JUDGMENT F.M. REIS, J. 1. A letter received on behalf of Goa Citizens' Watch Dog Association, raising a grievance in respect of the atmospheric pollution primarily owing to the careless handling and transportation of material like coal dust, aluminium powder, iron ore, etc., through Vasco City without adequate/suitable protection measures, which affect the people of Vasco-da-Gama, was converted into a suo motu Writ Petition. On the demise of the latter-petitioner, concerned Citizens of Vasco was impleaded as petitioner. 2. The grievance raised in the above Petition is that the presence of dust particles caused by the spilling of material such as coal and bringing in aluminium powder to feed the requirements of the growing industrial development as well as the non-compliance of the laid down norms in respect of the storage handling and transportation of the said articles spread out and enter the atmosphere. It was further contended that even a casual visitor to any of the buildings in Vasco City, would immediately be aware of the constant and heavy presence of dust particles in the area and all around providing careless handling and transportation of the said materials and/or without suitable protections. It was further contended that coal/coal dust is being brought into Goa through the Mormugao Port and other ports in India and it is therefore necessary that the Chairman of the Mormugao Port Trust and the Government be directed to issue necessary directions with regard to the compliance of the stipulations laid down in the import/storage transportation of coal, handling etc. coal dust, aluminium powder etc. It is further contended that unless such measures are carried out, the conditions would further deteriorate and cause health hazard to the residents of Vasco-da-Gama. It was further contended that Mormugao Port Trust have been handling coal/coke in large quantities since the year 1999 as other ports such as Chennai Port Trust, had rejected such cargo. It is further their contention that the coal handling operations must be done far from any habitation and there should be sufficient buffer stock between the operation and the habitation so as to act as a barrier to prevent any dust generated, from reaching the habitation. It was further pointed out that the coal handling must be done in a closed area and there must be continuous spraying of water on the coal/coke in the location where loading and unloading is carried out. It was further pointed out that the coal handling must be done in a closed area and there must be continuous spraying of water on the coal/coke in the location where loading and unloading is carried out. Another grievance which was also raised was with regard to the transportation which was being carried out through the City of Vasco-da-Gama which is causing a health hazard to the Citizens living in Vasco. It was further their contention that such activity of transportation of such material is unauthorized and illegal and consequently prayed to permanently restrain the Mormugao Port Trust from carrying out coal handling operations at the Mormugao Port and in the alternative for an Order in nature of a writ to permanently restrain the Mormugao Port Trust and/or its agents from transporting coal through the City of Vasco. Further a direction was also sought to Mormugao Port Trust to obtain an environmental clearance for its operation before continuing with its coal handing operation at Mormugao Harbour. 3. On 03.09.2001, the Mormugao Port Trust filed an affidavit and, inter alia, pointed out that reconstruction of berth No. 5A and 6A would be completed by December 2002 and thereafter be handled at the new berths situated away from the Vasco city of Vasco-da-Gama. A notice was also issued to the Indian Oil Corporation Limited, Hindustan Petroleum Limited and Bharat Petroleum Pvt. Limited, who also filed their affidavits. 4. This Court by Order dated 04.02.2001, after taking note of the affidavits filed by the said Companies, held that there was no air pollution by poisonous fumes emitted by these Companies and hence the notices issued to the said Companies were discharged. 5. The State Government on 09.06.2003, constituted a Coal Pollution Monitoring Committee which recommended that coal handling at berths 10 and 11 should be stopped once berths 5A and 6A are constructed. The berths 5A and 6A were completed somewhere in June. 2005. The Mormugao Port Trust accordingly directed transfer of its coal handling operations to the new berths. In the meanwhile a Writ Petition came to be filed bearing No. 151 of 2005 by some Companies somewhere in August 2005 praying, inter alia, that the coal handling operations should be continued at berth Nos. 10 and 11. The said Writ Petition No. 151 of 2005 came to be disposed of on 20.09.2005. In the meanwhile a Writ Petition came to be filed bearing No. 151 of 2005 by some Companies somewhere in August 2005 praying, inter alia, that the coal handling operations should be continued at berth Nos. 10 and 11. The said Writ Petition No. 151 of 2005 came to be disposed of on 20.09.2005. with a direction to the Secretary, Ministry of Shipping (MOS) to examine the Companies grievances and take a final decision in consultation with the State Pollution Control Board. Accordingly, on 15.12.2005, the Secretary of the Ministry of Shipping decided that the coal handling can continue at berth Nos. 10 and 11 provided the users undertake environment protection measures in consultation with the State Control Pollution Board. 