Re: DF: Re: Petition - Air Pollution by Railways.

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Sanjeev Goyal

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Sep 8, 2014, 11:46:45 PM9/8/14
to dwarka-residents
Latest order attached...............


Before the National Green Tribunal, Principal Bench

In the matter of Original Application No. 356/2013

S K Goyal
….Applicant

Versus

Chairperson CPCB, M/o EF and M/o Railways
…Respondents

Rejoinder by Applicant in response to responses received from IIT Delhi


I S K Goyal, aged about 42 years son of Late Sh Sham Lal do hereby
solemnly affirm & state:

The main response is introductory requiring no rejoinder.

Response to Annexure-A attached with main affidavit.

The respondent has accepted that there are regulations governing
emission in other parts of world. Not only this, even in India,
standards are available for diesel locomotives used in mines - which
confirms that task of development of emission standards is very much
feasible – the only thing is no one till date has paid due attention
to this important task.

The respondent has argued that resources are required for development
of standards, therefore I request that NGT may instruct M/o
Environment & M/o Railways to commit adequate resources for this
activity and make them available to IIT Delhi to commence the study in
a time bound manner.

Else NGT is requested to issue instruction as per its wisedom.


Verification

Verified on this 2nd day of Sep 2014 that the contents of this
affidavit are true & correct to the best of my knowledge. Nothing
material has been concealed therefrom.


(S K Goyal)
D-103 Shivam Apts, Plot-14
Sec-12, Dwarka,
N delhi-110078.




