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NGT Directs Railways To Submit Rs 50 L Performance Guarantee To Check Air Pollution [Read Order]

19 Aug 2019 5:56 PM GMT
NGT Directs Railways To Submit Rs 50 L Performance Guarantee To Check Air Pollution [Read Order]

The National Green Tribunal has directed the Respondent, Ministry of Railways, to submit Rs. 50 lakh performance guarantee to curb air pollution at Khori Railway Station in Rewari, caused due to loading and unloading of highly inflammable material such as clinker, gypsum, cement etc.

The Petitioner, Jail Lal, had filed an application before the Tribunal titled "Jail Lal v. State of Haryana & Ors.", submitting that because of the aforementioned activities, there was excessive air pollution near the said railway station and the Respondent-Railways must take necessary steps to maintain air quality and ecology in the locality around the Railway Station.

The Central Pollution Control Board filed an inspection report in this behalf to recommend measures to ensure health and safety of labors involved in the process and to control dust emission by raising covered enclosures around the premises, sprinkling water and developing thick green belt around the railway station.

Pursuant to these recommendations, the Railway department filed an affidavit of compliance before the Tribunal, which was found to be false by the State Pollution Control Board of Haryana (SPCB). In reply to the Respondent's affidavit, SPCB informed the court that the averments pertaining to construction of boundary wall or sprinkling of water to avoid dust emission in the affidavit were contradictory to facts at site.

The bench comprised by Justice Raghuvendra S. Rathore and Dr. Satyawan Singh Garbyal observed that in the affidavit filed on behalf of the Railways "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 later 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."

In these circumstances, the bench directed the Railways to furnish a performance guarantee of an amount of Rs. 50 Lakhs for completing all the works required to be done, especially in context of the SPCB's reply to its affidavit. The Tribunal further directed the deponent, Senior Divisional Commissioner Manager of North-West Railways, to be present before the Tribunal on September 11.

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[Read Order]

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