6. In the meanwhile, an application came to be filed in the above proceedings by the Amicus Curiae being MCA No. 386 of 2006 praying, inter alia, to stop all coal handling operations at berth Nos. 10 and 11. The State Pollution Control Board filed an affidavit to the said application on 20.11.2006 stating, inter alia, that the Secretary of the Ministry of Shipping had misquoted the Board's Chairman with regard to the continuance of coal handling operations at berths 10 and 11 and categorically affirmed that coal handling activities at berths 10 and 11 must be stopped. 7. Looking into the contentious issues with regard to the dust pollution which emanated from the handling and loading of coal and its transportation. this Court by an Order dated 04.04.2007, inter alia, found that although it is stated on behalf of the respondents Mormugao Port Trust that 90 percent of the coal and coke handling activity is already shifted from berths 10 and 11 to berths 5A and 6A of the Mormugao Port, it was stated by the Amicus Curiae that the dust emanated from the berths 10 and 11 continues to cause pollution to the residential areas in the port town. It was also noted that the Goa State Pollution Control Board has been monitoring the said position but this has not been accepted by the concerned respondents who wanted that the operation should continue at berths 10 and 11. It was also noted that the Goa State Pollution Control Board has been monitoring the said position but this has not been accepted by the concerned respondents who wanted that the operation should continue at berths 10 and 11. Accordingly, this Court directed that the NEERI which is an independent agency be appointed to monitor the ambient air quality in the town of Vasco-da-Gama, in order to ascertain as to whether the air pollution from coal handling operations at berths 10 and 11 are violating the standard set out for the port areas and also standard a set outs in the residential areas at the port town. Further directions, were also issued to NEERI to set up devices with regards to dust operations at the points indicated by the Amicus Curiae on the plan and that NEERI would be free to set up the devices at set out points in case they consider it necessary other than the points so suggested. On 30.06.2008, Agency NEERI reported high Respiratory Particulate Matter and Suspended Particulate Matter levels at the Port and in Vasco Town which warrant immediate attention by the authorities. The said Agency further recommends various immediate short term and long term measures to be effected so as to control the alarming measures of pollution found therein. 8. An affidavit also came to be filed on behalf of the Goa Pollution Control Board, the respondent No.3. In the order dated 12.03.2009, this Court noted that the said Pollution Control Board in principle had accepted the suggestions made by NEERI but the ultimate decision with that regard would be taken at the Board's subsequent meeting. It was further noted that the Board had also recommended additional measures to be taken by the concerned respondents and that the Board would take periodical inspections and consider suggestions of NEERI and submit them. 9. It is further part of the records of the above Petition as noted in the Order dated 30.11.2009, that respondent No.1 informed that NEERI had submitted a report and that the recommendations are being implemented to the extent MPT was required to implement the same. 9. It is further part of the records of the above Petition as noted in the Order dated 30.11.2009, that respondent No.1 informed that NEERI had submitted a report and that the recommendations are being implemented to the extent MPT was required to implement the same. Subsequently, an affidavit came to be filed on behalf of the respondent No.3 on 25.02.2010 stating, inter alia, that in compliance with the recommendations of NEERI, the said respondent carried out monitoring for four weeks so as to ascertain the effect of the ambient air quality pursuant to the installation of additional length of wind shields/screens of 100 metres length. Accordingly, such inspections were carried out by the Board. Based on the said inspections, the Board directed the respondent No.1, the Mormugao Port Trust to submit a detailed point wise