URGENT APPLICATION · Web viewDr Annie Besant Road, Worli, Mumbai – 400030 MANGALAM CEMENT LTD....

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

MEMORANDUM OF APPLICATION(Under Sec. 18 read with Sec. 14, 15 & 17 of the NGT Act,

2010)

ORIGINAL APPLICATION NO. OF 2016

BETWEEN

NEENA PRADEEP ... Applicant

AND

UNION OF INDIA AND ORS. ... Respondents

URGENT APPLICATION

To,

The Registrar General,National Green TribunalFaridkot House, Copernicus Marg, New Delhi - 110 001.

Sir,Kindly treat the accompanying Original Application as

an urgent one in accordance with the NGT Act and Rules made thereunder on the grounds of increasing air pollution in the National Capital Region.

Yours faithfully,

APPLICANTThrough:

ABHISHEK VIKRAM Advocate

D/2396-A/2007283, Lawyers Chamber II,

Delhi High Court,

New Delhi – 110003

New Delhi Ph: (+91)844768555717.02.2016 Email: [email protected]

BEFORE THE NATIONAL GREEN TRIBUNALPRINCIPAL BENCH, NEW DELHI

MEMORANDUM OF APPLICATION

(Under Sec. 18 read with Sec. 14, 15 & 17 of the NGT Act, 2010)


BETWEEN

NEENA PRADEEP ...

Applicant

AND

UNION OF INDIA AND ORS. ...

Respondents

PAPER BOOK

APPLICATION U/S 18(1) R/W Sec. 14 & 15 OF NGT

ACT, 2010

Compilation- I

(FOR INDEX KINDLY SEE INSIDE)

APPLICANTThrough:



Delhi High Court,

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI




BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

PAPER BOOK

APPLICATION U/S 18 R/W Sec. 14, 15 & 17 OF NGT

ACT, 2010

Compilation- II


APPLICANTThrough:



Delhi High Court,





2010)


BETWEEN

NEENA PRADEEP ... Applicant

AND

UNION OF INDIA AND ORS. ... Respondents

INDEX

Compilation I

Sl.No. Particulars

Pages

1. Bank Draft of fees of Rs. 1000 in favour of NGT, New Delhi

2. Application under Sec 18 r/w Sec. 14, 15 & 17 of the NGT Act, 2010 along with duly at-tested affidavit.

3. Vakalatnama

APPLICANTThrough:



Delhi High Court,








BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

INDEX

Compilation II

Sl.No. Particulars

Pages

1. Annexure A-1A copy of the Real Time Ambi-ent Air Quality Data as recorded on 28.01.2016 for Anand Vihar, Mandir Marg, Punjabi Bagh and Civil Lines

2. Annexure A-2A copy of the Indian Express article dated 14.01.2016.

3. Annexure A-3A copy of the ToI Article dated 19.08.2015

4. Annexure A-4

A copy of Tribune article dated 30.04.2015

5. Annexure A-5A copy of The Hindu Article dated 04.12.2013

6. Annexure A-6A copy of Notification S.O. 728(E) dated 18.10.1996

7. Annexure A-7A copy of the Excise Challan cum Invoice of Respondent No. 11 dated 22.12.2015

8. Annexure A-8 (Colly)A copy of the Excise Challan cum Invoice No. 0000013466 and 0000013469 dated 23.01.2016

9. Annexure A-9A copy of the details of the Railway Siding owned by Re-spondent No. 11 to 23

10. Annexure A-10A copy of the Times of India (Delhi) Article dated 24.11.2015

APPLICANTThrough:



Delhi High Court,


New Delhi Ph: (+91)8447685557

17.02.2016 Email: [email protected]





BETWEEN

NEENA PRADEEP W/o Sh. Pradeep Padmanabhan,1st Floor, D-25, Gulmohar Park,New Delhi – 110049 … Applicant

AND

1. UNION OF INDIAThrough the SecretaryMinistry of Environment & Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-110003

2. GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHIThrough the Chief Secretary, New Secretariat Building, I. P. Estate, New Delhi-110002

3. STATE OF UTTAR PRADESHThrough the Chief Secretary, Lal Bahadur Shastri Bhavan, U.P. Secretariat, Lucknow - 226001

4. STATE OF HARYANA

Through the Chief Secretary, Secretariat, Chandigarh -160001

5. STATE OF RAJASTHAN Through the Chief Secretary Secretariat, Jaipur - 302005

6. CENTRAL POLLUTION CONTROL BOARD Parivesh Bhawan, CBD-cum-Office, Complex, East Arjun Nagar, New Delhi - 110032

7. DELHI POLLUTION CONTROL COMMITTEEThrough the Chairman4th Floor, ISBT Building,Kashmiri Gate, Delhi - 110006

8. MINISTRY OF RAILWAYSThrough the Secretary,543, Rail Board, Raisina Road, New Delhi - 110001

9. MINISTRY OF ROAD TRANSPORT & HIGHWAYSThrough the Secretary,5th Floor, Transport Bhawan, 1, Parliament Street, New Delhi - 110001

10. NATIONAL HIGHWAY AUTHORITY OF INDIAThrough the ChairmanG 5 & 6, Sector-10, Dwarka,New Delhi - 110075

11. SHREE CEMENT LTD.Bangur Nagar, Post Box No. 33Beawar - 305 901,

District - Ajmer, Rajasthan

12. J K CEMENTS LTD.Kamla Tower, Kanpur – 208001, U.P.

13. ACC CEMENT LTD.Cement House, 121 Maharshi Karve Road,Mumbai -400020

14. BINANI CEMENT LTD.601, Axis Mall, C Block, Action Area-1, New Town, Rajarhat, Kolkata-700156

15. BIRLA CORPORATION LTD.Birla Building (3rd & 4th Floors),9/1, R.N. Mukherjee Road,Kolkata – 700 001

16. GUJARAT AMBUJA CEMENTP.O. Ambujanagar, Taluka Kodinar, Dist. Gir Somnath, Gujarat - 362715

17. HEIDELBERG CEMENT INDIA LTD.9th Floor, Infinity Tower CDLF Cyber City, Phase 2Gurgaon, Haryana-12200

18. J P CEMENTJaiprakash Associates Ltd. Sector-128, Noida - 201304

19. JK LAKSHMI CEMENT LTD., 4th Floor, Nehru House, 4 Bahadur Shah Zafar Marg,


20. MAIHAR CEMENT LTD.Century Bhavan,Dr Annie Besant Road,Worli, Mumbai – 400030

21. MANGALAM CEMENT LTD.P.O. Aditya Nagar - 326520Morak, Distt. Kota, Rajasthan

22. WONDER CEMENT LTD.Makrana Road, Madanganj, Kishangarh - 305801District – Ajmer, Rajasthan

23. ULTRATECH CEMENT LTD."B" Wing, 2nd floor, Ahura Centre, Mahakali Caves Road, Andheri (East), Mumbai - 400093 ...RESPONDENTS

To,The Hon'ble Chairperson, National Green Tribunal,And His Companion Members of the Tribunal at New Delhi.

The humble application of the above named Applicant;

Most Respectfully Showeth:

1. That the address of the Applicant as given above for

the services of notices of this application and that of

his advocate is given hereinbelow.

2. That the respective addresses of the Respondents are

given above for services of notices on this application.

3. That the Applicant above named begs to present the

Memorandum of Application on the grounds set out

hereunder.