On Mon, Aug 11, 2014 at 10:18 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
> another adjournment.............
>
> On Wed, Jul 9, 2014 at 11:39 AM, REJIMON C K <reji...@gmail.com> wrote:
>> Sanjeev all your emails should go to DWARKA FORUM
>> <DWARKA-R...@googlegroups.com>
>>
>> May be worth putting these NGT orders to new Rail Minister and PMO . emails
>> are
>> sadanan...@yahoo.com, n_mod...@yahoo.com
>>
>>
>> On Tue, Jul 8, 2014 at 9:52 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
>>>
>>> Latest order - No Progress. IIT did not appear.
>>>
>>> On Sat, May 31, 2014 at 10:55 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
>>> > CPCB says it does not have expertise to deal with this matter,
>>> > accordingly it wants to make Ministry of Petroleum as a party to it.
>>> > On my request NGT also made IIT Delhi as a party to it. Next date is 7
>>> > July 2014. Order attached.
>>> >
>>> > for info.
>>> >
>>> >
>>> > On Sun, May 4, 2014 at 10:19 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
>>> >> Rejoinder For info.
>>> >>
>>> >>
>>> >> 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 responses received from
>>> >>
>>> >>
>>> >>
>>> >> (i) M/o Environment & Forests (MoEF)
>>> >> Respondent No. 2
>>> >>
>>> >> (ii) Indian Railways (IR)
>>> >> Respondent No. 3
>>> >>
>>> >>
>>> >> I S K Goyal, aged about 42 years son of Late Sh Sham Lal do hereby
>>> >> solemny affirm & state:
>>> >>
>>> >> Reply to Respondent 2:
>>> >>
>>> >> 1. In paragraph 3 to 5 the respondent only has specified the
>>> >> procedure for notification of environmental standards and does not
>>> >> require any counter reply.
>>> >>
>>> >> 2. In paragraph 6 respondent has shown its inability to proceed in
>>> >> the matter of notifying emission standards & noise norms for railway
>>> >> locomotives and is waiting for CPCB to forward such proposal.
>>> >>
>>> >> 3. In paragraph 4 respondent 2 has accepted that some time
>>> >> reference is also made by it to CPCB to carry out environmental
>>> >> standards for a particular industry. But in this case no such
>>> >> reference has been made to CPCB concerning railway locomotives, hence
>>> >> this huge quantum of pollutant is going un-checked.
>>> >>
>>> >> 4. First emission norms were, for road traffic, introduced in 1991,
>>> >> and a series of standards were rolled out starting from ‘India 2000’
>>> >> in the year 2000. Order of Supreme Court in 1999 also helped pushing
>>> >> these reforms. Despite the fact that there are 4 broad category of
>>> >> means of transport i.e. road, railway, air & water, MoEF has only
>>> >> notified emission standards for road transport totally ignoring all
>>> >> other means.
>>> >>
>>> >> Reply to Respondent 3:
>>> >>
>>> >> 5. Paragraph 1 to 5 are introductory & preliminary submissions does
>>> >> not require any specific response.
>>> >>
>>> >> 6. Paragraph 5 to 7 are statement of facts & working methodology of
>>> >> IR and its plans about increasing energy efficiency.
>>> >>
>>> >> 7. Paragraph 8 is reply to the grounds: The respondent has
>>> >> emphatically stated that IR diesel locomotives are very fuel efficient
>>> >> and are taking all steps to reduce carbon emission. However it is a
>>> >> fact that diesel locomotives deployed by IR still does not undergo any
>>> >> Pollution Test as confirmed by Director Mechanical Engineering
>>> >> (Traction) vide letter no. 2012/Fuel/282/7/RTI (copy attached for
>>> >>
>>> >> --PTO--
>>> >>
>>> >> --2--
>>> >>
>>> >>
>>> >>
>>> >> ready reference). As of date not even emission norms have been
>>> >> standardized for rail traffic how its follow up would be ensured.
>>> >>
>>> >> In paragraph 4 (F) of its reply the respondent has accepted that
>>> >> locomotive emission standards are in vogue in USA & Europe for past
>>> >> many years. If those countries can do it – there is no reason why
>>> >> India cannot standardize emission norms. Rather given the high
>>> >> pollution level India is much needy of such norms.
>>> >>
>>> >>
>>> >> Indian Railways (IR) is using diesel locomotives for past almost 6
>>> >> decades and absence of emission standards, despite high technological
>>> >> advancement, only shows lack of willingness. If IR finds it a
>>> >> difficult task it could have roped in any of the IITs for the job.
>>> >>
>>> >>
>>> >> IR is emphasizing that it has done a lot for improving fuel
>>> >> efficiency. However, based on whatever little technological knowledge
>>> >> I understand that topics of fuel efficiency and setting emission norms
>>> >> are not 100% same. Though there are certain common factors but
