National Green Tribunal
Rohit Choudhury vs Union Of India Through The Secretary ... on 20 January, 2022
Item No. 07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.19/2014/EZ
(I.A. No.71/2020/EZ)
Rohit Chowdhury Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 20.01.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Saurabh Sharma, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury, Advocate for R-1,
Mr. Nalin Kohli, Sr. AAG, a/w Ms.Palak Mahaja, Adv.,
Ms. Diksha Ray, Adv., Mr. Ankit Roy, Advocate &
Ms. Malabika Roy Dey, Advocate for R-2 to 7,
Mr. Shayamvar Deb, Advocate for R-4,
Mr. Rabindra Nath Bag, Advocate a/w
Mr. Kalyan Sarkar, Adv. & Ms. Dhiswari Nag, Adv.
For Respondent Nos. 8 & 9,
ORDER
1. Mr. Saurabh Sharma, learned Counsel is present for the Applicant.
2. One affidavit dated 30.09.2021 has been filed on behalf of the Respondent Nos. 9 & 10, Railway Respondents; the same is taken on record.
3. One affidavit dated 12.11.2021 has been filed on behalf of the State of Assam; the same is taken on record.
4. Mr. Saurabh Sharma, learned Counsel for the Applicant states that he has just now received the copy of the affidavit dated 30.09.2021 filed by the Railway Respondents.
5. It will be appropriate to reproduce the relevant paragraphs 14, 15 & 16 of the Railway Respondents' affidavit date 30.09.2021 which read as under:-
114.That in view of the above difficulties, N F Railways has prepared a proposal of multiple underpasses for free passage of elephants in the existing alignment as a permanent mitigation measure. The proposal is as below:-
i) In the elephant corridor at Km 164/0-2 (Mita), an underpass (for existing track as well as doubling track) of vertical clearance 6.5 to 7 m above natural ground level will be provided for the length of 200 m.
ii) In the elephant corridor at Km 164/5-6 (Mikirpara), an underpass (for existing track as well as doubling track) of vertical clearance 7 m above original ground level will be provided for the length of 100 m.
iii) In the elephant corridor at Km 165/2-3 (Near Sabhagar), an underpass (for existing track as well as doubling track) of vertical clearance 7 m above original ground level will be provided for the length of 100 m.
iv) The elephant corridors at Km 165/7-8 (Segunbari), railway level crossing gates NN/273 and NN/274 at Km 167/0-7 (Bhagnathan Temple) and Km 167/8-168/0 (Nepali Para) will be protected by providing an underpass/viaduct (for existing track as well as doubling track) of length 3.5 Km and 7 m vertical clearance above original ground level, which will provide free passage to elephants.
15.That a joint visit of the site was made on 28.09.2021 by the Scientists Wildlife Institute of India, Dehradun (comprising of Dr. Bilal Habib and Ms Akanksha Saxena), Dr. Amit Sahai, PCCF (WL), Assam and GM/NF Railway and other Railway officials and the entire length of elephant corridor along the Railway track between Kamakhya and Azara stations was examined. It was noted that at many places residential as well as small industrial buildings have come up on oneside of the track (the beel being on the other side) and actual areas of elephant crossings have been further reduced. Wildlife Institute of India's Scientists will submit their detailed report in due course but they are in general agreement with the permanent mitigation measures proposed by NF Railway as brought out in para no.14.
16.This project of NF Railway is a 176 Km long doubling project from New Bongaigaon to Kamakhya via Goalpara. It is an important infrastructure project for the Northeast and its early implementation will substantially augment the carrying capacity of Railway. It will facilitate quick and efficient transportation of various commodities to Assam and other North-eastern States from other parts of the India 2 and vice-versa. Due to its importance, the project has been funded by the Government of India under Extra Budgetary Resources (IF) on interest, and hence its progress is being regularly monitored at the highest level in the Government of India. Various Construction activities of this project are progressing well in the entire stretch and is expected to be completed by 2023 except in last block section i.e. between Azara and Kamakhya Stations. Hence, Railway is praying for expeditious decision to resolve the issue."
