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2023 Supreme(Online)(NGT) 513

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
DEEPAK PATANI – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent


ORDER

1. This application has been filed with the prayer to direct the Respondent No. 1 to obtain environmental clearance for the construction of Jaipur Ring Road and NH148C. As per version narrated by the applicant, a request for proposal for construction of Balance work of Jaipur Ring Road (NH148C), two interchanges, from Tonk Road (NH52) to Ajmer Road Section (NH48) in the State of Rajasthan on engineering procurement & construction (EPC) mode hereinafter referred to as Agreement, was issued by the Respondent No. 1 – National Highway Authority of India (NHAI) IN March, 2020. The agreement was entered between respondent No. 1 and Respondent no.2 being the selected bidder.

2. Under the said agreement of Engineering, Procurement and Construction Clause 4.10 provides that, the contractor agrees to conduct its activities in connection with the agreement in such a manner so as to comply with the environmental requirements which includes, inter alia, all the conditions required to be satisfied under the environmental clearance and applicable laws, and assumes full responsibility for measures which are required to be taken to ensure such compliance. The said agreement in clause 8.1(b) aga

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