Madhya Pradesh High Court Allows Railways To Recommence Operations Of Amlai Coal Siding Subject To Clearance From Pollution Control Board
Recently, the Madhya Pradesh High Court has allowed the Railway Administration to recommence operations of Amlai coal siding after complying with the pollution control measures suggested by the Board. On 25.04.2024, the court had taken note of a closure report issued by the Pollution Control Board, and it immediately put an end to further coal siding activities in the Amlai region of Shahdol District.
The Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf were adjudicating a PIL filed against the Amlai coal siding operation that was allegedly operating without a permit and causing health problems to the nearby residents.
During the hearing, Dy. Solicitor General Pushpendra Yadav, on behalf of the Railway Authority, submitted that the court wasn't apprised about the joint inspection led by the Pollution Control Board (PCB) that took place on 15.03.2023. Without having an opportunity to consider the said inspection where officers verified the compliance norms of the operation, the court passed the order to stop the coal siding in April 2024, the counsel added.
“…this petition is disposed of directing that in case any permission is granted for carrying out coal siding at the subject site, same shall be strictly in accordance with the conditions stipulated by the Pollution Control Board for taking adequate pollution control measures interalia the measures as noticed in the joint survey report dated 15.03.2023”, the bench sitting at Jabalpur directed after reading the joint inspection report.
Earlier, Dy. Advocate General informed the court about the difficulties faced by electricity-generating power stations post the stoppage of coal siding in the region. Refuting the railway's submissions, the petitioner argued that PCB's Consent to Operate was only effective from 2019 to 2023, and not thereafter.
Dy. Solicitor General explained that an application was filed before PCB seeking consent to operate. On the other hand, counsel for PCB intimated that he had no instructions as to why consent was not granted post-2023 and suggested that it could be due to the pendency of the current writ.
In the joint survey report, PCB observed that the coal siding had taken most of the measures that were pre-requirements for commencing operations as of 15.03.2023. These conditions included the installation of 16 sprinkler machines to control dust pollution, wind-breaking boundary walls and dense green belt on the sides, a huge capacity water tank and sprinkler mechanism, green sheets to protect tracks from coal dust, and concreted roads in the siding complex for vehicular transport. It said:
“…closure order dated 20.11.2020 mandated that prior to commencement of any operation, the operator had to ensure strict compliance with the conditions stipulated therein. Further, the joint inspection report dated 15.03.2023 after noticing the pollution control measures further mandated for taking of additional steps as noticed in the said report as well as extracted herein above”, the court held in reference to the joint inspection report.
The additional measures to be taken as mentioned by PCB included the installation of pressurized water mist spray machines, adding additional sprinkler machines in the middle of the siding, preparing an additional row of plantations on the right side of the main gate and spraying of roads near O.P.M track.
Case Title: Suman Lata Rai v. The State Of M.P. & Ors.
Case No: WP No. 17208 of 2023