Pranav B Prem

The National Green Tribunal (NGT) Principal Bench at New Delhi, comprising Justice Prakash Shrivastava (Chairperson) and Dr. A. Senthil Vel (Expert Member), has dismissed an interim application filed by Northern Railway after noting that the Delhi Pollution Control Committee (DPCC) had already imposed an Environmental Compensation (EC) of ₹2.06 crore for operating without mandatory environmental permissions.

Also Read: NGT Seeks Govt, Local Authorities’ Reply on Encroachment and Neglect of Green Belts Along Delhi–Saharanpur Highway

The case arose from allegations that a Northern Railway unit in Delhi was functioning without obtaining the requisite Consent to Operate (CTO) under applicable environmental regulations. The interim application, numbered IA No. 389/2025 in Gaurav Bansal v. Govt. of NCT of Delhi & Ors., had been filed by Northern Railway to challenge a show cause notice issued by the DPCC proposing imposition of environmental compensation.

During the hearing, counsel for Northern Railway submitted that the application no longer survived since the DPCC had already completed proceedings and passed a final order imposing the compensation. It was informed that Northern Railway was in the process of filing an appeal against the said order. Recording this submission, the Bench observed that “on account of subsequent development IA No. 389/2025 does not survive because in the IA the show cause notice for imposition of Environmental Compensation issued by the DPCC was questioned, but in the meanwhile the proceedings are complete, the EC has been imposed and the Northern Railway is in the process of filing the appeal.” Consequently, the Tribunal dismissed the interim application as infructuous.

The Tribunal also took on record the Action Taken Report filed by the DPCC on 1 September 2025 in compliance with its earlier direction dated 18 February 2025. The report revealed that the DPCC had proceeded against the Northern Railway unit following its show cause notice dated 9 May 2025. It stated that the railway division had been operating without a CTO, and the activity fell under the Red Category — designated for the most polluting industries. The DPCC found the unit to be in continuous violation for 515 days, from 18 December 2023 to 15 May 2025.

On that basis, the DPCC calculated the environmental compensation at ₹40,000 per day, doubling the base rate as the entity was operating without a CTO. Accordingly, a total penalty of ₹2,06,00,000 was imposed through order dated 21 August 2025, in line with the DPCC Policy dated 30 March 2022. The order also granted Northern Railway a final opportunity to apply for CTO within 15 days, along with payment of the applicable fees and submission of all requisite test reports to ensure compliance.

Also Read: Thousands of Dead Fish in Yamuna: NGT Pulls Up Authorities, Directs CPCB to Act

During the hearing, counsel appearing for the DPCC submitted that a fresh inspection of the concerned railway shed would be conducted to verify adherence to environmental standards. Accepting this assurance, the Tribunal directed the DPCC to undertake the inspection and submit a detailed compliance report within six weeks. In view of these developments, the NGT dismissed Northern Railway’s interim application as infructuous, noting that the environmental compensation proceedings had already culminated in a final order. The Tribunal has directed the DPCC to file its inspection report and listed the matter for further consideration on 15 December 2025.

Appearance

Applicant: -

Respondents: Mr. Gigi. C. George & Mr. Sunil Kumar, Advs. for Northern Railways Mr. Narender Pal Singh, Adv. for DPCC

Cause Title: Gaurav Bansal V. Govt. of NCT of Delhi & Ors.

Case No: Original Application No. 132/2023 (IA No. 389/2025) 

Coram: Mr. Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel (Expert Member)