>>> >> ‘emission’ has another set of factors distinct from fuel efficiency.
>>> >>
>>> >> 8. Central Pollution Control Board:
>>> >>
>>> >> As per proceeding during last hearing on 22 April 2014 it clearly
>>> >> appears that CPCB has still not rolled up its sleeves for the task.
>>> >> CPCB is trying to project as if this is a very tough task and would
>>> >> take years altogether. Despite clear instruction of NGT in its hearing
>>> >> on 13 March 2014 the CPCB has refrained from submitting any kind of
>>> >> reply to the issue.
>>> >>
>>> >> I would like to submit that Supreme Court has played an important role
>>> >> in enforcing standardizing emission norms for road traffic and now
>>> >> almost a decade and half is past neither IR nor CPCB has thought of
>>> >> taking the task further by prescribing the emission standards either
>>> >> for railways of air traffic. I, therefore, request NGT to issue time
>>> >> bound instruction to CPCB & IR to act swiftly for the cause.
>>> >>
>>> >> Verification
>>> >>
>>> >> Verified on this 4th day of May 2014 that the contents of this
>>> >> affidavit are true & correct to the best of my knowledge. Nothing
>>> >> material has been concealed therefrom.
>>> >>
>>> >>
>>> >> (S K Goyal)
>>> >>
>>> >>
>>> >> On Sun, May 4, 2014 at 8:45 PM, REJIMON C K <reji...@gmail.com>
>>> >> wrote:
>>> >>> may share with media
>>> >>>
>>> >>>
>>> >>> On Sat, May 3, 2014 at 7:53 PM, Sanjeev Goyal <cwa...@gmail.com>
>>> >>> wrote:
>>> >>>>
>>> >>>> Latest order by NGT.
>>> >>>>
>>> >>>> On Sun, Mar 16, 2014 at 9:25 PM, Sareen Dwarka
>>> >>>> <sareen...@gmail.com>
>>> >>>> wrote:
>>> >>>> > Great going sir Ji .
>>> >>>> >
>>> >>>> > Sent from my iPhone
>>> >>>> >
>>> >>>> > On 16-Mar-2014, at 7:08 PM, Mahendra Kumar Gupta
>>> >>>> > <mkgup...@gmail.com>
>>> >>>> > wrote:
>>> >>>> >
>>> >>>> > Good going, Sanjeev ji.
>>> >>>> >
>>> >>>> >
>>> >>>> > On Sun, Mar 16, 2014 at 6:19 PM, Sanjeev Goyal <cwa...@gmail.com>
>>> >>>> > wrote:
>>> >>>> >>
>>> >>>> >> for information: Still no reply by parties??? NGT warns to impose
>>> >>>> >> penalty.
>>> >>>> >>
>>> >>>> >>
>>> >>>> >> Order dated 13 March 2014.
>>> >>>> >>
>>> >>>> >>
>>> >>>> >> BEFORE THE NATIONAL GREEN TRIBUNAL,
>>> >>>> >> PRINCIPAL BENCH, NEW DELHI
>>> >>>> >> Original Application No. 356 of 2013
>>> >>>> >> S.K. Goyal Vs. Sh. Ajay Tyagi, Chairperson, CPCB & Anr.
>>> >>>> >> CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
>>> >>>> >> HON'BLE MR. JUSTICE U.D. SALVI, JUDICIAL MEMBER
>>> >>>> >> HON'BLE MR. DR. D.K. AGRAWAL, EXPERT MEMBER
>>> >>>> >> HON'BLE MR. B.S. SAJWAN, EXPERT MEMBER
>>> >>>> >> HON'BLE DR. R.C. TRIVEDI, EXPERT MEMBER
>>> >>>> >> Present: Applicant: Mr. S.K. Goyal, Applicant in person
>>> >>>> >> Respondent No. 1: Ms. Alpana Poddar, Advocate
>>> >>>> >> Respondent No. 2: Mr. Vikas Malhotra and Mr. M.P. Sahay
>>> >>>> >> Advocates
>>> >>>> >> Respondent No. 3: Mr. Om Prakash, Adv.
>>> >>>> >> Date and Remarks Item No. 4 March 13, 2014
>>> >>>> >>
>>> >>>> >> Orders of the Tribunal
>>> >>>> >>
>>> >>>> >> Learned counsel appearing for the respective Respondents pray for
>>> >>>> >> further time to file the Replies. Let the Replies now be
>>> >>>> >> positively
>>> >>>> >> filed within three weeks from today failing of which, we will be
>>> >>>> >> compelled to impose heavy costs on all the Respondents.
>>> >>>> >>
>>> >>>> >> Rejoinder(s) thereto, if any, be filed within one week thereafter
>>> >>>> >> with
>>> >>>> >> advance copy to all the Learned counsel appearing in the case.
>>> >>>> >> List this case on 22nd April, 2014.
>>> >>>> >>
>>> >>>> >> ........................................,CP (Swatanter Kumar)
>>> >>>> >> ........................................,JM (U.D. Salvi)
>>> >>>> >> .........................................,EM (Dr. D.K. Agrawal)
>>> >>>> >> .........................................,EM (B.S. Sajwan)
>>> >>>> >>
>>> >>>> >> On Mon, Jan 20, 2014 at 9:17 AM, REJIMON C K <reji...@gmail.com>
>>> >>>> >> wrote:
>>> >>>> >>
>>> >>>> >> > good
>>> >>>> >> > remind me on 05/02/2014 & time of 6 I will b around golf links
>>> >>>> >> > will try
>>> >>>> >> >
>>> >>>> >> > On 19 Jan 2014 21:36, "Sanjeev Goyal" <cwa...@gmail.com> wrote:
>>> >>>> >> >>
>>> >>>> >> >> There are 2 cases (one for paper wastage & another for
>>> >>>> >> >> pollution by
>>> >>>> >> >> Railway locomotives) both listed for hearing on 6 Feb 14. In
>>> >>>> >> >> total
>>> >>>> >> >> there are 5 parties opposite to me. I request if any one would
>>> >>>> >> >> like
>>> >>>> >> >> to