compliance of the recommendations made by NEERI as well as additional measures undertaken by the Mormugao Port Trust and thereafter, a meeting was held between the Chairman of the Mormugao Port Trust, the Member Secretary of the Board and the Minutes of the said discussion were drawn and thereafter placed before the Board at its 96th meeting held on 09.02.2010. Consequently, the following directions were issued to the Mormugao Port Trust:- "(a) The height of coal stacked at Berth No. 10 and 11 should not exceed 7 metres. (b) The efficiency of the sprinkler system to be improved for a longer reach. Mormugao Port Trust should install flow meters and maintain a log book for utilization of water for sprinkling on daily basis. (c) Carry out a techno-economic feasibility for mechanisation of coal/coke handling at Berth No. 10 and 11 for construction of closed sheds for storage of coal and coke within forty five days and submit the report to the Board. (d) Erection of additional barricade of G.I. Wind shields on the city side of 100 metres length, within 90 days and submit the compliance report to the Board. (e) Carrying out Ambient Air Quality Monitoring at the same locations where the National Environmental Engineering Research Institute (NEERI), Nagpur had done, through a laboratory recognized by the Ministry of Environment and Forests, Government of India, twice a week and submit reports to the Board every month. (f) Mormugao Port Trust should ensure that the trucks leaving the premises are not overloaded and the coal is covered properly with tarpaulin." 10. (f) Mormugao Port Trust should ensure that the trucks leaving the premises are not overloaded and the coal is covered properly with tarpaulin." 10. Thereafter, an affidavit came to be filed on 19.07.2010 on behalf of the respondent No.1, stating, inter alia, that the respondent in order to prepare the Feasibility Report of the coal handling facilities at the berth No.11 has submitted their Feasibility Report dated 09.06.2010. It was further pointed out that upon consideration of the feasibility report, the respondent No.1, Board had decided to develop 4 MMTPA Mechanized Coal Terminal at berth No.11. The salient features of the said proposed 4 MMTPA Coal Terminal at Berth No.11 are as follows:- "(a) Coal will be handled with screw type of unloading system and transported to closed/ pipe conveyors and the same will be unloaded in domes/silos. (b) 4 Nos. of silos are proposed with a total capacity of 3,00,000 tons approximately. (c) The IRR projected is between 20 to 25 percent. (d) Total cost of the project including plant and machinery and civil works is 425 crores approximately. (e) Since handling system is fully mechanized, state of art technology and scientific method of storage will lead to a pollution free environment." 11. Thereafter, an affidavit came to be filed on behalf of the respondent No.3 which pointed out the decision taken by the Board on its 99th meeting held on 28.10.2010, whereby directions came to be issued to the MPT to comply with the following measures:- "(a) Ensure that the construction of a closed shed and mechanization of coal handling at Berth No.11 is taken up on priority after obtaining Environmental Clearance, Coastal Regulation Zone Clearance and Consent to Establish from this Board, under the Water Act and the Air Act. (b) Ensure that the construction of a closed shed and mechanization of coal handling at Berth No.11 is completed by 30.06.2012. (c) Install a continuous Air Quality Monitoring Station as per the Central Pollution Control Board guidelines, at MPT Institute for monitoring 10 and 2.5 PM, within a period of 90 days from the date of receipt of these directions." 12. The Pollution Control Board thereafter found that the Mormugao Port Trust in accordance with the directions issued based on NEERI report, regularly adopted following measures:- "(a) Regular spraying of water by tankers on roads, berths and stacks by port users. The Pollution Control Board thereafter found that the Mormugao Port Trust in accordance with the directions issued based on NEERI report, regularly adopted following measures:- "(a) Regular spraying of water by tankers on roads, berths and stacks by port users. (b) Sweeping of roads using a mechanical sweeper by port users. (c) Installation of 8 Nos. high mast water sprinkling systems with nozzle arrangements for spraying on stacks and roads. (d) Construction of dedicated elevated roads for truck movements. (e) Covering of trucks/rail wagons carrying cargo with silpaulin before leaving the port area. (f) Covering of coal/coke stacks with silpaulin. (g) Plantation of trees annually on the periphery of the port operational area. (h) Speedy evacuation of cargo. (i) Restriction of cargo stock pile to 5 metres. (j) Installation of wind screens/shields 8.1 metres high. (k) Cleaning of body and tyres trucks using compressed air. (l) Stoppage of cargo