NEW DELHI: The National Green Tribunal on Tuesday directed the National Highways Authority of India (NHAI) to pay a fine of Rs 45 Crore over a complaint that a section of the Delhi-Mumbai Expressway (NH-148NA) was constructed partly on a village pond in Nuh and by felling hundreds of trees in Gurugram in violation of environmental laws.
"Construction activities of highways in violation of environmental laws cannot be said as in public interest and public welfare," Chairperson Justice Prakash Shrivastava-led bench observed.
The green court said, "If we take project cost as Rs.908 Crores, 5% thereof, comes to Rs.45.4 Crores and by rounding off, we make it Rs.45 Crores," while asking the highway body to pay the compensation within three months.
It said the highway body must follow environmental laws "strictly in words and spirit."
The tribunal noted that in this case, the NHAI has committed several environmental violations including cutting hundreds of trees and damaging a pond and stormwater drains. These were done without following the statutory requirements which prohibits such activities without proper examination by the concerned authorities.
"The mere violations are sufficient to take penal action against the violator, besides remedial action, but when the violations are on the part of State or statutory body, in our view, situation demand the severest action, as much as possible and permissible and no compassion is deserved in such matters," the bench, also comprising Justice Sudhir Agarwal and Expert Member Dr A Senthil Vel said.
The tribunal directed the Highway body to use the fine for restoration of the environment, while directing a 7-member panel led by a Senior representative of the Ministry of Environment, Forest and Climate Change.
It further said that, in case of failure to deposit the amount, the damaged pond, grazing land, nallahs etc. shall be restored to their original form by taking such steps, as prescribed in the law.
The order said that protection of the environment is the responsibility of every person and citizen. There should not be any occasion of violation of environmental laws and norms when seeking to build a project. NHAI is expected to be extremely watchful and careful in such cases, it added.
"We hope and trust that NHAI in future shall take care in observance of requirement of law, particularly environmental laws and norms, and shall not repeat the violation thereof inviting severe civil, criminal and other action as provided in law," the order stated.