Before the National Green Tribunal, Principal Bench
In the matter of Original Application No. 356/2013
S K Goyal ….Applicant
Versus
Chairperson CPCB & Others …Respondents
Rejoinder by Applicant in response to report submitted by respondent received from
Ministry of Railway Respondent No. 3
I S K Goyal, aged about 42 years son of Late Sh Sham Lal do hereby solemny
affirm & state:
NGT vide its order dated 24 Nov 2014 had constituted a committee comprising senior officers from M/o Railways, CPCB, Ministry of Petroleum & IIT Delhi and directed that “The Committee shall within the period of 6 months collect data, complete study, specify and prepare the guidelines which CPCB shall ensure are duly implemented by all concerned agencies including Respondent No. 3 in order to ensure that no pollution results from the Railway locomotive engines. These standards should be specified without default and delay and within the stipulated”.
But till date no such standards have been laid down by M/o Environment, putting a serious question mark over its willingness to comply with the orders of NGT.
The committee met several times and the minutes of proceedings have also been provided by respondent 3 as annexure. As per para 8 of the minutes of meeting of committee dated 21 May 2015 (page 21 of affidavit) “…considerable expenditure will have to be made for upgrading existing fleet of diesel locomotives to comply with International emission norms.”
Does not it clearly confirm the fact that international emission standards are already available?
I am not scientist but I know that wheel is not needed to be reinvented every time it is required. When such standards are available elsewhere in world why can’t with incremental work such thing be made to apply to India. Even if the standards are not 100% perfect, journey has to be started from somewhere. This at least will set the ball rolling. Even in vehicular emission standards changes have been made several times. No one can say standards will not be pronounced until 100% precise parameters are invented. Perfection is a journey and no one can be perfect on first day. In the year 2000 India started its journey of vehicular emission control by adapting European standards only, it is later that Bharat series was developed.
The period of 5 years demanded by Railways does not hold any logic. Are they in an negotiation mood – demand 5 years court may agree for 2-3 years? The emission standards must be notified instantly.
While the committee only discussed about the cost implication they did not consider any benefit arising out of enforcement of emission norms, besides good air the most immediate monetary benefit is improved fuel efficiency. Ministry is only bothered about money not about health of countrymen. While providing wi-fi facility in trains is a priority for railways, the need to maintain clean environment does not any feature anywhere in the list of concerns. Due to heavy smoke laden air, even today travelling in coached adjacent to diesel engine is a punishment.
--3--
The minutes of meeting confirm that Indian Railways has, in Jan 2013, commissioned a mobile emission test car at a cost of Rs.9.50 crores having imported equipment. So railways must have data gathered by this test car in last around 2.5 years. With the help of this data & other international standards MOEF must come out with standards immediately without holding it back any more.
Despite clear orders of NGT no efforts have been made by CPCB to ensure that emission standards are notified timely and enforced. While Delhi is already topping the list of most polluted cities in world, as per newspaper reports it is heading to top the list of highest deaths due to pollution.
Since initial days CPCB seems to be in an ‘indifferent’ mood. Despite being a prime Government agency bestowed with the onerous responsibility of advising & developing ways & means to fight pollution it seems to be in a relax mode. In its submission made in 2014 it had mentioned that there are a few more countries in line to notify emission standards shorty. It is requested that CPCB be directed to put up latest status of enforcement of emission standards world over, so that we can know how far we are lagging behind in the list.
Now several years have passed since I first raised this issue with CPCB/Ministries but apparently none of the respondents is in hurry on this important matter concerning health of citizens. The minutes indicate that till date even after almost 10 months of order of tribunal Specialized Agency has not been appointed to deal with the situation. Rather it is surprising that a concern has been raised by committee who would fund the expenses of developing the standards. An estimate of Rs.19 cr has been mentioned in the minutes to be spent. If we divide Rs.19 cr with 5 years and 3 contributories it works out to only around Rs.1.26 cr per annum– viewing the size of ministry this sum is peanuts. A much large sum is lost by Railways alone due to human & mechanical errors but for this larger health issue it wants a contribution? Every year Railways boast of launching new schemes for enhancing passenger comfort–will not efforts made to clean the air give an enhanced comfort to passengers? If high post Govt. officials working for different ministries are not able to sort out funding issue – then what is the point in coming to a table to discuss the issue? It is extremely unfortunate that matter of money has got precedent over larger issue of environmental. It is surprising that Railways which is heavy in corruption, is demanding money for controlling the damage caused to environment by its own diesel locomotives. If they are so concerned about this sum, they should concentrate on bringing efficiency in their operations. As per annual report of CVC 2013 Railways topped the list of most corrupt organisations attracting maximum corruption complaints. Railways Minister Suresh Prabhu also himself has also acknowledged existence of corruption at various levels in his ministry in Mar 2015.
We strongly feel that by raising money as a moving factor Railways has made mockery of order of NGT. If Railways is so cash strapped – (i) It may post a public notice and seek donation from public, (ii) Tt may approach DRDO for help in refinement of standards. We hope that DRDO may not ask money for this job, (iii) It may approach world bank or ADB for loan or (iv) It may approach European Union for grants (http://ec.europa.eu/programmes /horizon2020/en/news/help-rail-industry-cutting-pollutants-diesel-engines) for grants. Though In our view, the cost of developing & notifying standards must be borne by CPCB & M/o Environment because it is their job profile to develop & notify such standards. It is a bit frustrating that despite so many years’ efforts and even direction by NGT - CPCB & ministries are not able to show any ‘swift, intelligent & concerned’ move over the issue.
