Gauhati HC: PCBA is free to take action against industry as per the law

Pollution due to loading and unloading at Lanka Railway Station

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair disposed of the PIL (40/2023) that was filed against a grievance regarding the pollution caused at the Lanka Railway Station while loading and unloading of the harmful dust materials like fly ash, clinker, pet coke, coal, cement, and other raw materials from one destination to another.

After hearing the counsel for the petitioner, the bench said, "We are of the view that in the 'Consent to Operate' order, the PCBA has imposed general and specific conditions upon the industry with the direction to maintain the pollution level under control on all the aspects. Needless to say, if the industry fails to maintain the pollution level under control and if it also fails to maintain adequate pollution control and safety measures, the PCBA is always free to take action against the said industry in accordance with law.

In view of the above, we are of the view that no further order is required. to be passed in this PIL petition, and the same is, therefore, disposed of."

Earlier, in its response, the Pollution Control Board, Assam (PCBA) mentioned that after receipt of the complaint about the pollution caused at the Lanka Railway Station on account of loading and unloading of raw material, it had issued notices to the railway authorities in the month of May 2024 and directed the railway authorities to take strict measures to contain the pollution at the Lanka Railway Station.

On subsequent dates, responses were filed on behalf of the Railway as well as the PCBA, and ultimately, the PCBA has issued a "Consent to Operate" on October 9, 2024, to the Lanka Goods Shed, Northeast Frontier Railway, with certain general and specific conditions. The general condition provides that the railway authorities shall take steps to contain the pollution at Lanka Railway Station during loading and unloading operations of raw materials. The specific conditions are imposed in respect of the air aspect, water aspect, plastic waste aspect, E waste aspect, and hazardous waste aspect. It is also mentioned in the "Consent to Operate" order that the unit shall submit a compliance report of the

mandated conditions by April 15, every year to the Member Secretary, PCBA, as well as to the Regional Office, Nagaon, PCBA. It is further mentioned in the "Consent to Operate" order that the PCBA will have the liberty to withdraw the "Consent to Operate" order if adequate pollution control and safety measures are not taken and the mandated conditions are not complied.

 Also read: Pollution at Lanka Railway Station: Gauhati HC asks PCBA, NF Railway to Furnish Status Reports (sentinelassam.com)

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