National Green Tribunal
Rakhini Mipi vs State Of Arunachal Pradesh on 20 July, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.77/2021/EZ
IN THE MATTER OF:
Rakhini Mipi
S/o Jihi Mipi
R/o Dilbang Valley, Village Mipi
District Dibang Valley
Arunanchal Pradesh
....Applicant(s)
Versus
1. State of Arunachal Pradesh
Through Chief Secretary
Government of Arunachal Pradesh,
Civil Secretariat,
Itanagar 791111
2. Ministry of Environment and Forest and Climate
Government Union of India
Through its Secretary,
New Delhi
Indra Prayavaran Bhawan,
Jor Bag,
New Delhi 110003
3. National Highway Authority of India
Through Chairman Cum Managing Director
(Ministry of Road Transport and Highway)
G-5&6, Dwarka,
New Delhi 110075
1
4. National Highway & Infrastructure Development
Corporation Ltd.
Through General Manager (Projects):-
Roing Midland Village,
PO & PS Roing,
Pin 792110
5. Central Pollution Control Board
Through its Chairman
Parivesh Bhawan,
CBD-cum-Office Complex
East Arjun Nagar,
Delhi - 110032
6. State Pollution Control Board
Through its Chairman
Itanagar, Arunachal Pradesh
Pin Code 791111
7. Deputy Commissioner
Anini, District Dibang Valley
Pin Code 792101
8. Chief Conservation of Forest
Itanagar,
Pin Code 791111
9. District Forest Officer
Anini, District Dibang Valley
Pin Code 792101
....Respondent(s)
2
COUNSEL FOR APPLICANT:
Mr. Prakash Pandey, Advocate
COUNSEL FOR RESPONDENTS :
Mr. Anil Shrivastava, Advocate a/w Mr. Ashok Prasad, Advocate
for R-1 & 7 to 9
Mr. Gora Chand Roy Choudhury, Advocate for R-2
Mr. Soumitra Mukherjee, Advocate for R-3
Mr. Manu Beri, Advocate for R-4
Mr. Surendra Kumar, Advocate for R-5 & 6
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:-14th July, 2022 Pronounce On:-20th July, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed on the allegation that in the matter of road widening the National Highways, MoRT&H has decided to connect Roing with Anini having two sections, i.e., Roing- Hunli section from KM 16 of Roing-Hunli Road to KM 21.5 of Hunli- Anini Road (Green Field Alignment) (NH-313) (Total Length=74.863 Km) in the State of Arunachal Pradesh in the district of Upper Dibang Valley and Lower Dibang Valley. The further allegation is that the same authority while executing the construction work from Roing to 3 Anini which is about 200 KMs of stretch had dumped the stones and muck beyond the nominated dumping area. The further allegation of the applicant is that while widening the road from Roing to Hunli Anini, the Respondent Nos. 2, 3 & 4 are dumping waste and muck on forest land and river in the Anini District contrary to the environmental norms and in violation of the conditions laid down in the Environmental Clearance and Construction and Demolition Waste Management Rules, 2016. Photographs which have been filed along with the O.A. as Annexure-A/4 also show that muck has been dumped into the river. The applicant also alleges felling of trees in large numbers in violation of Forest Conservation Act, 1980.
3. Notices were issued to the Respondents and they have filed their Counter Affidavits.
4. The National Highway & Infrastructure Development Corporation Ltd. (NHIDCL for short) in its affidavit dated 21.10.2021 has stated that it is the User Agency and for road widening, it had awarded contracts for construction /implementation work to EPC contractors for 74.863 KM stretch of NH-313 Roing - Hunli (Greenfield Alignment) and 108.800 KM of NH-313, Hunli-Anini stretch.
5. It is further stated that the proposed construction was sanctioned in 06 packages on different dates and were required to go through areas of private villagers and forest department. The 06 packages for the Hunli-Anini section of NH-313 are as under:- 4
i) Letter dated 25.04.2016 for Package -I from KM 21.500 to KM 37.500.
ii) Letter dated 25.04.2016 for Package - II from KM 37.500 to KM 53.500.
iii) Letter dated 09.09.2016 for Package - III from KM 53.500 to KM 92.500.
iv) Letter dated 07.12.2016 for Package - IV from KM 92.500 to KM 106.200.
v) Letter dated 07.12.2016 for Package - V from KM 106.200 to KM 120.00 and,
vi) Letter dated 31.03.2016 for Package - VI from KM 120.00 to KM 130.300.