--4--
In view of above we pray that:
(i) M/o Environment be directed to notify the locomotive emission standards immediately, (ii) M/o Railway be directed to commit a timelines for compliance with emission standards. In case they require time exceeding 6 months they must submit a quarterly progress report, (iii) CPCB be directed to appoint subject matter expert for R&D or any other help to further refine the standards as notified by M/o Environment.
|
Yet another adjournment........
further adjournment..............
only adjournment............
another adjournment...............
for your reference.
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Registration Number |
MOENF/R/2018/50243 |
Name |
S K Goyal |
Date of Filing |
04-03-2018 |
RTI Fee Received |
10 |
Payment Mode |
Credit or Debit Card / RuPay Card |
SBI Reference number |
118030460462243 |
Transaction Status |
Transaction Successful |
Request filed with |
Ministry of Environment, Forest and Climate Change |
Please inform status of implementation of Emission Standards applicable to diesel locomotives of Indian Railways as ordered by NGT while disposing application number 356/2013 dated 4th Oct 2017 and also advised by Central Pollution Control Board wide its letter number B-13011/1/UPCD/NGT-Rly/2017-18/1703 dated 27th Oct 2017 addressed to Sh A K Mehta, Additional Secretary. | |
Telephone Number | |
Email Id |
...
[Message clipped]
Registration Number |
CPCBD/R/2018/50150 |
Name |
S K Goyal |
Date of Filing |
30-03-2018 |
RTI Fee Received |
10 |
Payment Mode |
Credit or Debit Card / RuPay Card |
SBI Reference number |
118033060810204 |
Transaction Status |
Transaction Successful |
Request filed with |
Central Pollution Control Board, Delhi |
Reference your letter no. B-31013/3/UPCD-I/2017-18/18685 dated 19032018 wherein you have informed that emission standard for diesel locomotive of Indian Railway is not notified. Also refer order of NGT dated 04102018 wherein CPCB accepted that guidelines including interim standards for locomotive engines to operate. In this back ground please provide following information. (i) Whether final emission standards for locomotive engines is ready. If not where it is stuck, please provide full facts and reasons for delay. (ii) Please inform in detail the facts & reasons for not notifying the pollution standards for diesel locomotives till date. Where this notification is stuck, please provide full contact detail of officer who is holding it back. |
|
Telephone Number |
0120-2230579 |
Email Id |
Registration Number |
CPCBD/A/2018/60030 |
Name |
S K Goyal |
Date of Filing |
28-04-2018 |
Appeal filed with |
Central Pollution Control Board, Delhi |
Refer letter no. B-31013/23/UPCD-I/2018 dated 20/04/2018 wherein PIO has stated that RTI application number CPCBD/R/2018/50150 dated 30/03/2018 does not qualify to be replied under RTI Act.
It is surprising that a matter of public concern has been put on back burner. It took several years for this case to be decided by NGT only due to non-cooperative attitude of CPCB and now even after more than half year the notification has not been issued by CPCB and no information provided under RTI as well. How PIO can deny information without stating any reason - Is it confidential. Instead of providing full information on this important subject matter and keeping public aware about the progress on its own by CPCB even the information has been denied under RTI making it a joke.
Please direct PIO to provide the detailed information about delay in notifying standards. |
Telephone Number |
0120-2230579 |
Email Id |
...
[Message clipped]
news covered by Hindu.
>> >>>> <DWARKA-R...@googlegroups.com>
...
[Message clipped]
Registration Number |
CPCBD/R/E/22/00198 |
Name |
S K Goyal |
Date of Filing |
09-04-2022 |
RTI Fee Received |
10 |
Payment Mode |
Internet Banking, Credit or Debit Card / RuPay Card, UPI |
SBI Reference number |
CPABOEJGY3 |
Transaction Status |
Completed Successfully |
Request filed with |
Central Pollution Control Board, Delhi |
With respect to execution application number 04/2020 and order dated 18/03/2021 please inform in detail the actions taken to comply with the NGT orders. |
|
Telephone Number |
0120-4310236 |
Email Id |
584604
|
DWARKA FORUM Dwarka Ki Awaaz (Regn No. S-63070) (A Welfare Association of Residents & RWA's / CGHS Representatives of Dwarka Sub-City)
|
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Regd. Office: 720, Pocket-1, Sector-14, Dwarka, New Delhi - 110078 |
Phone No. 011-20514195 E-mail: dwark...@gmail.com |
|
No. SKG/PMO/248 23 Sep 2022
श्री नरेंद्र मोदी, प्रधानमंत्री,
7 Lok Kalyan Marg,
New Delhi-110 001.
Sir,
PMOPG/E/2022/0255975
Reg: Pollution by Railway Locomotives.
Concerned Department: Central Pollution Control Board
Since 2010 we have been chasing the issue about uncontrolled pollution caused by railway locomotives. On not getting any response a petition was filed with National Green Tribunal where it was decided after 4 years in Oct 2017 with a direction to CPCB to frame the standards. It was still not done and an execution application (EA 04/2020) was filed in Jan 2020 where it was again concluded in March 2021 with a direction for framing the standards. However, even today nothing has happened.
Even after a struggle of 12 years nothing has happened. This is a proven case to show how reluctant, careless and indifferent authorities can be in this country. In reply to a recent RTI application CPCB stated that the work is going on. The expertise needed to just frame the standards is not available – how same will get implemented? In present times, pollution is our biggest enemy and the public has to struggle to get standards made? A scooter will get a pollution check but not a railway engine?
It is doubted that any work is going one, apparently the case seems to have been put under the carpet and closed.
It is requested that an inquiry may be initiated to find out the reasons for this unreasonable delay.
For consideration please.
Please acknowledge.
Regards,
S K Goyal
Vice President
D-103, Shivam Apartment,
Sector-12/14, Dwarka,
New Delhi-110078.