Pramod Kumar Sharma (40 Yrs.) vs The Union Of India Through General ...
2021 Latest Caselaw 210 Jhar

                                  [1]


        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(PIL) No.1944 of 2019
       Pramod Kumar Sharma (40 yrs.) s/o Late Babulal Sharma r/o Old
       Petrol Pump Basti, Chandil, P.O. P.S. Chandil, District Seraikella
       Kharswan.
                                                               . ... Petitioner
                                        Versus

     1. The Union of India through General Manager S.E. Railway, Garden
        Reach Kolkata, P.O., P.S. Garden Reach, Dist. Kolkata.

     2. The Divisional Railway Manager S.E. Railway Adra Division, P.O.
        P.S. Adra District Purulia West Bengal.

     3. The State of Jharkhand.

     4. The Deputy Commissioner Seraikella Kharswan, P.O. P.S. Seraikella
        District Seraikella Kharswan.

     5. The Sub Divisional Officer Chandil P.O. P.S. Chandil District
        Seraikella Kharswan.

     6. The Member Secretary, Jharkhand Pollution Control Board, Dhurwa,
        P.O., P.S. Dhurwa, District Ranchi.

     7. The Regional Officer Jharkhand State Pollution Control Board,
        Adityapur, P.O., P.S. Adityapur, District Seraikella Kharswan.
                                                             ... Respondents
                                    -------

    CORAM :            HON'BLE THE CHIEF JUSTICE
                  HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                                    -------

    For the Petitioner : Mr. H.K. Mahto, Advocate
    For the UOI        : Mr. Pradip Modi, Advocate
                         Mr. Gautam Rakesh, Advocate
    For the State      : Ms. Darshana Poddar Mishra, AAG-I
    For the JSPCB      : Mrs. Richa Sanchita, Advocate
                           ----------------------------

ORAL JUDGMENT

11/Dated 15th January, 2021
                              [2]

1. The matter has been heard through video conferencing with the

consent of the learned counsel for the parties. They have no

complaint about any audio and visual quality.

2. The instant writ petition is by way of pro bono publico for issuance

of direction upon the respondents to stop dumping / mixing /

loading / unloading of coal and iron ore on the platform No.4 of

Chandil Railway Junction to use as Coal yard, by which huge

pollution is spreading in the villages around the railway junction

and as such, the same is troublesome for the people living there.

3. We have heard the learned counsel for the petitioner and

considering the nature of the dispute have called upon respondents

to file affidavit by putting certain questions to be replied as would

appear from the order dated 18.09.2020.

4. We also directed Jharkhand State Pollution Control Board to file

affidavit with respect to the averment made in the writ petition. In

pursuance to the aforesaid directions, affidavits have been filed by

the respondent-Railway and Jharkhand State Pollution Control

Board.

It appears from the counter affidavit filed on behalf of the

respondent-Railway that for the activities, i.e., loading coal and

iron ore at Chandil Railway Station, all necessary permissions from

Jharkhand State Pollution Control Board for prevention of pollution

have duly been obtained vide Reference No.JSPCB/RO/JSR/CTO-

2883721/2019/18 dated 14.03.2019. Such permission is valid till

31.12.2022.

[3]

It has been stated that the Chandil Railway Station is

situated at Cross Road connecting areas consisting of factories.

There factories use this junction for loading/unloading raw

material/finished goods and since the Railway land is available at

Chandil, it has possibility for loading and unloading goods, hence,

the Chandil Railway Station has been developed for this purpose

also.

It has further been stated that there is no population for

atleast half kilometer from Chandil Railway Station as is alleged by

the petitioner rather station chowk is half kilometer away from

Chandil Railway Station and after that chowk, population starts.

The majority of the locals depend upon the earning from loading

and unloading the goods at Chandil Railway Station. No local

people have ever complained about such activity.

5. Another affidavit has been filed by the respondent-Railways stating

therein that after Line No.08 there is vacant land of 24 meter wide

where material is loaded for movement of trucks for loading of

material for onward movement to the destination of parties and to

demonstrate the photographs of loading/unloading have been

appended thereto.

It has further been stated that there is no link between the

Goods Shed and Platform No.4 and loading and unloading is

exclusively done from Goods Shed (Line No.08) and not at

Platform No.4 as is alleged.

[4]

6. The Jharkhand State Pollution Control Board filed an affidavit

stating inter alia therein that the Regional Officer, Jamshedpur,

carried out a detailed inspection along with Ambient Air Quality

Monitoring of Chandil Railway Station in the light of the order

dated 18.09.2020 on 03.10.2020 wherein it has been found that the

value of all parameters were observed within the limits. It is also

found that 24 numbers of fixed sprinkler have been installed along

with railway siding; boundary wall along with railway siding has

been constructed with concrete and G.I. Sheet; platform has been

made concreted; drain has also been concreted and; tree plantation

has been done.

It has further been stated that Consent to Operate (CTO)

has been granted under Sections 25 and 26 of the Water (Prevention

and Control of Pollution) Act, 1974 and under Section 21 of the Air

(Prevention and Control of Pollution) Act, 1981 vide order dated

14.03.2019.

7. We, after having heard the learned counsel for the parties and

considering the averment made by the respondent-Railways as also

the Jharkhand State Pollution Control Board, the nodal agency to

look into the grievance pertaining to the instant writ petition

wherefrom it is evident that all the requirements as required under

the Water (Prevention and Control of Pollution) Act, 1974 and the

Air (Prevention and Control of Pollution) Act, 1981 have been

fulfilled by the Railway authorities basing upon which the Consent

to Operate has been granted.

[5]

8. Admittedly, herein, the Consent to Operate the loading/unloading of

coal and iron ore granted by the competent authority, i.e., Jharkhand

State Pollution Control Board, has never been questioned by the

petitioner and in that view of the matter this Court sitting under

Article 226 of the Constitution of India cannot express any view

unless the Consent to Operate as has been granted by the Jharkhand

State Pollution Control Board, is questioned.

9. We, after considering the fact that the competent authority has

granted the Consent to Operate loading/unloading of coal and iron

ore and all basic requirements has been fulfilled by the Railway

authorities, have not found any merit in this writ petition to issue

any positive direction sitting under Article 226 of the Constitution

of India having been filed in the nature of public interest litigation.

10. Accordingly, the instant writ petition fails and is dismissed.

11. Pending interlocutory application(s), if any, also stand disposed of.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Saurabh

N.A.F.R.