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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice Sudhir Agarwal, J, Justice Brijesh Sethi, J, Dr. Nagin Nanda, ACJ
Ajay Bisht – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. compliance with the forest (conservation) act is needed in road construction. (Para 1) |
| 2. compliance with the forest conservation act's provisions is essential in public construction projects. (Para 2) |
| 3. public interest projects must comply with environmental standards. (Para 3) |
| 4. remedial action for muck disposal violation is mandated. (Para 4) |
| 5. compensation must be paid for environmental violations. (Para 5) |
ORDER
1. The issue for consideration is compliance of provisions of the Forest (Conservation) Act , 1980 (FC Act) in the process of construction of a road by the State PWD at Jaminipar, District Almora, Uttarakhand.
2. Vide order dated 24.02.2020, a report was sought from the PCCF (HoFF), Uttarakhand with reference to the allegations of violation of law by the State of Uttarakhand. The matter was last considered on 02.11.2020, in the light of report of the PCCF (HoFF), Uttarakhand dated 17.10.2020 which merely mentioned that the construction of the road was in public interest. The Tribunal observed that even public interest project requires compliance of environmental norms, including muck disposal. The Tribunal, accordingly, sought a further report from the
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