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) again provides that the Respondent No. 1 shall be responsible for obtaining licenses and permits for Environmental Clearance for the Project Highway.

3. Further clause 23.2 (i)(c) provides the necessity of obtaining Environmental Clearances required for the construction of project highway by Respondent No.1 wherein inability to obtain Environmental Clearances in 180 days will be a ground for termination of contract on the default of Respondent No.1. Under Recital B the Respondent No. I resolved to construction of balance works of Jaipur Ring Road (NH_ 148C) from Tonk road(NH-52) to Ajmer road section (NH-4g) in the state of Rajasthan on Engineering, procurement and Construction (EPC) basis in accordance with the terms and conditions of the agreement.

4. The main question involved in this application is necessity of environment clearance in view of the EIA notification, 2006 and its amendments under entry 7 of the Schedule for the National Highway Project. The Draft Engineering Procurement and Construction (EPC) agreement for construction of balance works as part-2 (Two numbers of interchanges) issued by the National Highways Authority of India (NHAI) in March, 2020, Clause 3.3 provides that “the authority represents and warrants that the environmental clearances are not required for constructions of the project”. While contention of the Applicant is that environment clearance is required.

5. The matter was taken up by this Tribunal on 18.10.2022 and notices were issued to the respondents for submission of reply. Replies as submitted by the respondents are on record. We have heard the parties and perused the record. The submission of Respondent /NHAI is that JDA engaged a Concessionaire on a Design, Build, Finance, Operate and Transfer (DBFOT) basis for the purpose of development of proposed PAP corridor & Ring Road Project Jaipur. In furtherance of the same, the JDA, in 2013, the Jaipur Development Authority (JDA) vide File no. F1(4)/SEIAA/SEACRaj/Sectt/Project/Cat.8(a)B2(623)/13-14 dated 20.09.2013, sought Environment Clearance under Category 8(a)B2 (Building/Construction projects/ Area Development Projects) from the State Level Environment Impact Assessment Authority, Rajasthan.‘

6. The proposed development by Jaipur Development Authority was a Ring Road Project and was not a New National / State Highway or expansion of an existing Highway. Thus, the development of corridor covering residential/commercial development and construction of ring road was duly covered under Category 8 of the Schedule of EIA Notification, 2006.

7. The proposal was duly scrutinized by the SEAC Rajasthan and after its recommendation, EC dated 27.01.2015 was granted by SEIAA to JDA for the purpose of the said project. The clearance was issued for the development of an area of 1581.