Judgment of the National Green Tribunal regarding violation of environmental laws within a stretch comprising about 3.5 kms of length falling in 3 villages of Haryana by NHAI, 13/02/2024

  • 13/02/2024

Judgment of the National Green Tribunal in the matter of Prem Mohan Gaur Vs National Highway Authority of India & Others dated 13/02/2024.

Aggrieved by the encroachment over the water body and other violations at village Kiranj, district Nuh, Haryana by National Highway Authority of India (NHAI), an application had been filed by Prem Mohan Gour, resident of village Hajipur, tehsil Sohna. The pond at village Kiranj was surrounded by a large number of trees. NHAI had to construct NH-148NA comprising construction of a six lane access-controlled highway from DND Maharani Bagh to Junction to near KMP Expressway with NH148N Delhi-Vadodara Expressway Section of NH-148NA.

In execution of the project, NHAI filled the only pond that existed at village Kiranj, even though other land was available which could have been utilised without disturbing the pond. Further, NHAI has executed the project in blatant violation of environmental laws within a stretch comprising about 3.5 kms of length falling in 3 villages namely Paroli (district Palwal), Hajipur (district Gurugram) and Kiranj (district Nuh).

The bench of Justices Prakash Shrivastava and Sudhir Agarwal directed computing of environmental compensation payable by NHAI to Rs 45 crores. NHAI has been directed to pay the said amount within three months by depositing it with HSPCB. In case of failure to deposit the amount of environmental compensation, damaged pond, gochar/grazing land, nallahs should be restored to their original form, shape, size and composition by taking such steps as are required and permitted in law. Appropriate steps for execution should be taken by the Chief Secretary, Haryana.

If environmental compensation is deposited by the NHAI, the same shall be appropriated for restoration/rejuvenation of environment. The plan for restoration/rejuvenation shall be prepared by a Joint Committee. The plan shall be prepared within three months, after deposit of environmental compensation and amount of environmental compensation shall be utilized within six months thereafter.

The NGT directed that compliance reports of above directions should be submitted by the Chief Secretary, Haryana and Member Secretary, Haryana State Pollution Control Board to the NGT by November 15, 2024.