The National Green Tribunal, Principal Bench New Delhi in the case of Prem Prakash Prajapati Vs Project Director, PIU Sonipat & Ors directed NHAI to pay compensation of Rs. 2 Crores due to the massive violations of Guidelines of Ministry of Road Transport and Highways titled ‘Green Highways, Policy, 2015’.
It was also ruled that any activity which results in the generation of dust has to go along with the dust control measures. Air pollution control norms were ruled to be an essential component of sustainable development.
Brief Facts:
A lot of dust was being generated as there is no sprinkling of water near the village of Khampur. 161 trees have been alleged to be cut in 2021. Although it was claimed that 1760 more trees were planted at Garhi Mandu, near Yamuna Bank, 26 km away from Village Khampur, the same does not in any manner mitigate the dust generated by the project at the place where trees have been cut and thus do not substitute the environmental services of the cut trees.
To maintain ecological balance in the area where trees are taken down, compensatory afforestation is done. If trees are planted far away from any area, this cannot be accomplished.
Moreover, the 2015 Green Highway (Plantation, Transplantation, Beautification and Maintenance) Policy was not being followed.
Hence, the Delhi Secretary for Environment and Forest ordered the payment of compensation in the amount of Rs. 11,12,64,000 in lieu of the removal of 1952 trees, however, the NHAI has not made the required deposit.
Observations of the Tribunal:
It was noted that the NHAI has not carried plantations despite the land being available for the same.
The Hon’ble Tribunal observed that the NHAI is required to implement corrective actions for dust mitigation during the construction and operation phases, including covering construction materials while transporting and storing them, sprinkling at regular intervals, planting trees, removing encroachments from ROW, and air quality monitoring of key air quality parameters in the area to implement additional corrective actions about gross violations.
It was noted that the report clearly shows that there is a gross violation of guidelines issued by the Ministry of Road Transport and Highway titled ‘Green Highways, Policy, 2015’ for plantation, transportation, beautification and maintenance.
It was also ruled that any activity which results in the generation of dust has to go along with the dust control measures. Air pollution control norms were ruled to be an essential component of sustainable development.
The decision of the Tribunal:
Based on these considerations, the Tribunal directed NHAI to pay compensation of Rs. 2 crores.
Case Title- Prem Prakash Prajapati Vs Project Director, PIU Sonipat & Ors
Coram- Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Justice Arun Kumar Tyagi, and Justice Dr. A. Senthil Vel
Case No.- Original Application No. 838/2022
Advocate for Respondents: Advs. Mr. Shreyansh Rathi, Mr. Vikrant Pachnanda, Ms. Jyoti Mendiratta
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