Item No.03

(Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH

(By Video Conferencing)

Original Application No. 191/2022

(I.A No. 176/2022)

Sudarshan Lal Ram

Applicant

Versus

State of Jharkhand

Respondent

Date of hearing:

30.08.2022

CORAM: HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:

Mr. Aabhas Parimal along with Mr. Ashutosh Thakur,

Advocates in I.A No. 176/2022.

Application is registered based on a letter petition received by Post.

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:-

O. A. No. 191/2022 Sudarshan Lal Ram Vs. State of Jharkhand

I.A No. 176/2022

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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

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

DRM, Ekynk dks

lkgscxat jsyos lkbfMax can dj vU; txgksa ij

LFkkukUrjk.k djus ij fopkj fd;k x;k gS ,oa i= izsf"kr

O. A. No. 191/2022 Sudarshan Lal Ram Vs. State of Jharkhand

I.A No. 176/2022

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dh x;h gSA" The copy of the minutes of meeting is

enclosed herewith as Annexure 1.

herewith as Annexure 2.

Annexure 3. Based on facts presented before the Committee,

i. The railway marshalling yard shall stop the

loading of stone chips within 15 days with

immediate.”

4.

I.A No. 176/2022 has been filed by Mr. Alok Ranjan for impleadment

as respondent to the Original Application. The intervenor applicant has

submitted that the applicant is a mines operator and has all the requisites

for transportation of stone chips through the marshalling yard, Sahibganj.

Closing of the same will adversely affect the mining owners, transport

operators, labourers and the family members numbering around 2000 and

the loss of revenue to the tune of Rs. 100 crores without any reasonable and

cogent reasons. The intervenor applicant has further submitted that the

applicant is aggrieved by the minutes of the meeting/order dated 15.06.2022

where by the Joint Committee took the decision closing the marshalling

yard, Sahibganj with immediate effect without hearing the applicant.

5.

In the course of hearing learned counsel appearing for the intervenor

applicant has conceded that Writ Petition Civil no. 3129/2022 has been filed

before Honble High Court of Jharkhand challenging said decision which is

pending for hearing.

O. A. No. 191/2022 Sudarshan Lal Ram Vs. State of Jharkhand

I.A No. 176/2022

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6.

In view of the report of Joint Co