6. It is also stated that relevant proposals for the KM 108.800 of Hunli-Anini Road (NH-313) were made to the forest authorities by the Border Roads Organisation (BRO - the Original User Agency, OUA) and a letter dated 03.06.2013 along with Muck Disposal Plan was also forwarded from the office of BRO to the Principal Chief Conservator of Forest (PCCF for short), Government of Arunachal Pradesh.
7. It is stated that 23 Muck Disposal Sites were initially approved by the Divisional Forest Officer, Anini with respect to the Hunli-Anini Road (NH-313) and the EPC Contractors had also obtained permission from the forest authorities in respect of specific designated points as dumping sites with the approval/agreement of the various villagers.
5
8. It is also stated that KM 74.863 stretch from Roing to Hunli section of National Highway (NH-313) was sanctioned vide MoRT&H letter dated 25.01.2017 and the User Agency i.e. NHIDCL, was accorded approval for Muck Disposal Sites which are enumerated hereinunder:
i) 12 Nos. Muck Disposal Sites were designated from KM 0.000 to KM 24.64 Vide DFO Roing letter dated 18.01.2019
ii) 6 Nos. Muck Disposal Sites were designated from KM 24.64 to KM 47.00 Vide DFO Roing letter dated 27.08.2021
iii) 16 Nos.Muck Disposal Sites were designated from KM 47.00 to KM 62.97 Vide DFO Anini letter dated 15.04.2021 and,
iv) 4 Nos. Muck Disposal Sites were approved vide DFO Roing letter dated 27.08.2021
9. The Respondent No.4 has also stated that for the road stretch from Roing to Hunli 74.863 KM through Green Field Alignment and 108.800 KM stretch of road from Hunli to Anini on PPC mode has been allotted to 7 contractors in the following packages:-
"
Sl.No. Project Length EPC Contractor
1 Construction of 2 lane road with 74.863 M/s DRA-ITL (JV)
Paved Shoulders from Km 16.00
of RoingHunliSection to Km
21.500 of Hunli-Anini Road
(Greenfield Alignment) (NH-313)
(Total Length=74.863 Km) in
Arunachal Pradesh under
Arunachal Pradesh Package of
SARDP-NE on Engineering
Procurement and Construction
(EPC) Basis
2 Two Lanning of Existing Hunli- 16 M/S Madhucon
Anini Road on EPC Basis From Projects Ltd.
6
Design Km 21.500 to Km 37.500
(Existing Km to Km 40.160) in the
State of Arunachal Pradesh Under
SARDP-NE.
3 Two Lanning of Existing Hunli- 16 M/S Madhucon
Anini Road on EPC Basis From Projects Ltd.
Design Km 37.500 to Km 53.500
(Existing Km 40.160 to Km
56.320) in the State of Arunachal
Pradesh Under SARDP-NE
4 Two Lanning of Existing Hunli- 39 M/s PCL-Eagle
Anini Road on EPC Basis From (JV)
Design Km 53.500 to Km 92.500
(Existing Km 56.320 to Km
97.650) in the State of Arunachal
Pradesh Under SARDP-NE
5 Two Lanning of Existing Hunli- 13.7 M/s Sushee
Anini Road on EPC Basis From Infra & Mining
Design Km 92.500 to Km 106.20 Ltd.
(Existing Km 97.650 to 13.9 Km
111.600) in the State of Arunachal
Pradesh Under SARDP-NE.
6 Two Lanning of Existing Hunli- 13.8 M/s Sushee
Anini Road on EPC Basis From Infra & Mining
Design Km 106.200 to Km Ltd.
120.300 (Existing Km 111.60 to
Km 126.875) in the State of
Arunachal Pradesh Under
SARDP-NE.
7 Construction of Two Lanning of 10.3 M/s TTC Infra
Existing Hunli-Anini From Design India
Km 120.00 to Km 130.30 (Total
Length = 10.300 Km) in the State
of Arunachal Pradesh on EPC
basis Under SARDP-NE.
