The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has slapped Rs. 50 lakh fine on the East Coast Railway (ECoR) for operating an ‘illegal railway siding’ at Jakhapura Railway Station near Kalinganagar Industrial Complex in Odisha’s Jajpur district.
“We direct that East Coast Railway Division, under whose authority the illegal railway siding was in operation at Jakhapura railway station, to pay environmental compensation of Rs.50 lakh at the rate of Rs.10 lakh per annum for the five years of violation of environmental norms,” ordered a Division Bench of the NGT comprising Justice S. P. Wangdi and Prof P.C. Mishra.
The NGT Bench said the amount would have to be paid within a period of two months to the District Magistrate, Jajpur, who would spend Rs.25 lakh on infrastructure development of Primary Health Centre (PHC) at Jakhapura towards the cost of building, laboratory and instruments and the remaining Rs.25 lakh towards improving the environment in and around the railway siding and, for sanitation and supply of drinking water in the affected village.
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The railway station is located near Jakharpura village which has a population of about 7,000 with two high schools, one primary school and one primary health centre. The railway siding handles loading and unloading of raw materials like iron ore, coal and dolomite for the industrial units operating in the Kalinganagar Industrial area where major industrial units are established.
‘Without consent’
Without proper siding for handling the voluminous quantities of raw materials for loading and unloading, the railway platforms were even used as storage yard.
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One Aswini Kumar Dhal, by exercising the RTI Act, came to know that the ECoR was carrying on with the activity of loading and unloading of raw materials at the railway station without consent of the Odisha State Pollution Control Board (OSPCB), when it was a mandatory requirement under the law.
The NGT found the ECoR committing breach of both the Water Act, 1974, and the Air Act, 1981, and contributing to air and water pollution in the area since last five years till the last inspection conducted by the Board on March 25 last year.
“The tribunal upheld ‘Polluter Pays’ principle. The ECoR has been directed to pay environmental compensation under the principle,” said Sankar Pani, counsel for Mr. Dhal.
The tribunal also directed the ECoR to pay Rs.1 lakh cost to the applicant towards legal expenses. The NGT ordered that the railway siding at Jakhapura railway station shall remain closed till consent to operate was formally granted by OSPCB.
State Chief Secretary was also directed to seek appropriate explanation from the District Magistrate, Jajpur, for his misconduct in interfering with the functioning of OSPCB and take suitable penal action against him.
Moreover, the State government was also asked to constitute a high power committee to enquire into the action of the Chairman and Member Secretary of OSPCB, which revoked the closure order and thereby allowing the Railway siding at Jakhapura to undertake the activities in the absence of consent to operate certificate.
To be paid to DM, Jajpur, who will spend it on primary health centre, water and sanitation