Tribunals and CommissionsDivision Bench(2023) 08 NGT CK 0023

Nathu Ram vs Ministry of Road Transport & Highways

National Green Tribunal · Decided on 14 August 2023

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 504 Of 2023

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Judgment

7 paragraphs · 362 words
1.

Mr. Nathu Ram Chauhan, Chairman of N.H. 707, Nirman Rakh Rakhav Evam Sangarsh Samiti, Tulsa Sadan, Village Pabhar, Post Office and Gram-Panchayat Jamna Tehsil Kamrau has filed the present application under the provisions of the National Green Tribunal Act, 2010 complaining about violation of environmental norms in construction of green corridor NH 707 in Himachal Pradesh.

2.

The  applicant  has  pointed  out  the  irregularities/violation  of environmental norms in construction of NH 707 and submitted that muck/stones generated during construction of NH 707 were directly dumped into the trenches thereby destroying rich flora and fauna, waterbodies, natural springs, habitats and agricultural and horticultural field. Lakhs of green trees were cut/destroyed. Billions of tons of sand was thrown in Yamuna River. Prohibited Gelatin Sticks were illegally used for blasting. Environmental damage caused may lead to land slide involving loss of life and property.

3.

The allegations made in the application are general and vague. The applicant, as per his own admission, did not challenge environmental clearance (EC) granted to the project. The applicant has not made any specific averments regarding violation of EC/CTE/CTO conditions. No particulars have been given regarding the specific sites where illegal blasting is alleged to have been carried out, where trees have been illegally cut and where water bodies/natural springs etc., have been destroyed. There are no specific allegations with respect to specific sites substantiated by any cogent material as to violation of environmental norms.

4.

While there has to be strict implementation of the environmental norms, rules and regulations and all requisite steps have to be taken for protecting and improving environment and abating environmental pollution, yet grievances of the applicant can be redressed only when the requisite details are given and in the absence thereof no intervention by this Tribunal is warranted.

5.

The application is disposed of accordingly.

6.

However, if the applicant gives the requisite details, State PCB, and District Magistrate, Sirmaur, Himachal Pradesh may look into the matter and take remedial action in accordance with law.

7.

A  copy  of  this  order  be  forwarded  to  State  PCB,  and  District Magistrate, Sirmaur, Himachal Pradesh by e-mail for information and compliance, as the case may be.