"
10. It is stated that initially 23 muck dumping areas had been earmarked by the Respondent No.4, NHIDCL but the EPC contractors of Hunli-Anini (NH-313) under their own arrangements have acquired additional muck dumping sites after discussion and prior permission of the concerned land owners such as M/s Sushee Infra & Mining Ltd. and it is also stated that muck is being disposed of strictly as per the muck disposal plan at the sites earmarked therefor 7 through dumpers but the region being hilly at times during monsoons there are landslides as a result of which movement of dumpers is hampered and muck begins to pile up at the work site but as soon as the landslide is cleared or any other road impediment is cleared, the muck is immediately loaded in dumpers and carried to the Muck Disposal Sites.
11. The Arunachal State Pollution Control Board in its affidavit dated 20.10.2021 has stated that a Team from the State Pollution Control Board comprising of Scientist-B and Assistant Environment Engineer inspected the concerned road section w.e.f. 25.09.2021 to 27.09.2021. Site Inspection Report has been filed along with its affidavit, which is extracted below:-
"Roing - Hunli - Anini National Highway Project NH-313:
1. M/s Puna Hinda Construction (PHC) The aforesaid company is constructing road from Km 16 of Roing-Hunli Road to Km 21.5 of Hunli-Anini road (green field national highway NH-313 having total length of 74.863 Km) in the State of Arunachal Pradesh under SADRP-NE on EPC basis in the district of Upper Dibang Valley and Lower Dibang Valley.
It was observed that in the last three kilometers of total length of 74.863 kilometers work executed by the company M/s Puna Hinda Construction is directly dumping the muck/debris into the river which affects the aquatic lives and also leading to blockage of river to some extent. The company is not dumping the muck in the designated area resulting in vegetation loss. Sprinkling of water on constructing road was not observed for arresting air pollution arising due to dusts. Photo of the muck dumping of M/s PHC is annexed as Annexure - A. From Km 16 to Km 27, near Roing under Lower Dibang Valley district, M/s PHC was found to be dumping the muck/debris in 8 the designated dumping site given to them. The photos of the muck dumping of M/s PHC is annexed as Annexure - B. No arrangement of water sprinkling has been made by the company concern for the portable/mobile stone crusher (100 TPH) installed at river bed of Asupani river. Copy of the photo is annexed as Annexed - C. The company has not obtained consent order from Arunachal Pradesh State Pollution Control Board (APSPCB) Naharlagun for executing a Green Field Highway Project from Km 16 to Km 75 which comes under the uniform consent management procedure of Arunachal Pradesh Water (Prevention Control of Pollution) (Amendment) Rules 2020 under serial no.52 of orange category. Copy of the notification is annexed as Annexure - D.
2. M/s Madhucon Projects Limited (MPL) From Km 21.5 to Km 53 on Hunli- Anini road (taking Hunli as Km 0.00), the above mentioned company/contractor (M/s MPL) was found to be dumping the muck/debris directly into the slope leading to blockage of river to some extent and affecting the aquatic lives and green natural vegetations.
Sprinkling of water on constructing road was not observed for arresting air pollution arising due to dusts. The photo of the muck dumping of M/s MPL is annexed as Annexure - E. In some location, M/s MPL was found to be dumping the muck/debris in the designated dumping site given to them. The photo of the same/muck dumping of M/s MPL is annexed as Annexure - F.
3. M/s Progressive Construction Limited (PCL) From Km 54 to Km 92, on Hunli- Anini road (taking Hunli as Km 0.00), the above mentioned company/contractor was found to be dumping the muck/debris directly into the slope leading to change of river course to some extent.
Sprinkling of water on constructing road was not observed for arresting air pollution arising due to dusts. 9 The photo of the muck dumping of M/s PCL is annexed as Annexure - G. In some location, M/s PCL was found to be dumping the muck/debris in the designated dumping site given to them. After one and half years dumping, the re-growth of natural vegetation is seen. The photo of the muck dumping of M/s PCL is annexed as Annexure - H.
4. M/s Sushee Infra & Mining Limited (SIML) From Km 92 to Km 120 on Hunli- Anini road (taking Hunli as Km 0.00), the above mentioned company/contractor was found to be dumping the muck/debris directly into the slope leading to change of stream course to some extent. It was also observed that vegetations down the slope are damaged due blasting of rocks and improper dumping of mucks/debris.
Sprinkling of water on constructing road was not observed for suppression of dusts.