6. In this affidavit, it is mentioned that that the Scientists of Wildlife Institute of India, Dehradun, inspected the site on 28.09.2021 and the entire length of the elephant corridor along the railway track between Kamakhya and Azara stations was examined and it was noted that in many places residential as well as small industrial buildings have come up on oneside of the track (the beel being on the other side) and actual areas of elephant crossings have been further reduced. It is also stated that the Scientists of Wildlife Institute of India will submit their detailed report in due course but they are in general agreement with the permanent mitigation measures proposed by NF Railway as stated in the previous para no.14.
7. Mr. Kalyan Sarkar, learned Counsel for Railway Respondents informs that Wildlife Institute of India, Dehradun has vetted the proposals of the NF Railway. However, it is not clear as to whether the administrative and financial sanction for implementation of the vetted proposal has been made or not.
8. We, therefore, direct the Railway Respondents to file a fresh affidavit stating whether the administrative and financial sanction to the proposed project has been granted or not and also the final approval of the Wildlife Institute of India before the next date of listing.
39. With regard to the Closure of Dumping Site by Guwhati Municipal Corporation at Pachim Boragaon and Treatment of Legacy Waste, we may extract the paragraphs 3, 4, 5 & 6, with regard to the Establishment of Solid Waste Processing Plants, we may extract paragraph 7, and with regard to Establishment Of Decentralised Plant, we may extract paragraph 8 of the affidavit of the State of Assam, which read as under:-
CLOSURE OF DUMPING SITE OF GUWAHATI MUNICIPAL CORPORATION AT PACHIM BORAGAON
3. It is most respectfully submitted that the dumping site of Guwahati Municipal Corporation at Pachim Boragaon is totally closed.
TREATMENT OF LEGACY WASTE
4. It is most humbly stated and submitted that the treatment of legacy waste started at West Boragaon w.e.f. January 2021. It is estimated that there is approximately 15 lakh MT of legacy waste accumulated at West Boragaon dump site till now.
5. As direct by this Ld. Tribunal, the Guwahati Municipal Corporation has already taken up the bio-remediation of the legacy waste accumulated at West Boragaron dump site.
For that purpose, an estimate amounting to Rs. 42.00 crore was prepared and submitted to the Government for funding. Administrative approval was granted for Rs. 10.00 crore in the 1st phase. Thereafter, a tender was floated for the work and the work of bio-remediation was allotted in December, 2020 for 3,61,000 MT. It is pertinent to note here in that till now 1,71,000 MT of solid waste has been bio-mined.
6. In addition to the aforesaid, the Department of Housing and Urban Affairs has issued an administrative approval for the project landfill mining at Pachim-Boragarn for Rs. 172.5 crore and the Guwahati Municipal Corporation has floated a Request for proposal "RFP" wherein the last date of bid submission was 19 October 2021 which was later extended till 17.11.2021.
4ESTABLISHMENT OF SOLID WASTE PROCESSING PLANTS
7. With regard to the establishment of solid waste processing plant that will produce compost and Refuse Derived Fuels "RDF" in two phases with a capacity to treat 150 TPD of waste (for each phase) per day, a tender had been uploaded in 12.07.2021. It is pertinent to note herein that three bids have been received and the technical evaluation has been done. The price bids thereto have been opened and documents are examined. Meanwhile, the viability of the plant is being examined and the order is yet to be uploaded/issued.
ESTABLISHMENT OF DECENTRALISED PLANT
8. It is most respectfully submitted that Bio-Methanation plant at Chatribari with a capacity to treat 5 TPD of waste is running. This is a waste to energy plant. It is further humbly submitted that another plant namely a compost plant at Bhangagarh is running with the capacity to treat 2.5 TPD of waste per day. There was a proposal to set up a third decentralized plant at Adabari but the land at Adabari has been found to be close to the river Brahmaputra, and, therefore, the proposal has been abandoned. The Guwahati Municipal Corporation is currently on lookout for some land for establishment of another decentralized plant."
10. In paragraph 8 of the affidavit, it has been stated that the Guwahati Municipal Corporation is currently on the lookout for some land for establishment of another Decentralised Plant.
11. We, therefore, grant Guwahati Municipal Corporation three months time to complete the process of identifying the land for the Decentralised Plant and file an affidavit of compliance to that effect.
12. Let such affidavit be filed within three months.
513. List on 07.03.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM January 20, 2022 Original Application No.19/2014/EZ (I.A. No.71/2020/EZ) AK 6