>>> >>>> >> >> devote his time to take the cases forward and to attend the
>>> >>>> >> >> hearing.
>>> >>>> >> >>
>>> >>>> >> >> On Sun, Jan 12, 2014 at 6:43 PM, REJIMON C K
>>> >>>> >> >> <reji...@gmail.com>
>>> >>>> >> >> wrote:
>>> >>>> >> >> > First of all appreciate on filing such case
>>> >>>> >> >> >
>>> >>>> >> >> > since notice issued to other's its for other s
>>> >>>> >> >> >
>>> >>>> >> >> > I wish we cud file one for garbage pollution especially MSW
>>> >>>> >> >> > HR
>>> >>>> >> >> >
>>> >>>> >> >> > On 12 Jan 2014 09:58, <sushil...@gmail.com> wrote:
>>> >>>> >> >> >>
>>> >>>> >> >> >> It means whatever information has been asked to be filed in
>>> >>>> >> >> >> three
>>> >>>> >> >> >> days.
>>> >>>> >> >> >> Sent from my BlackBerry(R) smartphone
>>> >>>> >> >> >>
>>> >>>> >> >> >> -----Original Message-----
>>> >>>> >> >> >> From: Sanjeev Goyal <cwa...@gmail.com>
>>> >>>> >> >> >> Sender: df...@googlegroups.com
>>> >>>> >> >> >> Date: Sun, 12 Jan 2014 09:26:11
>>> >>>> >> >> >> To: <df...@googlegroups.com>
>>> >>>> >> >> >> Reply-To: df...@googlegroups.com
>>> >>>> >> >> >> Subject: Re: DF: Re: Petition - Air Pollution by Railways.
>>> >>>> >> >> >>
>>> >>>> >> >> >> Please see the order and advise me - what does line 3 mean?
>>> >>>> >> >> >>
>>> >>>> >> >> >> "We have heard the Applicant who appears in person.
>>> >>>> >> >> >>
>>> >>>> >> >> >> Notice be issued to the Respondents by registered
>>> >>>> >> >> >> post/acknowledgment
>>> >>>> >> >> >> due and Dasti as well.
>>> >>>> >> >> >>
>>> >>>> >> >> >> Requisites to be filed within three days from today.
>>> >>>> >> >> >>
>>> >>>> >> >> >> Notice returnable on 06th February, 2014.
>>> >>>> >> >> >>
>>> >>>> >> >> >> Learned counsel appearing for Respondent No. 1 puts in
>>> >>>> >> >> >> appearance
>>> >>>> >> >> >> and
>>> >>>> >> >> >> prays for time to file the Reply. Let the Reply be filed
>>> >>>> >> >> >> within
>>> >>>> >> >> >> two
>>> >>>> >> >> >> weeks from today with advance copy to the Applicant who may
>>> >>>> >> >> >> file
>>> >>>> >> >> >> Rejoinder thereto, if any, within one week thereafter.
>>> >>>> >> >> >>
>>> >>>> >> >> >> List this case on 06th February, 2014."
>>> >>>> >> >> >>
>>> >>>> >> >> >> Sanjeev
>>> >>>> >> >> >>
>>> >>>> >> >> >>
>>> >>>> >> >> >>
>>> >>>> >> >> >>
>>> >>>> >> >> >>
>>> >>>> >> >> >> On Sun, Jan 12, 2014 at 8:39 AM, Sanjeev Goyal
>>> >>>> >> >> >> <cwa...@gmail.com>
>>> >>>> >> >> >> wrote:
>>> >>>> >> >> >> > Case admitted by 5 member bench of NGT, on 9 Jan 14,
>>> >>>> >> >> >> > headed by
>>> >>>> >> >> >> > justice Swatantar Kumar next date is 6 Feb 2014. Railways
>>> >>>> >> >> >> > also
>>> >>>> >> >> >> > made a
>>> >>>> >> >> >> > party.
>>> >>>> >> >> >> >
>>> >>>> >> >> >> > for info.
>>> >>>> >> >> >> >
>>> >>>> >> >> >> > On Wed, Dec 25, 2013 at 4:39 PM, Sanjeev Goyal
>>> >>>> >> >> >> > <cwa...@gmail.com>
>>> >>>> >> >> >> > wrote:
>>> >>>> >> >> >> >> Advance Copy
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Form I
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> [See rule 8(1)]
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Before the National Green Tribunal sitting at Delhi
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Memorandum of Application
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> (under section 18(1) read with sections 14,15,16 & 17 of
>>> >>>> >> >> >> >> National
>>> >>>> >> >> >> >> Green Tribunal Act, 2010)
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Application No.__________
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Between:
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> S K Goyal s/o Late Sh Sham Lal,
>>> >>>> >> >> >> >> Resident of D-103 Shivam Apartment,
>>> >>>> >> >> >> >> Plot-14, Sec-12, Dwarka,
>>> >>>> >> >> >> >> New Delhi-110078
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> ...Applicant
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> AND
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Sh Ajay Tyagi, Chairperson
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Central Pollution Control Board,
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> 'Parivesh Bhavan', East Arjun Nagar,
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Delhi - 110 032.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> ...Respondents
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> 1) The address of applicant is given above for the
>>> >>>> >> >> >> >> service
>>> >>>> >> >> >> >> of
>>> >>>> >> >> >> >> notices of this application.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> 2) The addresses of the Respondent are given above for
