ORDER

1. The issue for consideration is the remedial action against violation of environmental norms by National Highway Authority of India (NHAI) and its contractors - M/s Gammon India Limited (GIL), the Hindustan Construction Co. Ltd. (HCCL) and M/s Choudhary Power Project Pvt. Ltd. (CPPPL), sub-contractor of M/s GIL and M/s HCCL, in the course of four laning of National Highway from Udhampur to Banihal in Jammu and Kashmir.

2. The matter has been considered by this Tribunal during the last four years. For purposes of this order, we may refer to last five orders i.e.

24.08.2018, 12.02.2019, 11.07.2019, 09.01.2020 and 20.03.2020. By the first order, the matter was considered in the light of reports of statutory/expert committees received that damage to environment was taking place by dumping of muck without precautions. While directing remedial action, this Tribunal constituted a Monitoring Committee (MC) headed by Justice J.R. Kotwal, former Judge of J&K High Court to give an independent report in the matter.

By the second order, the matter was considered in the light of preliminary report of the said MC to the effect that damage to the environment was continuing. The Tribunal accordingly directed the M/s GIL and M/s HCCL to pay interim compensation for damage to the extent of Rs. 1 crore each and performance guarantee of like amount for improving the situation within next three months. The said order was affirmed by the Hon’ble Supreme Court on 08.07.2019 in Civil Appeal No.

5113-14/2019.

By the third order, the Tribunal considered the report filed on

09.07.2019 based on inspection conducted on 02.05.2019 to the effect that damage to the environment was continuing. The Tribunal directed M/s GIL and M/s HCCL to furnish performance guarantee of Rs. 2 Crore each and NHAI to furnish performance guarantee of Rs. 1 Crore to the satisfaction of CPCB for remedying the situation.

The fourth order also found that the violations were continuing and remedial action was directed to be taken.

Lastly, vide order dated 20.03.2020, the Tribunal considered report dated 17.03.2020 by the MC based on site inspection on 29th – 31st January, 2020. The deficiencies were pointed out to M/s GIL by the State PCB by notice dated 20.10.2019. The MC gave suggestions and the Tribunal directed that the suggestions to be acted upon by the project proponents, including measures for slope stabilization.

3. We have taken up the matter today in continuation of earlier proceedings. Further report has been filed on 24.09.2020 based on status reports dated 31.07.2020 and 17.09.2020 filed by the Divisional Officer of the State PCB with the Regional Director, State PCB, alongwith supporting material. On consideration of the said inspection reports, the MC observed that there was failure in preparing and maintaining designated dumping sites as shown by the photographs. The debris excavated in the widening process has been found unscientifically dumped down the hill slopes into the seasonal nallas and rivulets. The dumping sites were overflowing and not properly maintained. NHAI failed to exercise supervisory control.

4. The relevant extracts from the inspection report dated 31.07.2020 submitted by the Divisional Officer of the State PCB are:

“Sub: Status of muck dumping by:

1) M/s Gammon Engineers & Contractors Pvt. Ltd. (GECPL) now subcontracted to M/s Choudhary Power Projects Pvt. Ltd (CPPL) from Nashri to Ramban stretch (km 130.00 to km

151.00) w.e.f. August, 2019 engaged in four laning of NH-44.

2) M/s Hindustan Construction Company (HCC) Ltd now subcontracted to M/s Choudhary Power Projects Pvt. Ltd (CPPL) from Ramban to Banihal stretch (km 151.00 to km 187.00)

w.e.f. 1st March, 2020 engaged in four laning of NH-44.

Sir, With regard to the subject cited above and in continuation to this office letter Nos. PCB/DO/Rbn/2020/29 dated: 03-03-2020, PCB/DO/Rbn/2020/25 dated: 28-02-2020, SPCB/DO/Rbn/ 19/191 dated: 10-12-2019 and SPCB/DO/Rbn/19/138 dated: 17-08-2019 it is to inform t