FACTS IN BRIEF:

1. That the present Application seeks to raise substantial

question relating to environment, more specifically air

pollution bringing to the notice of this Hon’ble Tribunal

the drastic increase in the presence of the high

quantity pollutant called the Particulate Matter in the

air in the National Capital Region due to the

overloaded trucks carrying cement and clinker in

blatant violation of Environmental Protection Act,

Motor Vehicles Act, 1988 (hereinafter “MV Act”) and

other applicable laws, etc. The present Application

specifically prays for preventive and restrictive

remedies from this Hon’ble Tribunal in not only

directing the Respondent No. 11 to 23 to not overload

the transporting vehicles with cement and clinkers (for

retail as well as stock transfer) but to also use

environmentally and economically efficient mode of

transport of cement and clinker through railways.

2. That the Applicant is public spirited citizen residing in

the National Capital Territory of Delhi. The Applicant

suffers from Asthma and is highly concerned about the

rising level of air pollution in the National Capital

Region.

3. That leading a life in a clean environment is a primary

concern which confronts life, industry and business in

today’s world. In that context it is an undisputed fact

that Air pollution is a critical problem in the National

Capital Region which is having an adverse effect on

society and its occupants. Air pollutants are known to

cause a variety of health problems, especially

respiratory problems such as asthma, reduced lung

function, lung damage, bronchitis, cancer,

breathlessness and brain and nervous system

damage. In addition to the aforesaid complications, air

pollution is also responsible for discomfort/irritation to

the eyes, nose, throat, and is known to reduce

immunity to colds and other illnesses. Air pollution can

be more harmful to the very young, the very old, and

those with certain pre-existing medical conditions. Air

pollution is also responsible for haze and smog,

reduces visibility, dirties and damages buildings and

other landmarks, and harms trees, lakes and animals.

It is imperative to highlight that air pollution results in

thinning of the protective ozone layer which

accelerates global warming. The WHO estimates that,

worldwide, at least seven million people every year die

prematurely due to health effects caused by a lack of

clean air (Source: http://www.who.int). That it is

unfortunate reality that despite air being a basic

necessity of human life, the quality of air has been

deteriorating continuously over the years. With the

number of industries in India increasing over the last

50 years, we have also had to witness the remarkable

deterioration of the environment. The quality of air is

vitally important. The average adult breathes in about

20 cubic meters, or 20,000 liters of air a day. Those

who live in urban and sub urban areas need be

especially concerned, since they are exposed to a

greater amount of pollutants coming from automobile

traffic, commercial, industrial and manufacturing

facilities, as well as other sources.

4. That most commonly known reasons for air pollution

include but are not limited to release of toxic fumes,

gases, smoke and dusts into the atmosphere. With

respect to the in the National Capital Region, it is a

known fact that motor vehicle traffic is the main

contributor of deterioration of air quality in the

National Capital Region. Another major source of

pollution would constitute the industrial activity being

carried out which especially the cement industry is

known to cause pollution as almost every stage of its

production, transportation and usage.

5. That Cement being a fine, gray or white powder is

largely made up of Cement Kiln Dust (CKD), a by-

product of the final cement product, which is usually

stored as waste in open-pits and landfills. That Cement

is currently the most widely used material throughout

the world as it is the most essential raw material in

any kind of construction activity. The consumption

pattern of cement often indicates economic

development of any nation. Cement industry is one of

the most important industries in India, as India is the

second largest cement producer in the world after

China. Cement consumption in the country has been

growing rapidly in the last few years and this growth

pattern is expected to rise at an alarming rate

considering the steep rise in population of the country,

various construction activities being undertaken for

making buildings, residential units etc. However

setting aside the aforesaid statistics its transport is

recognized to be playing a crucial role in producing air

pollutants, directly and indirectly. Cement transporting

vehicles are known to release enormous amounts of

cement dust into the atmosphere which settle on the

soil and vegetation of landscape. The said cement

dust particles have an adverse effect on the

vegetation and landscape apart from creating an

unhealthy breathing environment for human beings as

well as the fauna.

6. That the Cement industry is one of the 17 most

polluting industries finding its place in the red

category club i.e. the most polluting industry (Source:

Ministry of Environment and Forest, Government of

India and Central Pollution Control Board). That

Cement dust is a potential phytotoxic pollutant

creating serious pollution problems. It constitutes

particulate matter (Suspended and Respirable),

Nitrogen oxides, Sulphur oxides, Carbon monoxide,

Volatile organic compounds (VOC) and Green House

Gases (GHG). Other substances include: Acidic

compounds, Heavy metals – Cadmium, Lead, Mercury

and Nickel. It is pertinent to clarify that exposure to

cement dust for a short period may not cause serious

problems, however prolonged exposure can cause

serious irreversible damage to the environment and its

inhabitants.

7. Critical Health problems linked with cement

pollution

The various human organ systems which get affected

because of cement factories include:

(a) Respiratory system: Cement pollution is a major

cause of cough and phlegm production, chest

tightness, impairment of lung function,

obstructive and restrictive lung diseases, Pleural

thickening, fibrosis, emphysema, lung

nodulation, pneumoconiosis and carcinoma of

lung Gastro.

(b) Intestinal system: Oral cavity, mechanical

trauma, mucosal inflammation, loss of tooth

surface, periodontal diseases, dental caries,

dental abrasion, liver diffuse, swelling and

proliferation of sinusoidal (hepatic) lining cells,

sarcoid type granulomas, perisinusoidal and

portal fibrosis and hepatic lesions is caused in

the gastro intestinal system.

(c) Stomach: In stomach it causes stomach ache and

cancer.

(d) Central nervous system (brain): Usually causes

headache and fatigue.

(e) Lymphatic system: Spleen diminished lymphatic

tissue and splenic lesions. Other affects includes

affect in eyes, skin and bones. Irritation in eyes,

running eyes and conjunctivitis, skin irritation,

itching, skin boil and burn, osteonecrosis, lesion

of humerus, thinning of the cortex and reduction

of epiphyseal cartilage. Allergic reactions that

interfere with breathing: Allergic reactions which

create many breathing problems, from simple

runny noses to life-threatening respiratory arrest.

The immune system's abnormal response to

harmless allergens unleashes histamines and

other substances that work to restore equilibrium

.The side effects of this process result in

respiratory and other allergy symptoms.

Complications can occur in people with extreme

sensitivities to the allergenic proteins in some

pollen, foods, household pollutants, animal

secretions and other substances. Pre-existing

respiratory conditions also contribute to the

severity of allergic effects on the respiratory

system.

(f) Chronic bronchitis: Bronchitis is an infection of

the bronchial tree. The bronchial tree is made up

of the tubes that carry air into the lungs. When

these tubes get infected, they swell and mucus

forms. This makes it hard for a person to

breathe. The person may cough up mucus and

many wheeze.

(g) Asthma: Asthma (AZ-ma) is a condition in which

the airflow in and out of the lungs may be

partially blocked by swelling, muscle squeezing,

and mucus in the lower airways. These episodes

of partial blockage, called asthma "fares" or

"attacks," can be triggered by dust, pollutants,

smoke, allergies, cold air, or infections.

(h) Emphysema: In emphysema the alveolar tissue

is partially destroyed and the remaining alveoli

are weakened and enlarge. The bronchioles

collapse on exhalation, trapping air in the alveoli.