>>> >>>> >> >> >> >> service
>>> >>>> >> >> >> >> of
>>> >>>> >> >> >> >> notices of the application
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> 3) The applicant above named begs to present the
>>> >>>> >> >> >> >> Memorandum
>>> >>>> >> >> >> >> of
>>> >>>> >> >> >> >> Application on the grounds set out hereunder:
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Facts in brief: Environment protection is one of the most
>>> >>>> >> >> >> >> important
>>> >>>> >> >> >> >> topic impacting every ones life in a significant way. The
>>> >>>> >> >> >> >> vehicular
>>> >>>> >> >> >> >> emission is one of the main causes of air pollution. In
>>> >>>> >> >> >> >> order
>>> >>>> >> >> >> >> to
>>> >>>> >> >> >> >> assist checking air pollution Govt constituted Central
>>> >>>> >> >> >> >> Pollution
>>> >>>> >> >> >> >> Control Board almost 40 years ago inter alia, with
>>> >>>> >> >> >> >> following
>>> >>>> >> >> >> >> main
>>> >>>> >> >> >> >> objects:
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> · A) Advise the Central Government on any matter
>>> >>>> >> >> >> >> concerning
>>> >>>> >> >> >> >> prevention and control of water and air pollution and
>>> >>>> >> >> >> >> improvement
>>> >>>> >> >> >> >> of
>>> >>>> >> >> >> >> the quality of air.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> · B) Plan and cause to be executed a nation-wide
>>> >>>> >> >> >> >> programm
>>> >>>> >> >> >> >> for
>>> >>>> >> >> >> >> the prevention, control or abatement of water and air
>>> >>>> >> >> >> >> pollution;
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> · D) Provide technical assistance and guidance to
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> State
>>> >>>> >> >> >> >> Boards, carry out and sponsor investigation and research
>>> >>>> >> >> >> >> relating
>>> >>>> >> >> >> >> to
>>> >>>> >> >> >> >> problems of water and air pollution, and for their
>>> >>>> >> >> >> >> prevention,
>>> >>>> >> >> >> >> control
>>> >>>> >> >> >> >> or abatement;
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> · E) Plan and organise training of persons
>>> >>>> >> >> >> >> engaged in
>>> >>>> >> >> >> >> programme on the prevention, control or abatement of
>>> >>>> >> >> >> >> water and
>>> >>>> >> >> >> >> air
>>> >>>> >> >> >> >> pollution;
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> · F) Lay down, modify or annul, in consultation
>>> >>>> >> >> >> >> with
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> State
>>> >>>> >> >> >> >> Governments concerned, the standards for stream or well,
>>> >>>> >> >> >> >> and
>>> >>>> >> >> >> >> lay
>>> >>>> >> >> >> >> down
>>> >>>> >> >> >> >> standards for the quality of air; and
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Above objects, beyond doubt, essentially indicates all
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> deeds
>>> >>>> >> >> >> >> required to control & abate air & water pollution falls
>>> >>>> >> >> >> >> within
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> jurisdiction of CPCB. One of the main reasons of air
>>> >>>> >> >> >> >> pollution
>>> >>>> >> >> >> >> is
>>> >>>> >> >> >> >> vehicles, which could actually be a motor car, train or
>>> >>>> >> >> >> >> aero
>>> >>>> >> >> >> >> plane.
>>> >>>> >> >> >> >> While there are stringent emission standards fixed for
>>> >>>> >> >> >> >> traffic
>>> >>>> >> >> >> >> plying
>>> >>>> >> >> >> >> on roads there is complete absence of any regulation for
>>> >>>> >> >> >> >> diesel
>>> >>>> >> >> >> >> locomotives & aero planes. As per information Indian
>>> >>>> >> >> >> >> Railways
>>> >>>> >> >> >> >> consumed
>>> >>>> >> >> >> >> a whopping quantity of 256 crores liters of diesel during
>>> >>>> >> >> >> >> 2010-11
>>> >>>> >> >> >> >> alone. If you compare it to ordinary motor car which
>>> >>>> >> >> >> >> consumes
>>> >>>> >> >> >> >> one
>>> >>>> >> >> >> >> liter for 12 kilometers and runs for 40 kilometers a day,
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> diesel
>>> >>>> >> >> >> >> consumed by IR is at par with 76.80 crore cars. At
>>> >>>> >> >> >> >> present
>>> >>>> >> >> >> >> India
>>> >>>> >> >> >> >> is
>>> >>>> >> >> >> >> having around 15 crores registered vehicles. So in a way,
>>> >>>> >> >> >> >> there
>>> >>>> >> >> >> >> are
>>> >>>> >> >> >> >> emission standards in place for 15 crore vehicles plying
>>> >>>> >> >> >> >> on
>>> >>>> >> >> >> >> road
>>> >>>> >> >> >> >> but
>>> >>>> >> >> >> >> NOT for equivalent 76.80 crores vehicles on railway
