The National Green Tribunal (NGT) has recently ordered the National Highways Authority of India (NHAI) to pay INR 2 crore in compensation for failing to comply with environmental standards while building an eight-lane highway in Delhi from Mukarba Chowk to the Singhu border.
The tribunal was hearing a petition alleging dust generation due to non-sprinkling of water at village Khampur and other stretches, as well as failure to follow compensatory afforestation principles and non-compliance with the Green Highways (Plantation, Transplantation, Beautification, and Maintenance) Policy.
A bench led by Chairperson Justice A K Goel noted that the tribunal had requested a factual report from the Central Pollution Control Board (CPCB) and the director of the national capital’s environment department in November last year.
The bench, which also included judicial members Justice Sudhir Agarwal and Justice Arun Kumar Tyagi, as well as expert member A Senthil Vel, stated that the joint committee had submitted its report, but that NHAI had failed to rebut its observations and recommendations despite being given an opportunity.
“Air pollution control norms are an essential component of sustainable development, and any activity that generates dust must be accompanied by dust control measures that have not been taken,” the bench stated.
“We require NHAI to pay compensation of Rs 2 crore to be deposited with the Principal Chief Conservator of Forest (PCCF) and head of forest force, Haryana, within one month for the past violation,” the bench added.
It stated that the funds must be used for restoration measures in the area through appropriate plantation, and that NHAI must prepare an action plan with the approval of the joint committee within one month, which must be carried out within three months.
The green tribunal stated that the panel’s report revealed “massive violations” of the Union Ministry of Road Transport and Highways’ guidelines titled “Green Highways Policy, 2015” for highway plantation, transportation, beautification, and maintenance.
“Aside from corrective measures, the NHAI must be held accountable for violations of the polluter pays principle, even if they are committed by its officers or contractors,” the tribunal stated.
It stated that the NHAI was required to take corrective measures for dust mitigation during the construction and operation phases, such as covering construction materials while transporting and storing them, sprinkling water at regular intervals, planting, removing encroachments, and monitoring air quality.
