CUTTACK: In a significant ruling, the National Green Tribunal (NGT’s) east zone bench has pulled up the Odisha State Pollution Control Board (OSPCB) for granting permissions in gross violation of its own environmental guidelines to the Rengali railway siding operated by East Coast Railway (ECoR) in Sambalpur district.
The petition, filed in 2024 by high court advocate Shivsankar Mohanty, alleged that loading and unloading of raw materials at the goods shed, situated at Rengali railway station, was causing serious environmental and health risks to the nearby residential population.
The bench comprising Justice B Amit Sthalekar (Judicial Member) and Dr Arun Kumar Verma (Expert Member) held that the Rengali railway siding is dangerously close to multiple sensitive public spaces. These include a government primary school at Chhauldhipa (100 m), another school at Station Basti (130 m), a modern public school (110 m), a Shiva temple (120 m), and a Maa Durga temple (95 m).
“We are surprised as to how the Consent to Establish and Consent to Operate was granted by the Odisha State Pollution Control Board at the initial stage itself,” the bench observed, pointing out that the Board had violated its own guidelines dated April 16, 2010.
Although the Rengali siding is currently non-operational and was used for only about a month, the Tribunal expressed concern over the regulatory failure. However, it ruled out the imposition of environmental compensation on the Railways, noting that the OSPCB had not alleged any fraud on the part of the former in obtaining the consents.
“The Railways cannot be penalised for the gross lapses committed by the Odisha State Pollution Control Board while granting Consent to Establish in violation of its own guidelines,” the bench stated.
The Tribunal also took note of a fresh application submitted by the Railways on August 12, 2024, seeking consent to handle 13,500 MT of coal per month at the same site. It directed that no fresh Consent to Establish be granted in violation of the existing guidelines.