Over time this process impairs the ability to

exchange particulate matter oxygen and carbon

dioxide with the circulatory system, leading to

breathing difficulties; Emphysema is a

noncontiguous disease that results from multiple

factors, including a genetic predisposition to the

condition, smog, cigarette smoke, and infection.

(i) Lung cancer: Studies of the American Cancer

Society cohort directly link the particulate

exposure to with lung cancer. For example, if the

concentration of particles in the air increases by

only 1%, the risk of developing a lung cancer

increases by 14%. Further, it has been

established that particle size matters, as

ultrafine particles penetrate further into the

lungs.

(j) Pneumonia: Pneumonia is an inflammation and

infection of the lungs. Although pneumonia is

special concern for older people and those with

chronic illnesses, it can also strike young,

healthy people as well. In infectious pneumonia,

bacteria, viruses, fungi or other organisms attack

the lungs, leading to inflammation that makes it

hard to breathe. Pneumonia can affect one or

both lungs. Infection of both lungs is referred to

as double pneumonia.

(k) Tuberculosis: Tuberculosis is caused by a

bacterium that attacks the lungs and sometimes

other body tissues as well. If infections in the

lungs are left un-treated, the disease destroys

lung tissue. In the past, antibiotics have con-

trolled tuberculosis, but recently, new antibiotic-

resistant strains of the tuberculosis bacterium

have evolved. These new strains now pose a

significant public health problem.

(l) Cough: A cough is a sudden and often

repetitively occurring reflex which helps to clear

the large breathing passages from secretions,

irritants, foreign particles and microbes. The

cough reflex consists of three phases: an

inhalation, a forced exhalation against a closed

glottis, and a violent release of air from the lungs

following opening of the glottis, usually

accompanied by a distinctive sounds. Coughing

can happen voluntarily as well as involuntarily.

Coughing may be caused by air pollution

including tobacco smoke, particulate matter,

irritant gases, and dampness in the home. The

human health effects of poor air quality are far

reaching, but principally affect the body's

respiratory system and the cardiovascular

system.

(m) Wheezing: Wheezing is a high-pitched whistling

sound during breathing. It occurs when air flows

through narrowed breathing tubes. There may be

various causes of wheezing such as asthma,

bronchitis, breathing of any foreign substance or

dust etc.

(Source: Cement Factories, Air Pollution and

Consequences, Syed Sana Mehraj and Dr. G. A Bhat,

Department of Environmental Science & Centre of

research for development, University of Kashmir,

Jammu and Kashmir, India)

High Level of Air Pollution in the National Capital

Region

8. That one of the major concerns with regard to air

pollution in the National Capital Region is the

existence of particulate matter in the air that we

breathe. It is common knowledge that particulate

matter of the sizes of 2.5 microns or less is of

particular concern. Insofar Delhi is concerned, it has

been found as a fact that it is one of the most polluted

cities, if not the most polluted city in the world.

Serious concerns have been raised by the citizens with

regard to quantum of particulate matter (PM 2.5) in

the air that we breathe which is proving to be a great

health hazard not only for the elderly citizens but also

for the children and the citizens of tomorrow. The safe

limits of PM 2.5 and PM 10, a product of vehicular

emissions and dust among others, are 60 and 100

each. Anything beyond that is harmful as the particles

get embedded deep into the lungs and subsequently

enter the bloodstream.

A copy of the Real Time Ambient Air Quality Data as

recorded on 28.01.2016 for Anand Vihar, Mandir Marg,

Punjabi Bagh and Civil Lines is annexed hereto and

marked as Annexure A-1 (Colly).

9. That the Indian Express in its article titled “Delhi’s

polluted air, the diagnosis and the prescription” dated

14.01.2016 discusses a study by IIT Kanpur assessing

various aspects of air pollution in Delhi and

recommends measures to improve air quality. It was

reported: “Along with vehicles, construction and

industries, the study has identified road dust, coal-

based tandoors and concrete batching as major

sources of air pollution in Delhi. The study has

estimated the total PM10 emission load in the city at

143 tonnes per day and listed the top contributor as

road dust (56%) and the PM2.5 load at 59 t/d, the top

contributors being road dust (38 %) and vehicles (20

%), followed by domestic fuel burning and industrial

point”. The report further stated: “Vehicles - These are

the second largest source of particulate matter,

particularly PM 2.5. According to the report, vehicular

pollution grew from 64 per cent to 72 per cent

between 1990 and 2000. In winter, on average

vehicles can contribute 25 per cent to PM2.5 and at

certain locations this could be above 35 per cent.

There is a significant contribution of diesel vehicles to

PM10 and PM2.5.” A copy of the Indian Express article

titled “Delhi’s polluted air, the diagnosis and the

prescription” dated 14.01.2016 is annexed hereto and

marked as Annexure A-2.

10. That the level of air pollution the National Capital

Region is very high. Aggrieved by the alarming

situation, the High Court of Delhi had taken up the

issue of air pollution in the city as a suo motu PIL

earlier last year in the matter titled “Court on its own

Motion (Air Pollution in Delhi) v Union of India & Ors”

W.P (C) No. 1346 of 2015.

Transportation of Cement and Clinkers by

Respondent No. 11 to 23 by Overloaded Trucks

11. That heavy vehicular pollution is caused in National

Capital Region primarily by overloaded diesel trucks

which are primarily used for transportation of cement

and clinkers. That it is within the knowledge of this

Hon’ble Tribunal that an estimated 80,000 trucks

enter Delhi every night from 8 p.m. to 6 a.m. The

same has been noted by this Hon’ble Tribunal in

Vardhaman Kaushik Vs. Union of India & Ors. O.A.

21/2014, vide Order dated 07.04.2015. Thus the entire

pollution caused by such vehicles has not escaped the

observation of this Hon’ble Tribunal. However, proper

steps for clamping the poisonous emissions of the

aforesaid vehicles needs to be devised urgently. More

than often the trucks which have drop off destinations

in other states like Uttar Pradesh, Rajasthan, Punjab,

etc. just pass through National Capital Region

particularly Delhi for the convenience of better roads

and lesser toll tax. The undue incentive derived by the

heavy vehicles to enter Delhi, just to save Rs. 1000/-

or so does not appear to be reasonable in light of the

environmental damage being caused.

12. That the air pollution caused by overloaded vehicle is

within common knowledge of every citizen. The Times

of India in an article titled “Undiscussed causes of

pollution in Indian cities” on August 19, 2015 had

revealed: “…... Not only do these overloaded trucks

emit far more pollutants because of over-stressed

engines but they also ruin the roads on which the rest

of us travel, causing us to slow down, change gears

and in turn we push more pollutants into the air from

our otherwise in good shape motor vehicles”. A copy

of the ToI Article dated 19.08.2015 is annexed hereto

and marked as Annexure A-3.

