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NGT: Violation of Environmental Clearance (EC) by NHAI while upgrading NH-211
National Green Tribunal (NGT) in the recent case of Sakharam Asaram Kale & Others V. The Regional Officer, Maharashtra Pollution Control Board (MPCB) & Others on 03/09/2019, had passed an order regarding violation of the conditions of the Environmental Clearance (EC) by the National Highways Authority of India (NHAI), in respect of the work rehabilitation and up-gradation of existing 2 & 4 lane highway from Yedshi to Aurangabad which is a section of NH- 211, from 100 Km to 290 Km in the State of Maharashtra.
The Tribunal in its order also said that Rain Water Harvesting (RWH) system including oil and grease trap should be located at every 500 meter along the road but this has not been complied with, also the green belt area has not been developed as required under the conditions of the Environmental Clearance (EC) dated 23/06/2014 which is a violation of norms on the part of the Maharashtra Pollution Control Bank (MPCB) & Others.
National green Tribunal (NGT) hence took cognizance of violation of conditions of the consent to operate by failing to put in place pollution control measures as required by the contractors. These contractors are engaged by NHAI for supplying of crushed stone, metals and operation of hot mix plants, wet mix and ready mix concrete.
National Green Tribunal (NGT) in its Order directs to Constitute a Committee comprising of the Maharashtra Pollution Control Board (MPCB) and the State Level Environment Assessment Authority (SEIAA), Maharashtra, who would be responsible to jointly inspect the work in question and after they have verified the factual aspects they would be required to submit a report.
Tribunal also said that State Level Environment Assessment Authority (SEIAA) is a necessary party in the case and it has to be added as a respondent in the case.
Case is listed for Consideration on 17/10/2019.
