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2025 Supreme(Online)(NGT) 374
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
MR. JUSTICE SHEO KUMAR SINGH, DR. A SENTHIL VEL, JJ
DR PG NAJPANDE – Appellant
Versus
UNION OF INDIA THROUGH SECRETARY – Respondent
39/2025 / BHOPAL
For the Petitioner: PRABHAT KUMAR YADAV
For the Respondent:
Economic development must align with environmental protection, ensuring compliance with pollution control laws while facilitating necessary public services.
Headnote:(A) Air (Prevention & Control of Pollution) Act, 1981 - Section 21 - Public Interest Litigation - The applicant sought to halt operations at Kacchapura Railway Goods Sheds due to alleged air pollution violations, citing proximity to residential areas and historical water bodies. The Tribunal noted the importance of balancing economic development with environmental protection, emphasizing that sustainable development cannot be restricted. The court referenced previous guidelines and decisions regarding environmental governance and the necessity of monitoring air quality. (Paras 1, 6, 16, 18)
(B) Environmental Governance - The court highlighted the need for a comprehensive environmental management framework, emphasizing the role of the State Pollution Control Board in monitoring air quality and ensuring compliance with environmental standards. (Paras 10, 16)
(C) Sustainable Development - The court reiterated that economic development should not compromise ecological integrity, advocating for a balanced approach to development and environmental protection. (Paras 7, 16)
Facts of the case:
The applicant claimed that the railway goods shed operations were causing air pollution, affecting nearby residential areas and schools. The Tribunal acknowledged the historical significance of the railway station and the necessity of freight services for public use.
Findings of Court:
The Tribunal ruled that operations should continue as long as air quality remains within prescribed standards, directing the State Pollution Control Board to monitor air quality and enforce compliance with environmental guidelines.
Issues: The main issues included the legality of the goods shed operations concerning air pollution and the balance between economic development and environmental protection.
Ratio Decidendi: The court emphasized that while economic growth is essential, it should not come at the expense of environmental health, advocating for sustainable practices and adherence to environmental laws.
Result: The application was disposed of with directions for ongoing monitoring and compliance.
ORDER
1. The grievance of the applicant is Kacchapura Railway, Goods Sheds, Garha, Jabalpur and relief sought by the applicant are that the sheds should be stopped with an immediate effect for the railway siding and goods shed purposes for the reasons that it is violating Section 21 of the Air (Prevention & and Control of Pollution) Act, 1981 and causing air pollution. The grounds are that this is situated near the residential colonies and school have been established and the historical water body Gullowa Talab is just near to the good shed and according to the master plan demarcation has been done near to this good shed. Jabalpur Railway Station is very important railway station and the good shed is for the transportation of the necessary items, which is to be used for the public and of strategic importance. Railway track is more than 50-100 years old and residential colonies are developed later on and thus it was the duty of the occupier, who later on occupy by constructing the residence should be aware that the railway line, platform or the siding of good shed are already existing there and these are the items which cannot be generally shifted in view of the track and alienation of the railway tracks.
2. The matter of railway siding has already been discussed and dealt with by this Tribunal in O.A No. 89/2022 (CZ) vide order dated 20.04.2023 and similar issues have been raised in that application, which was heard after giving an opportunity of hearing to the parties concerned and after calling a report from the State PCB and CPCB certain guidelines have been issued.
3. In fact, loading and unloading of goods and commodities, primarily food grains are mostly being done directly from trucks to racks and wagons. There are no goods left open as being precious to the consignee- consigner. Itarsi is the critical junction station on Bombay- Bhopal, Bhopal-Nagpur and Mumbai- Jabalpur Allahabad route. In fact, mostly bagged commodities are being transported, therefore chances of any dust is negated. However, respondent Railway is already making all efforts to take precautions to reduce dust by erecting sprinkle system within its area and constructed a boundary wall to conserve and subside air dust if any. As per suggestion of respondent no 3, respondent is also intended to make concrete flooring in stretch of it’s Goods Shed.
4. Water is neither being used nor discharged in Goods Shed being dry in nature. Therefore, the question of water contamination doesn’t arise due to operation of dry shed, where BAGGED commodities are loaded and unloaded.
5. Railways are striving for better infrastructure to meet the future need.
It’s most humbly submitted that, there are Important ongoing works falling in Bhopal division- tripling project of Bina- Habibganj- Barkheda- Budni-Itarsi Section for almost total 242 Km stretch is a visionary project for generation to come, wherein all kinds of better infrastructure are focused. The dry goods shed is in operation since 1930 and more so bagged commodities are being carried through exclusive wagons, are for development of our country not in violations of any laws.
6. It is further argued that the Hon’ble Supreme Court in the case of State of Uttaranchal Vs. Balwant Singh Chantal and Ors., reported in (2010) 3 SCC 402, the Hon’ble Supreme Court laid down the guidelines and held as follows:
o ...The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the Public Interest Litigation.
o The Courts should also ensure that the petitions filed by busy bodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations…..
7. While economic development should not be allowed at the cost of ecology or by cau