13. That the Tribune in its article dated 30.04.2015

pointed out the damages caused by overloaded

trucks:

“Despite the fact that the state has suffered losses in

crores to its highways because of overloaded trucks,

the state agencies are yet to initiate action against

the defaulters ………..………. A study conducted on

this subject revealed that even 10 per cent overload-

ing by trucks entailed additional maintenance cost of

Rs 25 lakh per kilometer over and above the normal

maintenance cost…..…….. As per the provisions of the

Motor Vehicles Act, no truck could carry more than

nine tonnes of goods in states such as Himachal Pra-

desh as the bridges and culverts on the state roads

had capacity to bear a load of nine tonnes only. But

the trucks carrying cement, clinker, building material,

heavy equipment for power projects and steel were

openly flouting the provisions of the Act. Official

sources said over 20,000 trucks and dumpers belong-

ing to cement plants and power projects carrying load

between 15 to 25 tonnes openly violated the provi-

sions of the Motor Vehicles Act. The four cement

plants in the state and ongoing construction of a hun-

dred small and major hydel power projects have fur-

ther aggravated the situation……The weighing ma-

chines installed by the government at the entry points

of the state at high cost were either out of order or not

used by the officers posted on these barriers”. A copy

of Tribune article dated 30.04.2015 is annexed hereto


14. That The Hindu in its Article Titled “New overloading

rule dents fleet owners' profit” dated 04.12.2013 had

stated that “……..the Transport Department issued a

circular to its district offices instructing field officials

to implement compounding fee for overloading in

letter and in spirit. The prescribed fine amounts to Rs.

1,000 a tonne and Rs. 2,500 as fixed fine for one

offence. Even if the vehicle was overloaded by 1 kg,

the fine would be computed to the next 1,000 kg

pinching the truck operators who were reeling under

increasing cost of fuel, spares, tyres, and labour

shortage against a stagnant freight. Within a moth of

implementation of the system, the truckers started

feeling the pinch of the compounding fee for overload.

“I transport a consignment of cement bags weighing

30 tonnes from Karur to destinations in Coimbatore,

Tiruvarur, and Thanjavur districts. The company’s

freight is designed only to transport that load and I

don’t have any say over that. If the Transport

Department were to slap fine on me I would have to

pay Rs. 7,500, roughly the amount I get for the whole

effort. The rule must punish the consignee too like in

the case of Andhra Pradesh,” says a truck operator S.

Thangaraj of Karur. Only then the corporate firms who

push us into subverting law would come on board,” he

says. Similarly, truckers are nursing a grouse that

lorries carrying sand, blue metal, and cement are

going scot free while “market load’’ vehicles were

being targeted by the department officials”. A copy of

The Hindu Article dated 04.12.2013 is annexed hereto


15. That the Ministry of Road Transport and Highways,

Government of India issued a Notification S.O. 728(E),

dated 18.10.1996 on Specification of Maximum Gross

Vehicle Weight and the Maximum Safe Axle Weight

specifying inter-alia, the maximum weight permitted

to be carried by the tyres as per Rule 95 of the Central

Motor Vehicles Rules,1989. As per the Circular the

maximum permissible weight that can be carried by a

4 axle truck / trailer combination is between 20-29

tonnes (including the weight that can be carried by

front axle and rear tandem axle). A copy of the

Notification S.O. 728(E), dated 18.10.1996 is annexed

hereto and marked as Annexure A-6. Indian roads

are not as wide or well-maintained compared to roads

in developed nations. They are meant to handle an

axle load of approximately 8.16 tonnes and last for

about 10-12 years. Even a 10 percent increase in the

weight above this limit causes enough damage to

reduce the lifespan of the road by a whopping 35

percent. According to research, a 5 percent overload

can lead to a 22 percent increase in road damage and

an 18 percent decrease in pavement life

(www.indiatransportportal.com). The higher the axle

load, the greater the damage: a 5-ton axle load will

result in lesser pavement damage than a 9-ton axle

load.

16. That the Respondent No. 11 to 23 regularly dispatch

their supply of cement and clinkers through

overloaded truck. It is estimated that the cement

consumption in Delhi is around 4 lakh tonnes and that

of the National Capital Region is around 10 lakh

tonnes (Source: The Minister of State in the Ministry of

Commerce & Industry, to the Question No. 2653 on

the details of the cement plants in both public and

private sector along with their production capacity in

the Rajya Sabha on 19.02.2014). In order to meet this

requirement in a cost efficient manner, the

Respondent No. 11 to 23 are transporting cement and

clinkers by overloaded trucks. There is a clear lack of

will from Respondent No. 11 to 23 to comply with the

provisions of MV Act and other applicable laws.

17. That further, Respondent No. 11 to 23 have their

plants located within the jurisdiction of Respondent

No. 2, 3 4 & 5 which are actively engaged in

manufacturing of cement. In order to save cost,

Respondent No. 11 to 23 more often than not

transport cement and clinkers from one plant to

another (stock transfer basis) through road by

overloaded trucks / trailers. That Respondent No. 11,

to 23 use clinkers to manufacture cement and the

plants are located within the jurisdiction of

Respondent No. 2, 3 4 & 5 which are also causing

enormous pollution within the National Capital Region.

18. That the Respondent No. 11 to 23 are guilty of

overloading the trucks carrying cement and clinkers to

the tune of 250%. The permissible limit of trucks

carrying cement and clinkers is 20-29 tonnes whereas

Respondent No. 11 to 23 have been transporting

around 70 – 80 tonnes of cement through a single

truck/trailer. The Respondent No. 11 to 23 have been

overloading the trucks at their factory premises itself

as weigh bridge are installed in the factory premises

itself. The weighing bridges have been installed in

factory premises of the Respondent No. 11 to 23 for

the purpose of filling in the particulars of the excise

challan cum invoice. As the cement stock is owned

and loaded by the Respondent No. 11 to 23 at their

own factory premises and the vehicles are weighed in

the premises of the Respondent No. 11 to 23, it

becomes the responsibility of the Respondent No. 11

to 23 to ensure that the vehicles are not overloaded

with cement and clinkers.

19. That the degree of violation of law by the Respondent

No. 11 to 23 is very high. The Respondent No. 11 to 23

are openly engaging in overloading the vehicles with

cement and clinkers. A copy of the excise challan cum

invoice of Respondent No. 11 (M/s Shree Cement)

dated 22.12.2015 evidencing overloading to the tune

of 68.480 MT of cement dispatched on a vehicle is

annexed hereto and marked as Annexure A-7.

Another shocking example of blatant violation of the

provisions of the MV Act is by Respondent No. 12 (M/s

J K Cement) which has entered the weight in the

Excise Challan cum Invoice No. 0000013466 dated

23.01.2016 as 38.660 tonnes on truck no. RJ-01 GB

5493 destined for J K Cement Works at Jhajjar,

Haryana. Further, in order bye-pass the weight limit on

vehicles and surreptitiously defeat the provisions of

the MV Act, the Respondent No. 12 has executed

another Excise Challan cum Invoice No. 0000013469

dated 23.01.2016 showing weight of 25.450 tonnes on

the same truck no RJ-01 GB 5493 bound for same

destination. A copy of the Excise Challan cum Invoice

No. 0000013466 and 0000013469 dated 23.01.2016 is

annexed hereto and marked as Annexure A-8

(Colly).

20. That Respondent No. 11 to 23 have their grinding

plants in around the National Capital Region which are

actively engaged in manufacturing of cement. In order

to save cost, Respondent No. 11 to 23 more often than

not transport cement and clinkers from one plant to

another (stock transfer basis) through road, instead of

the railways. It is pertinent to note that the

Respondent No. 11 to 23 have their own railway siding

for dispatch of cement through railways. In complete

disregard of environment preservation and increasing

air pollution in the NCR, Respondent No. 11 to 23 have

been transporting cement and clinkers by road instead

of railway. A copy of the details of the Railway Siding

owned by Respondents No. 10 to 22 is annexed hereto


21. The Hon’ble Tribunal in Original Application No.

21/2014, 95/2014 and 303/2015 titled “Vardhaman

Kaushik Vs. Union of India & Ors. And Sanjay

Kulshrestha Vs. Union of India & Ors.” And “Supreme

Court Women Lawyers Association Vs. Union of India &

Ors.” respectively, vide its common order dated

07.10.2015, had held that “The Central Pollution

Control Board (CPCB) and the DPCC are hereby

directed to purchase and/or arrange proper

mechanism and instruments for checking emissions of

moving overloaded heavy vehicles, as measuring the

emissions of standing vehicles, particularly

transportation vehicles, would never depict correct

data which are the basic cause for raising particulate

matter and carbon content in the air”.

