WP-1159-2015
                 (MRS. LAXMI TRIPATHI Vs UNION OF INDIA)


06-05-2015


Shri Vikas Sharma, learned counsel for the petitioner.
Shri N.S. Ruprah, learned counsel for respondent nos. 2, 4,

5 & 7.

Shri Kunal Thakre, learned counsel for respondent no.8. Grievance of the petitioner in this petition is that the respondents have started a coal dumping in open area besides a source station in an open ground, which is creating environmental pollution and it is hazardous to the residents of the area. On notice being issued, respondents have filed reply and from the reply filed by the railway administration it seems that the railway siding has been constructed for transportation of coal to the thermal power plant in various areas. That apart, they have indicated that on complaint made by the villagers the Collector and SDO had conducted an enquiry and they have given reports which do not show any nuisance or hindrance to the villagers. Be it as it may, the Pollution Control Board respondent 9 has filed a detailed reply and in para 3 of the reply following assertions are made by the Pollution Control Board.

“3.(a). The respondent submits that the respondent no.8 Vardha Power, Varora, is located in Chandrapur Distt. of State of Maharashtra. Coal is supplied to the plant from Western Coalfields Ltd., in Distt. Chhindwara, State of Madhya Pradesh. Presently, it is transported from Coal Mines to the Power Plant through dumpers, trucks i.e. public transport system.

(b) The Railways have constructed railway siding near Khirsadoh for purposes of loading and unloading of all sorts of goods (except Petrol and Iron-ores). It is on the land belonging to the Railways and is available for use by one and all. The Senior Divisional Commercial Superintendent, Nagpur, has assured the Board vide communication dated 10/2/2015 (Annexure R-9/1) that the following precautions would be taken whenever the process of unloading and loading of coal at the said railway siding takes place:-

a) The trucks carrying coal from mines to the Khirsadoh railway siding would be covered by tarpolins;

b) The trucks carrying coal would be driven at a speed less than 10 Km per hour;

c. The transporters would be asked to sprinkle water on approach road and coal depot regularly.

It was stated that so far the work of transporting coal by railways and loading and unloading of coal on the railway siding has not commenced.

(c) The respondent Board officials also made inspection of railway siding on 26/2/2015 (Annexure R-9/2). It was found that the railway station Khirsadoh has been developed; the railway siding is to the opposite side of the railway station on the land belonging to the Railways. Coal from Western Coalfields Ltd. Parasiya coal mines would be supplied to the power station and that unloading and loading of coal would be done on the siding. Reluctantly, there is possibility of coal dust emissions for which presently there is no arrangement. The railway siding is open from both sides. There is neither boundary wall nor shed provided to the railway siding nor there is any provision for sprinkling of water. Plantation of trees is also not there. On the date of inspection, about four trucks carrying coal about 100 tonnes were unloading on railway siding.” The aforesaid assertion made by the Pollution Control Board in para 3 of the return clearly goes to show that all steps for preventing environmental pollution have been taken by the Pollution Control Board and respondent railway administration and the Coal Company are directed to ensure that all the preventive measures indicated by the Pollution Control Board are undertaken by them and strictly complied with. That apart, in case the petitioner feels any violation of the regulations made under the Pollution Control Act which is creating environmental pollution in area, they may represent in the matter to the Pollution Control Board and it would be for the Pollution Control Board to consider the representation of the petitioner and pass such orders and take such preventive steps as may be permissible.

For the present, in the light of aforesaid no further directions are required in the matter. The petition is disposed of with the aforesaid.

(RAJENDRA MENON)                         (MOOL CHAND GARG)
     JUDGE                                     JUDGE