Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness vs National Highway Authority of India & Ors.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Online)(NGT) 232

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sheo Kumar Singh, J, Nagin Nanda, Expert Member
Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness – Appellant
Versus
National Highway Authority of India & Ors. – Respondent

Advocates:
For the Respondents:Mr. Pinaki Misra, Senior Advocate, Mr. Kshitez Kaushik, Advocate, Mr. A.K. Jain, Advocate

Table of Content
1. remedial actions required for environmental protection. (Para 1 , 2)
2. guidelines for green belts and environmental enforcement cited. (Para 3 , 4)
3. execution of prior orders and need for adequate compliance. (Para 5 , 8)
4. public authorities' responsibility for environmental regulation upheld. (Para 6 , 7 , 9)
5. court emphasizes accountability of public authorities. (Para 10)
6. outcome is disposition of the application with directions for compliance. (Para 11 , 12)

ORDER

1. The issue for consideration is the remedial action for protection of environment along the highways. The steps include green cover to minimize the impact of dust pollution on account of traffic, leaving of space on both sides of highways for tree plantation and expansion, preventing direct access to the highways without bye-lanes/exit routes and regulating the opening of access to the buildings directly from the highways.

2. We may refer to the background of thr proceedings. The Applicant approached this Tribunal for directions under Section 15 of the NGT Act, 2010 for mandatory green cover on both sides of highways on the pattern of notification dated 25.07.2012 issued by the Town and Country

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