22. That there is blatant violation and lack of

implementation of the orders of this Hon’ble Tribunal

passed in Original Application No. 21/2014, 95/2014

and 303/2015 by Respondent No. 11 to 23.

That the Hon’ble Supreme Court in Parmajit Bhasin

and Ors. Vs. Union of India & Ors., Writ Petition

(Civil) 136 of 2003, vide its order dated 09.11.2005

issued an order to ban and penalise overloaded

vehicles on all Indian roads. According to the

judgment, any overloaded vehicle spotted on roads or

highways is to be stopped and the extra load to be

confiscated. The transporter would have to bear the

cost of the off-loading and a heavy fine on the extra

load. The Apex Court had held that “Section 200 of the

Act does not in any way authorize the State

Government to permit the excess weight to be carried

when on various inspection/detection it is noticed that

there is carriage of load beyond the permissible limit.

It only gives an opportunity of compounding so that

instead of the amounts fixed, lesser amounts can be

accepted by the authorised officers. The intention of

off-loading the excess weight is apparent from a bare

reading of the Section 194(1). The liability to pay

charge for off-loading of the excess load is fixed on

one who drives a vehicle or causes a motor vehicle to

be driven in contravention of the provisions of

Sections 113-115. ……. After compounding the excess

load, same cannot be permitted to be carried in the

concerned vehicle. Such carriage would amount to

infraction of Section 113 of the Act. The object for

which the maximum permissible weights have been

fixed is crystal clear. On a perusal of the provisions it

is clear that the maximum gross weight (in short

'GVB') of the trucks is 16.2 tonnes which enables

loading of about 9 tonnes. The load rating is primarily

based on the road design, specifications of Indian

roads.” The implementation of the aforesaid

observations of the Hon’ble Apex court is lacking in

the present case. The Cement Companies have been

willfully flouting all norms by transporting cement

through overloaded road transport vehicles.

23. That the MV Act has enabling provisions to curb the

menace of overload polluting vehicles. Under the Act

and the Rules made thereunder, the maximum gross

weight of the vehicles, more particularly, transport

vehicles have been fixed. The maximum gross weight

for each axle of a truck in relation to the size and

number of tyres fitted therein is prescribed. The

Ministry of Road Transport and Highways is

empowered by Act to specify maximum gross weight

and maximum weight of transport vehicles. Chapter

VII of the Act deals with construction, equipment and

maintenance of motor vehicles. Section 110 empowers

the Central Government to make Rules in respect of

several matters. Power has also been conferred to

make Rules under Section 111. As a part of Chapter VII

under the heading "Control of Traffic" the limits of

weight and limitations on use have been prescribed

under Section 113. Section 114 deals with the powers

to have vehicle weighed. Section 194 makes driving of

vehicles exceeding permissible limit an offence and

consequences of contravention of the provisions

contained in Sections 113, 114 and 115 have been set

out. Section 200 deals with composition of certain

offences under several sections including Section 194.

24. That despite existence of strict provisions of the MV

Act, 1988 and the order of a blanket ban on the

movement of such vehicles in 2005 by the Hon’ble

Supreme Court, overloaded trucks can still be seen on

roads of the National Capital Region. The

implementation of the blanket ban on overloaded

trucks has also not had much impact. As the states

have been given a partial free hand to deal with

overloaded trucks, the results have, until now, been

quite far from satisfactory. In the absence of effective

enforcement mechanism, use of non-poilluting

methods for transport of cement will go a long in

reducing the air pollution and making the National

Capital Region a better place to live in.

25. That The Times of India (Delhi) in an Article dated Nov

24 2015 had reported “Govt. Can't tackle overloaded

vehicles” wherein the Respondent No. 2 in a response

to the PIL seeking direction to ban entry of overloaded

commercial trucks in the National Capital Territory of

Delhi, has, in a way, admitted before the Hon’ble Delhi

High Court that it is understaffed to deal with

offending vehicles in the city which violate pollution

norms and fail to undertake safety measures. A copy

of the Times of India (Delhi) Article dated Nov 24 2015

is annexed hereto and marked as Annexure A-10.

26. That there is collusion between authorities and

Respondent No. 11 to 23. Inspite of stiff penalties and

the risk of permits being cancelled, challans being

issued are meager and data on repeat offender is

never updated. That it appears that the government

machinery (both central and state) have failed to curb

the menace of air pollution caused by overloaded

commercial vehicles. The Respondent No. 1 to 10,

inspite of their collective might, authority and wisdom

have failed to provide the people of the National

Capital Region a pollution free environment to breathe

in. However, the solution may lie in nipping the

problem in the bud itself.

ADVANTAGES OF USING RAILWAYS FOR TRANSPORT OF CEMENT AND CLINKERS

27. That the Task Force of the Planning Commission for

the Eleventh Five Year Plan (2007-2012) in its report

on Cement Industry in Para 3.0 (Bulk Transportation)

states: “the Indian cement industry witnessed vibrant

growth during the last two decades. The distribution

and usage system of cement in the country, however,

continues to remain primitive and as such needs

upgradation. In the developed countries, over 70% of

the cement is transported and distributed in the form

of bulk, whereas in India, it accounts for around 5%

only and balance cement is distributed in outdated

mode of 50 kg bags. Availability of cement in bulk and

its usage is critical for the modernization of the

construction industry. The first step is to put up

modern Bulk Cement Terminals at important

distribution/consumption centers in the country. These

terminals could either be based on movement by rail

for land locked plants or from coast based cement

plants to port based terminals through coastal

shipping”.

28. That, further the Task Force in its report in Para 4.5

(Transportation) states “due to location specific nature

of the cement industry, cement plants are

concentrated at limestone deposits which are

available in few states. The main raw material coal is

available only in 4/5 states, mostly in the eastern

region. Further, cement is a high volume, low priced

commodity. In view of this, long leads of movements

are necessary both for inward movement of raw

materials coal, gypsum etc and outward movement of

cement/clinker to grinding units/markets and railways

is the only economic mode of such transportation for

the cement industry”. Further, the Report in para 2.1

states: “That cement, being a low value and high

volume commodity, its dependence on railways for

movement of finished product need not be

emphasized. Dependence on railways also increases

because it is mineral based industry and around 1.5

tonnes of limestone is required to produce one tonne

of cement. Accordingly, most of the cement plants are

located at or near the limestone deposits, which are

mostly away from the main cement consumption

centres. The industry, therefore, has to depend mainly

on railways to despatch cement particularly for

distance beyond 30 to 40 kms”.

29. That further the Task Force in its report on Cement

Industry had recommended:

“48. Cement is a low value and high volume commod-

ity, which requires long distance movements both for

inputs and outputs. Railways is, therefore, the most

economical and energy efficient mode of transport.

49. Transportation of cement, fly ash and other inputs

over long distances by road is not only costly but also

inefficient in terms of energy consumption, cost and

transit loss.