>>> >>>> >> >> >> >> track?
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Not specification of discharge standards by railway
>>> >>>> >> >> >> >> locomotives
>>> >>>> >> >> >> >> is a
>>> >>>> >> >> >> >> case of gross negligence on the part of CPCB.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> On getting information from IR about non-specification of
>>> >>>> >> >> >> >> any
>>> >>>> >> >> >> >> information I initiated a dialogue from CPCB about
>>> >>>> >> >> >> >> framing
>>> >>>> >> >> >> >> such
>>> >>>> >> >> >> >> standards but after many exchange of letters CPCB
>>> >>>> >> >> >> >> declined to
>>> >>>> >> >> >> >> handle
>>> >>>> >> >> >> >> the issue being not falling within its jurisdiction.
>>> >>>> >> >> >> >> However,
>>> >>>> >> >> >> >> on
>>> >>>> >> >> >> >> my
>>> >>>> >> >> >> >> challenge the same was accepted but being grossly ignored
>>> >>>> >> >> >> >> by
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> board. Till date file has not moved a inch. In response
>>> >>>> >> >> >> >> to my
>>> >>>> >> >> >> >> RTI
>>> >>>> >> >> >> >> query the PIO has vide letter no. CPCB/CC/RTI/2013-14/969
>>> >>>> >> >> >> >> dated
>>> >>>> >> >> >> >> 03
>>> >>>> >> >> >> >> May
>>> >>>> >> >> >> >> 2013, informed that CPCB has not done any work for
>>> >>>> >> >> >> >> preparation
>>> >>>> >> >> >> >> of
>>> >>>> >> >> >> >> such
>>> >>>> >> >> >> >> standards. I further issue another request to CPCB to
>>> >>>> >> >> >> >> frame
>>> >>>> >> >> >> >> such
>>> >>>> >> >> >> >> standards wide letter no. SKG/CPCB/008 dated 22 June 2013
>>> >>>> >> >> >> >> (Annexure-1)
>>> >>>> >> >> >> >> but there is no response till date.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Grounds: Given the fact that air quality is deteriorating
>>> >>>> >> >> >> >> day-by-day
>>> >>>> >> >> >> >> the urgency & importance of task need not be proved. It
>>> >>>> >> >> >> >> is
>>> >>>> >> >> >> >> rather
>>> >>>> >> >> >> >> unfortunate that the environmental matter directly
>>> >>>> >> >> >> >> connected
>>> >>>> >> >> >> >> with
>>> >>>> >> >> >> >> health of crores of people is gathering dust. It is not
>>> >>>> >> >> >> >> the
>>> >>>> >> >> >> >> interest
>>> >>>> >> >> >> >> of any one to keep framing of such standards in abeyance.
>>> >>>> >> >> >> >> I,
>>> >>>> >> >> >> >> therefore, request that emission standards for railway
>>> >>>> >> >> >> >> locomotives
>>> >>>> >> >> >> >> be
>>> >>>> >> >> >> >> framed & notified on priority.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Limitations:
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Prayer: I request NGT to intervene and issue directives
>>> >>>> >> >> >> >> to
>>> >>>> >> >> >> >> Central
>>> >>>> >> >> >> >> Pollution Control Board to urgently frame the guidelines
>>> >>>> >> >> >> >> for
>>> >>>> >> >> >> >> controlling air pollution caused by railway locomotives.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Signature of applicant
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Verification
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> I S K Goyal s/o Late Sh Sham Lal, age 42 resident of
>>> >>>> >> >> >> >> D-103
>>> >>>> >> >> >> >> Shivam
>>> >>>> >> >> >> >> Apartment, Plot-14, Sec-12, Dwarka, New Delhi-110078 do
>>> >>>> >> >> >> >> hereby
>>> >>>> >> >> >> >> verify
>>> >>>> >> >> >> >> the that all the above information is true to my personal
>>> >>>> >> >> >> >> knowledge
>>> >>>> >> >> >> >> and that I not suppressed any material facts.
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Date: 25 Dec 2013
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Place: New Delhi
>>> >>>> >> >> >> >>
>>> >>>> >> >> >> >> Signature
>>> >>>> >> >> >> >
>>> >>>> >> >> >> > --
>>> >>>> >> >> >> > --
>>> >>>> >> >> >> > You received this message because you are a Member of
>>> >>>> >> >> >> > Dwarka
>>> >>>> >> >> >> > Forum:
>>> >>>> >> >> >> >
>>> >>>> >> >> >> > To post to this group, send email to
>>> >>>> >> >> >> > dwarka...@googlegroups.com
>>> >>>> >> >> >> > ---
>>> >>>> >> >> >> > You received this message because you are subscribed to
>>> >>>> >> >> >> > the
>>> >>>> >> >> >> > Google
>>> >>>> >> >> >> > Groups "dwarka-forum" group.
>>> >>>> >> >> >> > To unsubscribe from this group and stop receiving emails
>>> >>>> >> >> >> > from
>>> >>>> >> >> >> > it,
>>> >>>> >> >> >> > send
>>> >>>> >> >> >> > an email to dwarka-forum...@googlegroups.com.
>>> >>>> >> >> >> > For more options, visit
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NGT Railway 20140905.pdf

