National Green Tribunal
Shri Narayan Singh vs State Of H.P on 4 January, 2023
Item No. 2 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 685/2022
(With report dated 29.12.2022)
Narayan Singh Applicant
Versus
State of H.P. Respondent
Date of hearing: 04.01.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. None has appeared either on behalf of the applicant or the respondents.
2. We have perused the record.
3. This was a letter petition which was registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as "NGT Act, 2010") whereof suo motu cognizance has been taken by this Tribunal. The Complaint is that one M/s. Sai Eternal Foundation is dumping construction waste and waste stone debris on valley side causing damage to environment and also creating health hazards to local people in the area. The said company is constructing a double lane in Shimla, Himachal Pradesh and in the process of said 1 construction activities, construction waste and other waste is being dumped at Dhalli Tunnel project down the valley side.
4. Considering the grievance raised in this Original Application, this Tribunal constituted a Committee comprising State PCB and Forest Department to give a factual report. Pursuant to the order dated 31.10.2022, joint Committee has submitted its report dated 29.12.2022 submitted in the Tribunal by letter dated 31.12.2022. The observations and findings of the Committee in the report reads as under:-
"The committee of authorized officers carried out the joint inspection of Dhalli and related areas on 21.11.2022 along with Sh. Himanshu Behal, General Manager, M/s Sai Eternal Foundation. Observations are as under:
The work for construction of two lane road tunnel having length of 147 mtrs. at Dhalli was awarded to M/s Sai Eternal Foundation. The excavation work is complete and at present there is no generation of muck/debris.
As per records maintained by M/s Sai Eternal Foundation, total quantity of muck generated from the construction of tunnel is approx. 14,923 cub. Mtrs. Muck generated has been dumped at two designated dumping sites on private land i.e.
(i) land of Sh. Pradeep Verma, S/o Sh. Neem Chand, Khasra No. 343, measuring 00-20-22 (1/2 share), Mohal Evag, Tehsil Sunni, Distt. Shimla (HP) and (ii) land of Smt. Shanti, D/o Sh.
Bhagat Ram, Khasra No. 21, measuring 00-34-26 hect., Mohal Bhdech, PO Durgapur, Sunni, Distt. Shimla (HP). Further, approx. 755 cub. Mtrs muck was transported to captive crusher plant of M/s Sai Eternal Foundation at village Devidhar, Tehsil Sunni, Distt. SHimla (HP) for crushing & re- using.
Location wise status of muck dumping:-
i) Land of Smt. Shanti, D/o Sh. Bhagat Ram, Khasra No. 21, measuring 00-34-26 hect., Mohal Bhdech, PO Durgapur, Sunni, Distt. Shimla (HP): - As per records provided by representative of M/s Sai Eternal Foundation, approx. 1,454 Cub. Mtrs. muck has been dumped at the said site (Vehicle wise details of muck dumped and copy of agreement with the land owner is attached as Annexure-I & II). It was observed during the inspection that protection measures have been provided at the site and the site is stable at present (Photographs attached).
ii) Land of Sh. Pradeep Verma, S/o Sh. Neem Chand, Khasra No. 343, measuring 00-20-22 (1/2 share), Mohal Evag, Tehsil 2 Sunni, Distt. Shimla (HP): - As per records provided by representative of M/s Sai Eternal Foundation, approx.
12,714 Cub. Mtrs. muck has been dumped at the said site (Vehicle wise details of muck dumped and copy of agreement with the land owner is attached as Annexure-III & IV). It was observed during the inspection that wired crate walls have been provided at the bottom of the site, however, same are inadequate and height of the crate walls need to be raised to prevent flow of debris over the crate walls. It was apprised by the representative of the M/s Sai Eternal Foundation that height of crate walls could not be raised as there is ownership dispute between the land owners of dumping site and adjoining areas. A court case regarding the same is already pending in Court of Civil Judge, Shimla titled as Som Prakash & Others Versus Sh. Pradeep Verma & Others. Directions were issued to the project proponent that no further dumping should be carried out at the said site till proper retaining structures are provided at the bottom of the dumping site (Directions issued and Photographs are attached as Annexure-V, collectively). It is pertinent to mention here that there is already a court case pending before the Hon'ble Court of Civil Judge, Court No. (6), Shimla, (HP) vide No. 168/2022, CMA No. 1632/2022 titled as Sam Prakash & Others Versus Sh. Pradeep Verma & Others), regarding illegal muck dumping and encroachment of land."
5. The perusal of the above findings of the Committee shows that there is no apparent violation on the part of the Proponent but muck has been stored in private lands without any safety and protection measures.
6. We therefore, find it appropriate to direct Forest Department and State PCB to ensure that the muck is not flowed down the valley sides and the same is removed and taken to the identified landfill site for scientific dumping in accordance with the Rules and this shall be the obligation of the Proponent. If the Proponent fails to take such steps, it will be open to the State PCB to make assessment of environmental compensation and after realizing the compensation, spend the said amount for remediation and restoration.
7. With these directions, the Original Application is disposed of. 3
8. A copy of this order be forwarded to State PCB and Forest Department i.e. Additional Chief Secretary, Forest and Divisional Forest Officer, Shimla Forest Division, Shimla.
Sudhir Agarwal, JM Prof. A. Senthil Vel, EM January 04, 2023 Original Application No. 685/2022 SN 4