Environmental concerns require proper investigation and action, with ongoing proceedings in a higher court influencing Tribunal's jurisdiction.

ORDER

1. The grievances in the present letter petition sent by Mr. Sudarshan Lal Ram resident of Netaji Shubhas Colony Ward No. 16. District:- Sahibganj, Jharkhand are that loading/unloading of stone chips is being carried on in the railway marshalling yard abutting Netaji Shubhas Colony, Sahibganj, Jharkhand day and night causing severe dust pollution creating breathing problems for the inhabitants of the locality. Hundreds of trucks plying in the area day and night are also causing air and noise pollution.

2. Vide order dated 21.04.2022, this Tribunal constituted a Joint Committee comprising of the State PCB, Divisional Railway Manager, Eastern Railway, Malda, West Bengal and District Magistrate, Sahibganj and directed the same to submit factual and action taken report within three months.The relevant part of the order reads as under:-

In our view it would be appropriate to have a factual and action taken report from a Joint Committee comprising of representative of State PCB, Divisional Railway Manager, Eastern Railway, Malda, West Bengal and District Magistrate, Sahibganj. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks, undertake site visit, look into the grievances of the applicant and take requisite action by following due process of law. Factual and action taken report may be furnished within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

3. In compliance thereof, the Joint Committee has submitted report vide email dated 12.07.2022. The relevant part of the report reads as under:-

Factual & Action Taken Report in light of the directions issued by Hon’ble NGT (113), New Delhi in O.A No. 191 of 2022 dated 21.04.2021 in the matter of Sudarshan Lal Ram Vs. State of Jharkhand

1. The Hon’ble NGT (PB), New Delhi in O.A No. 191 of 2022 dated 21.04.2022 in the matter of Sudarshan Lal Ram Vs State of Jharkhand, has constituted a Joint Committee to ascertain the factual position of the grievance raised by the petitioner against "loading/unloading of stone chips is being carried on in the railway marshalling yard abutting Netaji Shubhas Colony, Sahibganj, Jharkhand day and night causing severe dust pollution creating breathing problems for the inhabitants of the locality. Hundreds of trucks plying in the area day and night are also causing air and noise pollution." As per the directions issued by Hon’ble NGT (PB) a Joint Committee of comprising of following members have been constituted:

i. Deputy Commissioner, Sahibganj.

ii. Asst. Divisional Railway Manager, Malda Division.

iii. Regional Officer, JSPCB Regional Office, Dumka.

2. The unit has made an application to the Board for obtaining combined C.T.E and C.T.O vide application no. 10928666 dated 06.08.2021 which has been returned to the project proponent on 21.04.2022 with a direction to submit specific timeline based on the following facts:

i. The decision taken by the District Task Force, Sahibganj in the meeting held on 07.09.2021 (as per Point No 08 of the minutes of meeting circulated vide memo no. 918 Ekynk dks dated 07.09.2021) which states " DRM, lkgscxat jsyos lkbfMax can dj vU; txgksa ij LFkkukUrjk.k djus ij fopkj fd;k x;k gS ,oa i= izsf"kr dh x;h gSA " The copy of the minutes of meeting is enclosed herewith as Annexure 1.

ii. The content of the letter sent by the Deputy Commissioner, Sahibganj to the D.R.M., Malda vide letter ref. no. 1065 dated 31.08.2021 for shifting of the said railway siding to nearby Karamtola Railway Station. T