The National Green Tribunal (NGT) has imposed a substantial fine of Rs 45 crore on the National Highways Authority of India (NHAI) for environmental violations during the construction of a section of the Delhi-Mumbai Expressway (NH-148NA).
The directive follows a complaint that the construction, partially built over a village pond in Nuh and involving the felling of hundreds of trees in Gurugram, breached several environmental laws. In its ruling, the NGT stated, “If we take the project cost as Rs 908 crores, 5% thereof, comes to Rs 45.4 crores and by rounding off, we make it Rs 45 crores,” ordering the NHAI to remit the compensation within three months. The tribunal emphasised that the NHAI must adhere strictly to environmental laws “in words and spirit.” The tribunal’s investigation uncovered numerous environmental infractions by the NHAI, including the unauthorised cutting of trees and the damage to a pond and stormwater drains. These actions were undertaken without complying with statutory requirements, which mandate thorough examination and approval by the relevant authorities before such activities are permitted.
To address the environmental damage, the NGT directed that the Rs 45 crore fine be allocated towards restoration efforts. A seven-member panel, led by a senior representative from the Ministry of Environment, Forest and Climate Change, will oversee these initiatives. Additionally, the tribunal warned that failure to deposit the fine would result in the damaged pond, grazing land, and stormwater drains being restored to their original state as per legal prescriptions. The NGT underscored the universal responsibility of environmental protection, noting that violations of environmental laws should not occur in project development. The tribunal’s order stated, “There should not be any occasion of violation of environmental laws and norms when seeking to build a project. NHAI is expected to be extremely watchful and careful in such cases.”
Furthermore, the NGT expressed hope that the NHAI would ensure strict compliance with environmental laws in future projects, warning that repeated violations could invite severe civil and criminal penalties. “We hope and trust that NHAI in future shall take care in observance of requirement of law, particularly environmental laws and norms, and shall not repeat the violation thereof inviting severe civil, criminal and other action as provided in law,” the order stated. This ruling serves as a significant reminder of the critical importance of environmental stewardship in large-scale infrastructure projects. It highlights the necessity for government bodies and developers to prioritise environmental considerations and adhere to legal mandates to prevent ecological degradation and ensure sustainable development.
