Order of the National Green Tribunal in the matter of Vikas Shakya Vs Union of India & Others dated 17/05/2023. Grievance in the application is against violation of environmental norms by M/s ACC Cement Pvt. Ltd., the project proponent (PP), Salai Banwa Grinding unit, village Salai Banwa, tehsil Obra, district Sonbhadra, Uttar Pradesh. Violations alleged are obstruction of water streams/drains flowing into river Son, a tributary of Ganga.

The report of the joint committee dated May 13, 2023 has been filed. Finding in the report is that two naturally flowing drains are passing through the project site. Hume pipes have been placed by the PP to pass the nallah through the boundary wall constructed by the unit.

It has been further found that “the huge amount of coal has been unscientifically dumped near the railway siding area and the Station Superintendent does not have any related records regarding the amount of coal dumped in that area and its ownership. The dumped coal has blocked the way of these naturally flowing drains. Though these drains are dry at present, however, this activity can adversely impact the flow and quality of water during the rainy season”.

The NGT was of the view that the free flow of a drain cannot in any manner be obstructed and the project proponent submitted that it will not undertake any activity which will obstruct the drains in question. The boundary wall and hume pipes will be removed and plantation be done on either side of the drains before proceeding with the project.

The court said that the joint committee report showed violations at railway siding of which the railway is the owner. Dumping of coal obstructing flow of the drain is violation of environmental norms and the railways are responsible to prevent and remedy such violations. The SPCB has been directed to take further action in the matter against the railway administration and file an affidavit of compliance within two months.