ORDER

1. Heard the learned counsel for the parties and perused the record.

2. Issue raised in this application is operation of warehouse for storage of cement and chemical fertilizer at Tehsil Itarsi, District Narmadapuram for loading and unloading of chemical fertilizers and cement in contravention to the guidelines laid down for governing the operation of warehouse. The applicant has further raised the issue of negligent and reckless manner of operation of the warehouse by Respondent no. 1, causing grave environmental damage in the region and adversely affecting air, water and soil quality of the region.

3. It is contended by the learned counsel for the Applicant that the major pollution caused by the warehouse is done by loading/unloading of Cement which is carried out in the open. Due to improper infrastructure and lack of adequate equipment, the Cement dust is carried away by the winds and settles in the nearby region which consists of Residential area that is immediately adjacent to the open shed warehouse and the pollution caused by the Cement dust and fertilizers is so immense that the ground water quality of the region has become polluted to the limit of water becoming poisonous. Similarly, suspended cement particles in the air has significantly lowered the air quality of the region and in fact the air is also hazardous. The cement particles flow away with the wind and settle on the water bodies, soil and even on the houses of the nearby residential area.

4. The matter was taken up by this Tribunal on 21.11.2022 and respondents were directed to submit the reply. The Tribunal further constituted a Committee consisting of (i) District Collector, District Narmadapuram, or his representative and (ii) One representative from Madhya Pradesh Pollution Control Board to submit the factual and Action Taken Report.

5. The Joint Committee has submitted the report with the facts as follows:

It has been observed that as per the action plan submitted by Railway good shed boundary wall had been constructed with pre-cast concrete of 6 feet height parallel to Itarsi- Dolaria road. Railway management is increasing the height of boundary wall about 20 feet by fixing the GI sheets. This activity is under progress and will be completed by 1510112023. Railway management is also installing water sprinkling system (90 nos.) and will be commissioned by 1510112023 as per the submitted action plan. Railway management also has taken initiation to construct the pucca flooring and some part of the area has been constructed.

Railway management shall develop the mechanism to prevent and control of air/water pollution as soon as possible and finished the work as per submitted time bound action plan.

It has been observed that lot of dust and fugitive emission was found in the good shed area. The surface area of the premises partially has been made pucca with the help of concrete and sleepers. Presently there is no manually or mechanically mechanism to clean and collect the dust spread in the premises.

6. Learned counsel appearing for the Respondent had submitted that there are more than 250 Mail/Express, Passenger and freight trains reaching Itarsi Junction which is a major transit point. Itarsi is a four-way junction and at least one train from each of India’s 16 railway zones pass through it. Locomotives (engines) are changed around 60 times a day and the station is also used for changing crew drivers, guards and ticket examiners. There are 11 lines at I—tarsi station four are through lines, away from the platforms. The tracks o—n the junction are such that they provide a vast connection to all the four directions towards Bhopal, Khandwa, Jabalpur and Nagpur. Itarsi Railway Station was developed from more than 100 years ago to connect the country from North to South. The dry Goods sheds were also situated near the Railway Station separately, having sufficient open space and operating since 1930. Further, in course of time, human habitation developed around th