Sanjeev Goyal

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Nov 28, 2014, 11:31:09 AM11/28/14
to dwarka-residents
NGT pronounced decision with direction to frame emission standards
within 6 month without any delay.



BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

Original Application No. 356 of 2013

S.K. Goyal Vs. Sh. Ajay Tyagi, Chairperson, CPCB & Anr.

CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON


Respondent No. 1: Ms. Alpana Poddar, Adv.

Respondent No. 3: Mr. Om Prakash, Adv. with Mr. Honry Kolawar, Adv.

Respondent No. 4: Mr. B.V. Niren, Adv.

Respondent No. 5: Mr. N.C. Chouhan

Mr. Vikas Malhotra and Mr. M.P. Sahay Advocates for MoEF Date and Remarks

Orders of the Tribunal

Item No. 5

November 24, 2014

A

We have heard the Learned Counsel appearing for the parties.

Nobody is present on behalf of the Applicant.

We dispose of this Application with a direction to Respondent No. 3,
Secretary or his nominee not below the rank of Additional Secretary to
hold a meeting within four weeks from today. The meeting shall be held
with the Member Secretary of CPCB, the concerned Prof. from IIT Delhi
and a representative of the Ministry of Petroleum.

This Committee would be at liberty to approach any specialised body
anywhere in the country for necessary consultation and advice as it
may deem fit and proper.

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 schedule as
aforeindicated. Compliance report thereto should be submitted before
Registry of the Tribunal.

With the above directions Original Application No. 356 of 2013 stands
disposed of while leaving the parties to bear their own costs.

..………………………………….,CP

(Swatanter Kumar)

.………………………………

Sareen Dwarka

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Nov 28, 2014, 12:09:49 PM11/28/14
to dwarka-r...@googlegroups.com
Kudos Goyal Sahib :)

Sent from my iPhone
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Mahendra Kumar Gupta

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Nov 28, 2014, 9:41:56 PM11/28/14
to dwarka-residents
Kudos. Now, DF has entered in the second phase of activism.  Taking up causes legally also, PIL on water which is yielding results.  Furthermore, our Secy. Sanjeev Goyal ji filing slew of cases on environment in NGT and in transport sector etc.  

If u require, I may attend hearing at NGT on 12th as absence of applicant or his representative may have adverse impact on the NGT about our seriousness to the cause.

Sanjeev Goyal

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Nov 29, 2014, 4:14:29 AM11/29/14
to dwarka-residents
Of course we can co-ordinate over phone.

Thanks

S K Goyal

On Sat, Nov 29, 2014 at 8:00 AM, Mahendra Kumar Gupta

Sanjeev Goyal

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Dec 28, 2014, 11:11:52 AM12/28/14
to dwarka-residents
news covered by Hindu.
NGT Railways.pdf

Sanjeev Goyal

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Jul 6, 2015, 11:52:16 AM7/6/15
to dwarka-residents, akanks...@thehindu.co.in
Submission by Indian Railways they are demanding 5 years to develop emission standards for railway locomotives.
Affidavit by Railways in NGT 28.05.2015.pdf

Mahendra Kumar Gupta

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Jul 7, 2015, 4:15:30 AM7/7/15
to dwarka-residents
Sanjeev ji, please read it again. this may be five months not five years, may be typing mistake in the affidavit.

Sanjeev Goyal

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Sep 11, 2015, 6:09:02 AM9/11/15
to dwarka-residents
This is 5 Years only. 

Again date, 

Railway says it will cost Rs.19 crores to develop standards over a period of 5 years and it wants contribution from M/o Railways, CPCB etc. to fund the project.

I did not ask for more time, I was ready to forward my verbal arguments, but order records it.
20150908 NGT Railways.pdf

Sanjeev Goyal

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Sep 25, 2015, 2:01:11 PM9/25/15
to dwarka-residents
Rejoinder:

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.

 

Sanjeev Goyal

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Oct 31, 2015, 10:07:42 AM10/31/15
to dwarka-residents
Railway filed report and adjourned to 23 Nov 2015.

20151028 NGT Railways.pdf

Sanjeev Goyal

unread,
Dec 6, 2015, 8:55:14 AM12/6/15
to dwarka-residents
Surprising focus shift from pollution to dirty station.............
20151123 NGT Railways.pdf

REJIMON C K

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Dec 6, 2015, 11:26:31 PM12/6/15
to DWARKA FORUM
The NGT need to give FIRM directions.
As there were many rules in the past existing.
Every time some court commissioner- then what ?
They need to fix responsibility- Some head must roll.




