The operational guidelines for railway sidings must prioritize environmental protection, ensuring compliance with pollution control statutes while managing community health impacts due to industrial activities.

JUDGMENT

1. This petition has been preferred against the railway siding with the allegations that it is being operated by the railways just to give benefit to the local transport company bypassing all the laws and rules. There is a railway line which is crossing through Silyari which is a Tehsil in the district- Raipur, in the abovementioned village, most of the good trains passes by, carrying different type of goods, fertilizers and other goods and now after the recent order passed by Respondent No.7 also Coal is permitted, there is no railways goods warehouse in the Silyari village, only the goods train has to pass by or halt. The respondent no. 6,7 and 8/Railways are carrying the process of goods siding in the village, the material in the goods train is unloaded on the side of the dirt/raw road/Kachhi sadak and just in front of the private residents, the materials/goods are being loaded/unloaded and thereafter the trucks of the local transport company upload that goods in their trucks creating havoc and traffic jam as there is no space for the trucks to take U-turn, the trucks after loading the goods straightway goes up to 500 meters, and outside the school premises they turn back their vehicle and again the trucks make their way to the location and during this process all the traffic is ceased because of the trucks.

2. The contention of the applicant/petition are that the area Silyari which have school, hospitals and houses of villagers near by the siding are being polluted creating health hazards for the reasons that the railway siding does not have adequate measures, which is required and mandatory to operate as a siding. It is further submitted that the directions issued by the Govt. of India/Ministry of Railways/Railway Board as Annexure-A/2 dated 16.04.2018 has not been properly adhered to by the respondent.

3. The matter was taken up by this Tribunal and notices were issued to the respondent with direction to submit the reply and a committee consisting the members nominated by Collector, Raipur and one representative from the Member Secretary, Chhattisgarh Environmental Conservation Board was constituted with direction to submit the factual and action taken report. Respondent has filed the reply. The inspection report and objection on the committee report has been filed. Heard the Learned Counsel for the parties and perused the record.

4. The contention of the Learned Counsel for the applicant are that the illegal stacking and loading/unloading of Coal and other minerals like Gypsum, Kinker, Dust, Iron Ore and others at the open space of Railways and operating stack yard/Godown and railway siding without obtaining Consent to Establish and Consent to Operate from the Board Air (Pollution and Control of Pollution) Act, 1981 which is operated and aided by Respondent No. 6, 7 and 8, located in Silyari village. This activity is in violation of the Guidelines for Environmental Management and further that That the concerned railway siding at Silyari does not have any infrastructure which is required and mandatory to operate as a siding also it does not have any shed or any markings of a siding. It is basically a piece of narrow dirt road adjacent to railway line which is being used for railway siding. There is no paved approach road for heavy vehicles to enter the siding or to load or unload goods. There is not even water facility available in the siding.

5. It is further submitted that there is no sprinkling system or Wall for Dust prevention which is mandatory as per the norms to minimize the dust, chemicals and other residue causing air pollution. Also there is no green belt surrounding the siding to curb the effects of air pollution. The Ministry of Railways vide Order No.ERB1/2016/23/19 dt.08.04.2016 constituted a two members committee to study and submit report on the extent of pollution in handling of pollution intensive commodities at Sidings and Good Sheds and action to be taken. The said committee in its report has