National Green Tribunal, New Delhi (NGT): The Bench comprising of Justice Raghuvendra S. Rathore (Judicial Member) and Dr Satyawan Singh Garbyal (Expert Member) directed Ministry of Railways to furnish a 50 lakhs rupees as performance guarantee in order to maintain air quality at Railway Station, Khori.

The grievance raised by the applicant was that, the Ministry of Railways through Khori Railway Station Master, Khori is carrying on the work of loading and unloading of highly inflammable material at Railway Station, Khori.

Applicant has prayed that necessary steps for the maintenance of air quality and ecology around the railway station should be taken.

Central Pollution Control Board filed an inspection report with the below-stated recommendations:

  • Three sides covered enclosure should be constructed at the unloading/loading platform to cut out dust emission,
  • Before any unloading/loading activity, dust spilled should be cleaned and water sprinkling be done before the entry of any vehicle.
  • To avoid spillage, material transportation should be done under covered trucks.
  • To reduce dust emission, dust deposited on truck wheels should be cleaned.
  • Traffic areas with regular vehicle movements should be kept clean by mechanical mobile sweeping machines and water sprinkling.

A few more adding to the above suggestions were placed by CPCB. Subsequent to the above stated, an affidavit was filed on behalf of respondent 3. Further, Haryana Pollution Control Board filed a response to the said affidavit wherein they stated that averments made in regard to the construction of boundary walls, plantation of plants, wetting of grounds, etc. were not complied with.

A bare perusal of the affidavit filed by railways had shown that it is full of contradictory averments. For instance, in para 6, it has been categorically submitted that Railway has erected 650 mtrs. Long wall whose heights have been raised to 15 mtrs. From 12 mtrs. Whereas, in the latter part of the same para it has been deposed that tender has been uploaded on Railway portal in respect of raising of the height of the boundary wall.”

Therefore, in view of the above, railways were asked to furnish the performance guarantee amount within 2 weeks in order to complete the works required, especially the ones pointed out by State PCB.

The matter is listed for further hearing on 11-09-2019.[Jail Lal v. State of Haryana, 2018 SCC OnLine NGT 1138, decided on 14-08-2019]

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