REJIMON C K.
Sent over wireless Network ... 

REJIMON C K

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Dec 7, 2015, 4:58:06 AM12/7/15
to DWARKA FORUM
Sanjiv
This is just reported . is it the same case ?

ANI: NGT imposes fine of Rs.5 lakhs on railways for failure to keep tracks & platforms in New Delhi clean.




Sanjeev Goyal

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Dec 25, 2015, 9:30:23 AM12/25/15
to dwarka-residents
Railways exposed : 

Test report confirms actual emission from locomotives is much more than international standards. Another date for railway to submit report within 6 weeks.

 
20151222 NGT Railways.pdf

Sanjeev Goyal

unread,
Feb 14, 2016, 11:53:06 AM2/14/16
to dwarka-residents, akanks...@thehindu.co.in
another adjournment...............

On Fri, Dec 25, 2015 at 2:03 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
for your reference.
20160209 NGT Railways.pdf

Sanjeev Goyal

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Mar 27, 2016, 3:11:20 AM3/27/16
to dwarka-residents, akanks...@thehindu.co.in
Another adjournment - no progress.

...

[Message clipped]  

20160321 NGT Railways.pdf

Sanjeev Goyal

unread,
Apr 13, 2016, 12:02:17 PM4/13/16
to dwarka-residents, akanks...@thehindu.co.in
only adjournment............
20160407 NGT Railways.pdf

Sanjeev Goyal

unread,
May 8, 2016, 5:22:09 AM5/8/16
to dwarka-residents, akanks...@thehindu.co.in
further adjournment..............
20160503 NGT Railway 20160503.pdf

Sanjeev Goyal

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Jun 23, 2016, 8:09:22 AM6/23/16
to dwarka-residents, akanks...@thehindu.co.in
Yet another adjournment........
20160531 NGT Railway 20160531.pdf

Sanjeev Goyal

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Aug 11, 2016, 12:59:24 PM8/11/16
to dwarka-residents, akanks...@thehindu.co.in
New Date.

Yet another adjournment........

further adjournment..............

only adjournment............

another adjournment...............

for your reference.


news covered by Hindu.

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20160805 NGT Railways.pdf

Sanjeev Goyal

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Dec 27, 2016, 9:52:34 PM12/27/16
to dwarka-residents, akanks...@thehindu.co.in
Date after date - NGT itself frustrated - total lack of coordination among Government agencies. Whole nation worried about pollution but no action.
 

On Sun, Oct 2, 2016 at 9:24 PM, Sanjeev Goyal <cwa...@gmail.com> wrote:
further date...........

...

[Message clipped]  


20161223 NGT Railways.pdf

Sanjeev Goyal

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Feb 13, 2017, 12:26:54 PM2/13/17
to dwarka-residents, akanks...@thehindu.co.in
Another date.................next date 1 March 2017.

...

[Message clipped]  

Sanjeev Goyal

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May 4, 2017, 4:16:11 AM5/4/17
to dwarka-residents, akanks...@thehindu.co.in
around half dozen dates in last 2 months and again a new date.............NGT seems to be help less against bureaucrats.
20170301 NGT Railway Pollution.pdf
201703012 NGT Railway Pollution.pdf
201703014 NGT Railway Pollution.pdf
201703022 NGT Railway Pollution.pdf
201704019 NGT Railway Pollution.pdf

Sushil Kumar

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May 4, 2017, 4:37:26 AM5/4/17
to dwarka-r...@googlegroups.com
Tareekh pe tareekh.

Dont know why NGT is so slow here otherwise it is very prompt in many cases.

But no option but to wait.

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Arun Banerjee

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May 4, 2017, 12:11:14 PM5/4/17
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Dwarka
Use email save tree, 
Save electricity and potable water. TO SAVE THE EARTH

JAI PRAKASH Tiwaree

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May 5, 2017, 1:10:44 AM5/5/17
to dwarka-r...@googlegroups.com
IT IS FUNNY THAT PEOPLE NOT USING PUBLIC TRANSPORT ARE PASSING JUDGEMENT ON POLLUTION.

news covered by Hindu.

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REJIMON C K

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May 5, 2017, 4:34:06 AM5/5/17
to dwarka-r...@googlegroups.com
Mr Tiwari,

What FUN you found in this?

What a logic you found? 


...

Sanjeev Goyal

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May 25, 2017, 12:23:26 PM5/25/17
to dwarka-residents
Two more dates..............next on 25 July 2017

...

[Message clipped]  

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