New Delhi, April 6 Flagging environmental violations by the National Highways Authority of India (NHAI), which constructed highway pillars inside a protected pond in the Goyla Khurd village of Delhi, the National Green Tribunal (NGT) on Monday directed it to take corrective measures.
The green body was hearing a case where it had initiated suo motu (on its own) proceedings based on a newspaper report regarding the NHAI constructing a highway at protected pond sites.
The report alleged that the Urban Extension Road-II over the pond in Goyla Khurd village passed through the village pond, which had been designated as a natural wetland.
A bench of NGT Chairperson Justice Prakash Shrivastava and expert member A Senthil Vel said, "The core issues that need to be considered are whether the wetland in question is a protected wetland and whether Respondent 3 (NHAI) has constructed the bridge on this wetland by reducing its area in violation of environmental norms."
It noted that the Delhi Wetland Authority had clarified that the waterbody was a wetland and it required to be protected.
Noting the evidence before it, the tribunal said, "The status of construction of the pillar inside the water body by the NHAI is not in dispute. Thus, it is clear that the NHAI, by constructing eight pillars, has encroached upon an area of 2.36 square metres of the pond, which is approximately 0.23 per cent of the area of the pond."
It said there was nothing on record to show NHAI's disclosure that the waterbody would be encroached upon and pillars would be constructed inside the waterbody.
"The Environmental Clearance (EC) dated December 30, 2021, was issued by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), clearly mentioning that the proposed structure was on the pond without any mention about the erection of pillars on the pond," the tribunal said.
It said that while obtaining the EC, the NHAI did not disclose that it would be constructing the pillars inside the pond and so no environmental impact assessment was done by the MoEF&CC.
"Rule 4 of the Wetlands Rules does not permit any kind of encroachment on the wetland. It also does not permit the construction of a permanent structure in the wetland. Thus, Respondent 3, NHAI, has violated the above rules," the tribunal said.
It noted the NHAI's submissions about sustainable development, saying that the construction of the road was necessary for the development of infrastructure, public interest and convenience.
"There is no dispute to the proposition that a balance is required to be struck between environmental protection and development, but even for attracting the said principle, an agency involved in the developmental project is required to follow the law and take necessary applicable environmental clearances by disclosing full facts," the tribunal said.
It said that the NHAI should have disclosed the fact about constructing the pillars in the pond and thus reducing its area.
"Even though the encroachment/reduction in the area is small, the law should have been followed and the requisite permission from the Environment Impact Assessment Authority in terms of the EIA Notification, 2006, ought to have been taken," the tribunal said.
NHAI counsel said the authority was ready to undertake all restorative measures.
Disposing of the matter, the tribunal directed the MoEF&CC to consider the aspect of violation of the environmental clearance condition by NHAI and take an appropriate decision in accordance with law after following the principles of natural justice within six months.
It directed the NHAI to make full disclosure in future about the natural water resources, ponds, lakes, streams and the like which might be affected in the construction activity while applying for environmental clearances.
"In addition to the issue of the construction of pillars on the water body without requisite clearance, there is also an issue of the throwing of muck and the damage caused to the water body. Hence, we direct a joint inspection by a team of representatives of Delhi Pollution Control Committee (DPCC) and NHAI," the tribunal said.
It asked the team to ascertain any other damage caused to the water body in the course of construction, following which the NHAI had to take remedial measures.
"The said team will also ascertain the other protective and rejuvenation steps that can be taken with regard to the water body in question and it would be the responsibility of the Respondent 3 to ensure those remedial measures are taken within six months," the tribunal said.
It also asked the DPCC to ascertain the environmental damage compensation by giving an opportunity of hearing to NHAI.