51. The railways need to provide for transporting of at

least 50% of cement and clinker both for the existing

production and the targeted additional production.

The requirement of rail facilities for movement of

other inputs like coal, gypsum, granulated slag and fly

ash would also increase substantially.

52. With cement industry adding over 118 mn.t. ca-

pacity during the XI Plan period, timely availability of

adequate number of wagons needs to be ensured −

through a long term transport agreement; and cement

industry specific long-term policy.

53. To encourage transportation of bulk cement by

railways, appropriate incentive schemes should be

worked out on long-term basis, besides making the

existing schemes effective and user friendly.

55. Railways should initiate the process of supervising

weighment of wagons at loading point and avoid re-

weighment enroute or at destination. This will not only

ease the additional financial burden on the cement in-

dustry but will also help increase the rail co-efficient

for cement.

65. While the World over 70% of cement is trans-

ported in bulk, it accounts for only 5% in India. Mod-

ernization of construction industry is heavily depen-

dent on easy availability of cement in bulk and RMC

plants near the consumption centres.

66. Transportation of cement in bulk is devoid of seep-

age and pilferage. It is environment friendly, and en-

sures easy availability of cement in large volumes and

consistency in quality. It needs lesser storage space

and enhances the shelf-life of cement.

70. Railways should provide land near railway goods

sheds on long-term lease to cement companies for

setting up cement bulk terminals.”

30. That the Department related Parliamentary Standing

Committee on Commerce in the Ninety Fifth report

on performance of Cement Industry (Presented to

the Rajya Sabha on 24th February, 2011) (laid on the

table of the Lok Sabha on 24th February, 2011) had

stated:

“Cement is a transport intensive industry. The Com-

mittee was informed that transportation component

involves about 20% cost of production. Regarding

transportation cost of cement, it was informed that in

India it was around Rs. 1.03 or Rs. 1.04 per tonne kilo-

meter……The industry depends heavily on road trans-

port for movement of clinker to cement……. The Com-

mittee is dismayed to note that one of the reasons for

price rise of cement is profit motive of the cement

companies. The calculation of fair price and the aver-

age retail price, gives a fair idea about the extent of

profit earned by the companies each unit per bag. The

higher amount of profit per bag will only add to the

burden of the consumer i.e. the common man. This

will also affect the infrastructure industry……….Keep-

ing in view the hazards of cement dust it is recom-

mendable that the cement industry transport the ce-

ment and klinkers through non-polluting means such

as trains. These measures would help to identify sus-

ceptible pollutive methods and improve the environ-

mental conditions that will decrease the risk of air pol-

lution”.

31. That in light of the aforesaid suggestions by various

government bodies, it is imperative that the

Respondent No. 7 (Ministry of Railways) should target

attaining maximum dispatches of cement and clinker

by railway. In this regard, the Respondent No. 7 should

enter into annual wagon supply agreements with

Respondent No. 11 to 23 where it should commit to

certain number of month-wise supplies of wagons

during the year.

32. That the Indian cement industry in order to achieve

technological excellence at par with the World’s best

and also increase its acceptability, Respondent No. 7,

8 & 9 needs to provide level playing field in terms of

infrastructure & lower cost of transportation so as to

make it non-polluting means of transportaion.

33. That the Applicant has approached this Hon’ble

Tribunal for restricting the Respondent No. 11 to 23

from using road for transport of cement and instead

use railways as means of non-polluting transport on

following amongst the other grounds:

GROUNDS:

A. BECAUSE Article 21 of the Constitution of India

provides that “no person shall be deprived of his life

or personal liberty except according to procedure

established by law”. The aforesaid right to life and

liberty necessarily includes a right to lead a healthy

and pollution free life for each and every citizen.

However, by not ensuring a clean and pollution free

environment to the people of National Capital Region,

the public is being made susceptible to hazardous

respiratory disorders and life threatening diseases

thereby denying them their right to a long and healthy

life.

B. BECAUSE Article 48-A of the Constitution of India

provides a positive obligation on the State to protect

and improve the natural environment. The State is the

protector of Natural Resources, however, they have

failed to perform their job effectively.

C. BECAUSE as per Section 17 of the Air (Prevention and

Control of Pollution) Act, 1974, it is the duty and

function of the Pollution Control Board to improve the

quality of air and to prevent, control or abate air

pollution in the country. Further, to plan a

comprehensive programme for the prevention, control

or abetment of air pollution and to secure the

execution thereof. In the present case it is the need to

formulate effective plans to curb the menace of air

pollutants scattered by the transportation activities of

the Cement Corporation.

D. BECAUSE the Hon’ble Supreme Court in Vellore

Citizens welfare Forum V. Union of India & Ors., (1996)

5 SCC 647, had held that Constitutional and Statutory

Provisions protect a person’s right to fresh air, clean

water and pollution free environment. Our legal

system having been founded on the British Common

law the right of a person to pollution free environment

is a part of the basic jurisprudence of the land.

The Statement of Objects and Reasons to the Environ-

ment Act, inter alia, states as under :

"The decline in environmental quality has been

evidenced by increasing pollution, loss of vegetal

cover and biological diversity, excessive

concentrations of harmful chemicals in the ambient

atmosphere and in food chains, growing risks of

environmental accidents and threats to life support

systems. The world community's resolves to protect

and enhance the environmental quality found

expression in the decisions taken at the United

Nations Conference on the Human Environment held

in Stock hold in June, 1972. Government of India

participated in the Conference and strongly voiced the

environmental concerns. While several measures have

been taken for environmental protection both before

and after the Conference, the need for a general

legislation further to implement the decisions of the

Conference has become increasingly evident ......

Existing lass generally focus on specific types of

pollution or on specific categories of hazardous

substances. Some major areas of environmental

hazardous are not covered. There also exist

uncovered gaps in areas of major environmental

hazards. There are inadequate linkages in handling

matters of industrial and environmental safety.

Control mechanisms to guard against slow, insidious

build up of hazardous substances, especially new

chemicals, in the environment are weak. Because of a

multiplicity of regulatory agencies, there is need for an

authority which can. Assume the lead role for

studying, planning and implementing long-term

requirements of environmental safety and to give

direction to, and co-ordinate a system of speedy and

adequate response to emergency situations

threatening the environment ...... In view of what has

been state above, there is urgent need for the

enactment of a general legislation on environmental

protection which inter alia, should enable co-

ordination of activities of the various regulatory

agencies, creation of an authority or authorities with

adequate powers for environmental protection,

regulation of discharge of environmental pollutants

and handling of hazardous substances, speedy

response in the event of accidents threatening

environment and deterent punishment to those who

endanger human environment, safety and health".

E. BECAUSE the Hon’ble Supreme Court in Parmajit

Bhasin and Ors. Vs. Union of India & Ors., Writ Petition

(Civil) 136 of 2003, vide its order dated 09.11.2005

had held “It is apparent from the reply filed by the

Union of India that overloading causes significant

damage to the road surface and also cause pollution

through auto emissions. Even overloaded vehicles are

safety hazards not only for themselves, but also for

other road users. It is pointed out that since the

responsibility of enforcing of the provisions of the Act

and the Central Rules is that of the State Government

they have been advised by the Central Government to

scrupulously enforce the provisions of the Act and the

Central Rules”. However, the orders of the Hon’ble

Supreme Court have not yet been effectively

implemented.

