities shall consider these aspects. We are optimistic that a positive view will be taken in the light of these developments.
8. So far as the shifting of the Municipal Solid Waste Plant is concerned, enough time has been granted to the State. Mr. Santanu Bora, Learned Counsel appearing for the State, submits that a Notification has been issued constituting a committee on 04.12.2018 for relocation of the plant. The first meeting of this 1 (2002) 7 SCC 368; (2013) 8 SCC 234 2 (1997) 1 SCC 388 3 (2014) 15 SCC 514 3 Committee was held on 14.03.2018. He submits that the matter is likely to be resolved in the next meeting.
9. Considering this, we withhold ourselves from passing any coercive orders for the moment making it clear that if an alternative place is not been identified in the next meeting of the Committee, the Municipal Solid Waste Plant shall be directed to be closed in addition to imposition of exemplary penalty. It shall be ensured that the second meeting is held without fail within a period of one month and the alternative site finalized. A compliance report shall be filed before the next date.
10. The Railway authorities shall also file a report on our observations made today.
11. The compliance reports shall be transmitted to the Tribunal through e-mail at [email protected].
12. Leave to file affidavit sought for by Mr. Santanu Bora is granted.
Let the affidavit be filed in the course of day.
13. List on 29.04.2019, for further orders.
S. P. Wangdi, JM K. Ramakrishnan, JM Dr. Satyawan Singh Garbyal, EM February 26, 2019 O.A. No. 472/2018 (EZ) avt&js 4