CUTTACK: The National Green Tribunal (NGT) has directed the Odisha State Pollution Control Board (OSPCB) to ascertain veracity of allegations regarding use of illegally mined minor minerals in construction of the Bhadrak-Balasore stretch of NH-16 widening project of National Highways Authority of India (NHAI).
The construction of the road was undertaken with use of an estimated 10,50,000 cubic metre of soil/earth/morrum, 44,523 cubic metre of sand, 10,95,000 cubic metre of stone aggregates and 1,73,142 cubic metre of stone crusher dust without consent/environmental clearance (EC). NGT’s East Zone bench also asked the SPCB to determine the environmental compensation if any violations are found and file an action taken report within three months with the Registrar.
Alay Samantaray, a social worker filed the petition alleging illegal mining of the minor minerals. Advocate Sankar Prasad Pani argued on the petitioner’s behalf. It was argued on behalf of NHAI that having been awarded the contract, it is the contractor who is liable for compliance. The contractors took stand that they procure material for executing the contract and have no accountability for violations by suppliers as they are not by themselves undertaking any mining. The suppliers also sought exemption from requirements of obtaining consents/EC for mining on the ground that road construction projects fall under such exemption.
However, a five-member bench headed by chairperson Adarsh Kumar Goel ruled that exemption from environmental clearance for road construction projects does not extend to the mining of different minor minerals used in them.