F. BECAUSE the Hon’ble Supreme Court in MC Mehta v

Union of India & Ors., vide its order dated 09.10.2015

issued certain directions aimed at mitigating the

hardship which the people living in Delhi undergo

having regard to the high pollution in the city that has

earned to it the dubious reputation of being the most

polluted city in the world. Although this order was

given effect to belatedly on 6th November, 2015, yet

the said direction has not been effectively enforced

inasmuch as vehicles not bound for Delhi are being

allowed to enter Delhi on payment of the prescribed

ECC.

G. BECAUSE this Hon’ble Tribunal in Original Application

No. 21/2014 titled Vardhaman Kaushik Vs. Union of

India & Ors. And Sanjay Kulshrestha Vs. Union of India

& Ors. And Supreme Court Women Lawyers

Association Vs. Union of India & Ors. vide its order

dated 10.04.2015, has conceded position that

vehicular pollution is one of the main sources of

polluted air in Delhi and had already passed detailed

directions in relation to all known sources of air

pollution which are adversely affecting the air quality

in NCT of Delhi as there is dust, emissions from

burning and pollution resulting from vehicular

emissions.

H. BECAUSE in light of the observations made by WHO

in its report wherein it has been stressed that,

excessive Particulate matter in the air results in poor

air quality which tends to accelerate diseases and

Health problems, it is the regrettable truth that

fundamental rights of people in National Capital

Region are being violated.

I. BECAUSE even as per the “National Ambient Air

Quality Status and Trends -2012” published by the

Central Pollution control board, the Nitrogen Di Oxide

level has been recorded as 59µg/m3 which ideally

ought to be maintained at 40 for industrial area and

30 for ecologically sensitive area. Similarly the PM10

levels in the same report have been recorded as 237

which ideally ought to be maintained at 100.

J. BECAUSE there is dire need to immediately pass

appropriate directions for preventing and controlling

the

pollution of air from dust and to improve ambient air

quality particularly of National Capital Region.

K. BECAUSE dust emissions due to transportation by

trucks is now a major concern in the National Capital

Region. The resultant Suspended Particulate Matter

(SPM) levels lead to crores of rupees being spent by

the government towards health related issues. Use of

bulk cement through railways would significantly

contribute to reduction in pollution levels.

L. BECAUSE thousands of unmonitored overloaded

trucks driving through the heart of the National Capital

Region, are injecting a dose of poison in the air over

the residential colonies on either side, because one of

the two expressways meant to keep them out of Delhi

is a semi-built road, and the other is still on paper.

M. BECAUSE the overloaded trucks of the Respondent

No. 11 to 23 are not just committing offences under

Section 113 and 114 of the MV Act, but also inflicting a

heavy price on the infrastructure of the city and the

people.

N. BECAUSE in light of the vital steps being taken by the

Respondent No. 2 over the past few months to tackle

the alarming level of Air Pollution, it is imperative to

address the impending crisis from all perspectives

including the Issues being raised in the present

Application.

O. BECAUSE the acts of Respondent No. 11 to 23 in

contributing to the Air Pollution are directly against the

Corporate-Social Responsibilities (CSR) which have to

be adhered to by all Companies in the nation.

P. BECAUSE the Respondent No. 2’s plan to install

computerised weighing machines at the borders of

Delhi to prevent overloaded vehicles, with their

straining engines, from entering the National Capital

Region and releasing toxic fumes into its air still

remains a distant dream even after 12 years of the

formulation of the plan. The proposal to install

computerised weigh in motion (WIM) systems —

already in action in Karnataka, Tamil Nadu, Gujarat

and Maharashtra — remains stuck over who will take

the first step and who will foot the bill of an estimated

Rs 1-1.5 crore per installation.

Q. BECAUSE the Indian Foundation of Transport

Research and Training (IFTRT) had participated in a

multi-disciplinary study, conducted by the Central

Road Research Institute (CRRI) and sponsored by the

Ministry of Road Transport and Highways, on

overloading of trucks and air pollution, had

recommended that the WIM system was a “viable”

option for Delhi. Several studies have since supported

this recommendation. For instance, a working group

on roads for the National Transport Development

Policy of 2011 confirmed that “WIM systems should be

used as a primary overweight detection equipment”.

R. BECAUSE the Respondent No. 11 to 23, apart from

other cement companies, with the intent of achieving

short economic gains do not take environmental

preventive and protections measures prescribed under

applicable laws exposing the entire population to

variety of diseases some of them are even life

threatening.

S. BECAUSE the Respondent No. 11 to 23 are

intentionally overloading the vehicles from their

factory premises itself leaving no option for the

transporter to stay within the limits prescribed by the

MV Act. In order to nip the problem in the bud itself,

the overloading needs to be checked at the loading

point itself.

T. BECAUSE willful default in complete violation of

environmental norms and any regard to increasing

pollution is being committed by the Respondent No.

11 to 23 as is evident by a sample excise challan cum

invoice annexed hereto.

U. BECAUSE despite a string of order from the Hon’ble

Supreme Court and this Hon’ble Tribunal the entry of

overloaded trucks into the NCR could not be stopped

and such vehicles continue to flout rules.

V. BECAUSE studies and report prepared by various

government bodies clearly suggest that the Railways

is the most economical and energy efficient mode of

transport.

W. BECAUSE transportation of cement by the railway will

be able to reduce the project implementation time and

cost. In various cities such operations have been

demonstrated successfully.

X. BECAUSE by facilitating an arrangement with the

Respondent No. 11 to 23 for providing logistics and

infrastructural facilities, the Respondent No. 7

(Ministry of Railways) could be a major beneficiary of

transportation of Cement as this efficient system

would result in faster loading/unloading, higher turn-

around time for the wagons and higher track

availability.

LIMITATION:

That the present application is under Sec. 18 read with

Sec. 14, 15 & 17 of the National Green Tribunal Act,

2010. The illegal actions of the Respondent No. 11 to

23 complained in this present application are

presently ongoing and therefore the present

application is within the limitation.

4. That the applicant is therefore approaching this

Hon’ble Tribunal bringing the aforesaid facts to its

notice and praying as under.

5. That the present application is being made bonafide

and in the interest of justice.

6. That no similar application or petition has been filed

by the Applicant in this Tribunal or any other Court of

law which is pending.

PRAYER

It is therefore most respectfully prayed that this Hon’ble

Tribunal may graciously be pleased to:-

A. Restrain the Respondent No. 11 to 23 causing

enormous environmental degradation in the National

Capital Region by directing them not to overload their

trucks with cement and clinkers beyond the prescribed

limit while destined for or transiting through the

National Capital Region;

B. Impose exemplary cost on Respondent No. 11 to 23

for violating the provisions of the Motors Vehicles Act,

1988 and degrading the environment by reducing the

air quality in the National Capital Region;

C. Direct the Respondent No. 11 to 23 to transport the

cement and klinkers through their own railway sidings

so as to cause least pollution in the National Capital

Region;

D. Direct the Respondent No. 7 (Ministry of Railways) to

provide all reasonable assistance to Respondent No.

11 to 23 in transportation of the cement and clinkers

through their own railway sidings including entering

into annual wagon supply agreements with

Respondent No. 11 to 23, if required;

E. Direct the Respondent No. 2, 3, 4 & 5 to strictly

enforce the provisions of the Motor Vehicles Act, 1988

for all commercial vehicles entering the National

Capital Region;

F. Pass any such other order or orders as this Hon'ble

Tribunal may deem fit.

