The National Highway Authority is jointly liable for environmental violations committed by its subcontractors, necessitating compliance with environmental laws and imposition of compensation for damages caused.

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. On a letter petition dated 06.08.2023 received from Balwinder Kaur, this Original Application (hereinafter referred to as ‘OA’) was registered under Sections 14 and 15 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha , (2022) 13 SCC 401

2. The complainant raised a grievance of risk of thousands of trees felling due to likelihood of land sliding. It is said that illegal mining is being carried out upto 15 to 20 feet in agricultural land adjacent to Forest Department land where thousands of trees are standing which are facing risk of land sliding on account of illegal mining which may result in tremendous loss to environment. The complaint was supported by the photographs showing deep mining near the land where large number of trees are standing.

3. Tribunal’s Order dated 09.04.2024: Tribunal taking cognizance of complaint, found it appropriate to call for a factual Report by constituting Joint Committee comprising representatives of Punjab State Pollution Control Board (hereinafter referred to as ‘PSPCB’), and District Magistrate, Ropar vide order dated 09.04.2024.

Report dated 20.05.2024 filed by PSPCB:

4. Pursuant to above order, Report dated 20.05.2024 has been filed by Joint Committee through Environmental Engineer, PSPCB. Joint Committee visited the site on 23.04.2024 and found that several violations in respect of mining conducted at site which included mining of much more material than permitted by M/s. Ceigall India Limited, a company employed by National Highway Authority of India (hereinafter referred to as ‘NHAI’) for construction of Jammu-Katra Expressway on part coming in district Rupnagar. Observations of Joint Committee are as under:

“It was observed that the site falls in the revenue estate of Village Pathreri Ranghran with coordinates (Latitude 30.912763 Longitude 76.520868). During visit, the complainant Smt. Balwinder kaur w/o Sh. Gurveer Singh and other farmers/ land owners Sh. Satwant Singh S/o Sh. Dharam Singh and Sh. Jaswant Singh S/o Sh. Dharam Singh village Pathreri Jattan were present. They raised the issue regarding adverse impact of mining onto their land holdings and informed that earth mining upto 15-20ft has been carried out in their adjoining land by M/s Ceigall India i.e. company hired by NHAI for extraction of minor minerals for construction of highway (Copy of the statement of Sh. Satwant Singh, Sh. Jaswant Singh, Sh. Najar Singh, sons of Sh. Dharam Singh, Village Pathreri Jattan has been enclosed as (Annexure-2).The site was jointly inspected by the team and it was observed that the site is surrounded by Forest area (adjoining bhakra canal) on one side, Panchayati Land (Shamlat) on other side and land of private owners/farmers on other two sides. Further, the google image of site is given below:

Google Image omitted

On North and West side of the site under complaint, there is private land of farmers, on the East side there is Bhakhra Canal and on the South side, there is panchayati land of Village Pathreri Rangran. The forest land is located along the bank of Bhakhra Canal.

5) The Executive Engineer, Mining, vide letter no. 5186 dated 23.04.2024 informed that the construction of Jammu- Katra Expressway is under construction by M/s Ceigall India Limited Company in District Rupnagar. In connection to which K-1 permits have been issued to the concerned company after payment of royalty to the government. For 03 number, K-1 Permits issued to the