handling during very strong/gusty winds. (m) Cargo stock piles are being covered effectively with silpaulin/HDPE (n) Monitoring of AAQ through an approved laboratory etc. 13. Subsequently, on 10.01.2011, the respondent No.3 issued directions under Section 31A of the Air Act to the respondent No.1 to install continuance Air Ambient Quality monitoring station at the MPT Institute and also furnish the time schedule for the mechanization of berth No.11. Consequently, on 10.03.2011, the respondent No.1 submitted the action plan to the respondent No.3, inter alia, stating that the construction of closed shed and mechanization of coal handling berth No.11 would be completed by October, 2014. It was further pointed out that continuance Ambient Air monitoring at the Mormugao Port Trust Institute would commence with effect from April 2011. Thereafter, the respondent No.3 in June 2011 brought to the notice of this Court that the Board had accepted the time frame to complete the mechanization of berth No.11 by October, 2014. Thereafter, in order to ascertain as to whether after the completion of the mechanized coal handling at berth No.11, the present handling of coal at berth No.10 would continue, the respondent No.1 filed an affidavit to the effect that on completion and commissioning of the mechanization and covered storage facilities at berth No.11, the Mormugao Port Trust will discontinue the coal handling at berth No.10. 14. 14. Another affidavit came to be filed by the Mormugao Port Trust on 16.08.2011 and at para 4, in the said affidavit, it is stated as under:- "4. I say that the respondent No.1 will allow the Mormugao Port Users to continue handling coal and shall accommodate the said Mormugao Port Users to handle coal at berth No.7 or berth No. 11 after mechanization and storage of coal in closed shed project and at berth No.10 till the proposed completion and commissioning of the said project in October, 2014 depending on the berth availability." 15. From the foregoing facts on record, we find that the Board is monitoring the implementation of the interim measures taken by the respondent No.1 to control the pollution on account of the loading and unloading of coal at the Mormugao Port. The recommendations of the NEERI which is an independent agency have been substantially accepted by the respondent No.1 and the respondent No.3 has monitored such implementation and issued further directions as enumerated herein above. We also find that after the mechanization of berth No.11, the handling of coal would be discontinued at berth No.10 and as such the grievances raised in the above Petition, would be substantially redressed. The reports by the respondent No.3 have also suggested that on account of the implementation of the measures as directed, the level of pollution has decreased and hence the measures appear to be adequate. Hence, we find that no purpose would be served in further keeping the above Petition pending. 16. We also record with appreciation the assistance, rendered to us in disposing of the above Writ Petition by the learned Amicus Curiae Mrs. Norma Alvares, who has taken all efforts to bring all relevant material on record to assist this Court in disposing the above suo motu Writ Petition. 17. We, accordingly, dispose of the above Petition with the following:- ORDER (i) We, accordingly, deem it appropriate that all the directions issued by the respondent No.3 to the Mormugao Port Trust by its letter dated 9.02.2010, as mentioned in para 9 herein above, shall be treated as directions issued by this Court. (ii) We also accept the time schedule given by the respondent No.1 on 10.03.2011 and direct that the respondent No.1 shall complete the construction of the closed shed and mechanization of the handling of berth No.11 on or before October, 2014. (ii) We also accept the time schedule given by the respondent No.1 on 10.03.2011 and direct that the respondent No.1 shall complete the construction of the closed shed and mechanization of the handling of berth No.11 on or before October, 2014. (iii) We also accept the affidavit of the respondent No.1 referred to at para 13 herein above and direct that on completion and commissioning of the mechanization and covered storage facilities at berth No.11, the respondent No.1 will discontinue the coal handling at berth No.10. (iv) The respondent No.3 is directed to monitor the pollution at the Mormugao Port Trust from time to time to protect the environment and issue directions as necessary from time to time in accordance with law. (v) The respondent No.1 is directed to continue with all the measures taken based on the NEERI report as mentioned at para 12 herein. (vi) Liberty is given to the parties to move this Court in case of any difficulty in the implementation of the above directions. (vii) Rule is disposed of in the above terms. 18. Petition stands disposed of accordingly. Petition disposed of.