APPLICANTThrough:



Delhi High Court,







BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

AFFIDAVIT

I, Smt. Neena Pradeep, age 51 years, residing at

1st Floor, D-25, Gulmohar Park, New Delhi – 110049, do

hereby solemnly affirm and declare as under:-

1. That I am the applicant and as such I am conversant

with the facts of the case and thus competent to af-

firm this affidavit.

2. That I have read the contents of the accompanying ap-

plication have been read to me, including facts in

brief, grounds etc. from pages 1 to ..... and have un-

derstood the same.

3. That the facts stated therein are true and correct to

the best of my knowledge and belief and nothing ma-

terial has been suppressed.

4. That I have instructed my Advocate and the Applica-

tion has been prepared by my Advocate on my instruc-

tions as stated above.

5. That the Annexures filed herewith are true and correct

copies/ English translations of their respective origi-

nals.

Verified at New Delhi on this 17th day of February, 2016.

DEPONENT

VERIFICATION

I above named deponent, do hereby verify that the

contents of the above affidavit are true and correct to the

best of my knowledge and belief and nothing material has

been concealed there from.

Verified at New Delhi on this 17th day of February,

2016.

DEPONENT






BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

APPLICATION U/S 18 R/W SEC. 14, 15 & 17 OF NGT

ACT, 2010

Compilation- III


APPLICANTThrough:



Delhi High Court,



2010)


BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

INDEX

Compilation III

Sl.No. Particulars

Pages

1. Application for Stay along with duly attested Affidavit

APPLICANTThrough:



Delhi High Court,


New Delhi Ph: (+91)8447685557



2010)

MISCELLANEOUS APPLICATION NO. OF 2016

IN


NEENA PRADEEP ...

Applicant

VERSUS


Respondents

APPLICATION FOR STAY

To,

The Applicant above named most respectfully showeth

as under:-

1. That the Applicant by means of present application is

praying for stay of overloaded trucks of Respondent

No. 11 to 23 from entering the National Capital Region

and the details of illegal practice carried out by

Respondent No. 11 to 23 is enumerated in the above

noted Original Application which are not repeated

expressly herein but for the sake of brevity and in

order to avoid repetition.

2. That the entry of overloaded trucks of Respondent No.

11 to 23 is causing enormous environmental

degradation and ecological imbalance as well as

leading to increased diseases among the people of

National Capital Region.

3. That the Respondent No. 11 to 23 have been

overloading the trucks at their factory premises itself

as weigh bridge are installed in the factory premises

itself, hence it becomes the responsibility of the

Respondent No. 11 to 23 to ensure that the vehicles

are not overloaded with cement and clinkers.

4. That the Respondent No. 11 to 23 have their own

railway siding and should use railways to transport

cement and clinkers as it is the non-polluting means of

transportation.

5. That the Applicant has a bonafide and prima facie

case as air pollution is severely affecting the health of

the population at large. The Applicant is approaching

this Hon’ble Tribunal for immediate intervention and

necessary directions to stop this air pollution being

caused by greed of the Respondent No. 11 to 23.

6. That the Applicant is therefore approaching this

Hon’ble Tribunal bringing the aforesaid facts to its

notice and praying as under.

PRAYER

It is therefore most respectfully prayed that this

Hon’ble Tribunal may graciously be pleased to:-

A. Immediately prohibit the entry of the overloaded

trucks of Respondent No. 11 to 23 carrying

cement and clinker into the National Capital

Region and initiate action against such

Respondents for as they have indulged in illegal

practice by overloading cement from their factory

premises itself.

B. Pass any such other order or orders as this

Hon'ble Tribunal may deem fit.

APPLICANT

Through:



Delhi High Court,


New Delhi Ph: (+91)8447685557






BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

APPLICATION U/S 18 R/W SEC. 14, 15 & 17 OF NGT

ACT, 2010

Compilation- IV


APPLICANTThrough:



Delhi High Court,



2010)


BETWEEN

NEENA PRADEEP ...

Applicant

AND


Respondents

INDEX

Compilation IV

Sl.No. Particulars

Pages

1. An application u/s 151 CPC for exemption from filing true typed copies, certified copies and originals of annexures

APPLICANTThrough:



Delhi High Court,







IN


NEENA PRADEEP ...

Applicant

VERSUS


Respondents

AFFIDAVIT

I, Smt. Neena Pradeep, age 51 years, residing at 1st

Floor, D-25, Gulmohar Park, New Delhi – 110049, do hereby

solemnly affirm and declare as under:-






brief, grounds etc. from pages 1 to …… and have un-

derstood the same.








DEPONENT

VERIFICATION






2016.

DEPONENT



2010)


IN


NEENA PRADEEP ...

Applicant

VERSUS


Respondents

APPLICATION ON BEHALF OF THE APPLICANT UNDER

SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR

EXEMPTION FROM FILING TRUE TYPED COPIES,

CERTIFIED COPIES AND ORIGINALS OF ANNEXURES,

LEGIBLE COPIES

1. The Applicant is filing the accompanying OA, inter alia

praying for Restrain the Respondent No. 11 to 23

causing enormous environmental degradation in the

National Capital Region by directing them not to over-

load their trucks with cement and clinkers beyond the

prescribed limit while destined for or transiting

through the National Capital Region.

2. That the detailed facts and grounds have been set out

in the accompanying OA and the same are not re-

peated herein for the sake of brevity and in order to

avoid repetition. The Applicant craves leave of this

Hon’ble Tribunal to refer and rely upon the same for

the purposes of the present application.

3. That the present application requires immediate relief

and is being filed by the Applicant in view of the ur-

gency in the aforesaid matter craving leave of this

Hon’ble Tribunal to exempt the filing of Originals/Certi-

fied Copies of the documents annexed with the OA.

4. That the Applicant undertakes to produce before this

Hon’ble Tribunal the required Originals/Certified copies

as and when directed by this Hon’ble Tribunal.

5. That the Applicant undertakes to file true typed copies

of all the dim/ illegible/ underlined/ encircled/ vernacu-

lar/ certified copies annexures and seeks the indul-

gence of this Hon’ble Tribunal to grant exemption to

the Applicant from filing legible copies of the annex-

ures.

6. That the present Applicant is filed bonafide and in the

interest of justice.

P R A Y E R

It is therefore, most respectfully prayed that this

Hon’ble Tribunal may kindly be pleased to:-

(a) Exempt the Applicant from filing Originals/certified

copies/true typed/legible copies of annexures to the

Application;

(b) Pass such other or further order(s) as this Hon’ble Tri-

bunal may deem fit and proper in the facts and cir-

cumstances of the present case.

APPLICANT

Through:



Delhi High Court,








IN


NEENA PRADEEP ...

Applicant

VERSUS


Respondents

AFFIDAVIT

I, Smt. Neena Pradeep, age 51 years, residing at 1st

Floor, D-25, Gulmohar Park, New Delhi – 110049, do hereby

solemnly affirm and declare as under:-






brief, grounds etc. from pages 1 to …… and have un-

derstood the same.








DEPONENT

VERIFICATION






2016.

DEPONENT

URGENT APPLICATION · Web viewDr Annie Besant Road, Worli, Mumbai – 400030 MANGALAM CEMENT LTD....

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Transcript of URGENT APPLICATION · Web viewDr Annie Besant Road, Worli, Mumbai – 400030 MANGALAM CEMENT LTD....