The photo of the muck dumping of M/s Sushee Infra & Mining Limited is annexed as Annexure - J.
In some location, M/s Sushee Infra & Mining Limited was found to be dumping the muck/debris in the designated dumping site given to them. Copy of the photo of the muck dumping of M/s Sushee Infra & Mining Limited is annexed as Annexure - K. During inspection of the stone crusher of M/s Sushee Infra & Mining Limited, it was found that no arrangement for sprinkling of water has been made leading to large dust emissions. Copy of the photo is annexed as Annexure - L. OBSERVATIONS:
1. The highway construction companies/contractors are supposed to obtain Consent /NOC from the A.P State Pollution Control Board (APSPCB) for executing green field highway projects as per the Notification vide No. APSPCB-93/2017/RCI dated 18thNovember, 2020. Highway construction projects come under serial No.52 of the said Notification. Notification annexed as Annexed - D. 10
2. During the entire inspection period, the team didn't notice any construction and demolition wastes resulting from the demolition of old bridges and other structures.
3. The highway construction companies / contractors have obtained Consent/NOC from Arunachal Pradesh SPCB for establishment/operation of Stone Crushes and Hot Mix Plants.
However, the companies namely M/s Puna Hinda Construction, M/s Madhucon Projects Limited, M/s Progressive Construction Limited and M/s Sushee Infra & Mining Limited are not following the laid down guidelines of the stone crushers given under consent order.
4. At some project sites, it was seen that due to the difficult hilly terrain the dumping procedure is difficult to be followed in toto, as vehicular movements is not easily possible in hillocks.
5. Road construction is a necessity, but it cannot be at the cost of environment. Therefore, we may impose environmental compensation to the companies for causing damage to the vegetations due to unscientific dumping of muck/debris and non sprinkling of water for suppressing of dust."
12. It is also stated that in terms of the Report of the Inspection Team and various environmental violations being pointed out therein, the Arunachal Pradesh State Pollution Control Board has imposed Environmental Compensation of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) against the National Highway & Infrastructure Development Corporation Ltd. (NHIDCL) for improper muck dumping by the Road Construction Companies in some areas.
13. The Report also mentions that stone crushers in operation by the Road Construction Companies were not complying with the conditions given under the consent order such as : 11
i) No regular cleaning and wetting of the ground within the premises has been done.
ii) No water sprinkler has been installed near the breaking and crushing of stones leading to huge dust emissions.
iii) No wind breaking walls have been installed.
iv) No Green Belt Development has been carried out.
v) No metallic road has been constructed within the premises.
vi) The stretch from Km 16 on Roing-Hunli Road to Km 21.5 of Hunli-Anini road is a green field new highway project (NH-
313) having a total length of 74.863 Km. Construction of new highway projects is listed under serial No.52 of Orange Category of Arunachal Pradesh Water (Prevention & Control of Pollution) (Amendment) Rules, 2020 and therefore, such a project requires prior consent from the State Pollution Control Board. However, it was observed that the executing agency, National Highway Infrastructural & Development Corporation Limited (NHIDCL) is constructing the green field project without consent from the Board. Therefore, the Board has issued letter to the NHIDCL directing the agency to obtain consent from APSPCB.
vii) The Inspection Team also observed that mucks/debris is being dumped in the hilly slopes at few locations.
14. It is also stated that Show Cause Notices have been issued to M/s Puna Hinda Construction, M/s Madhucon Projects Ltd., M/s Progressive Construction Ltd., M/s Sushee Infra and Mining Ltd. for non-fulfillment of conditions stipulated in the consent order. 12
15. The Chief Conservator of Forest in his affidavit dated 30.11.2021 has stated that:
"it was reported by DFO, Anini Social Forestry Division that in past one and half year 2 (two) inspections of the road under construction have been taken up at 48 points. At 38 points, there was no disposal of muck beyond the area diverted for the purpose of User Agency. However, at 10 points, there were muck dumping beyond the permitted area by the User Agency. The DFO, Anini Social Forestry Division has issued Show Cause Notice to User Agency vide letter dated 01.10.2021. The User Agency has mentioned that the 8 points where muck disposal has gone beyond the diverted forest land areas which are in landslide prone zone. It is submitted that the State Government is not competent to give permission for muck disposal on forest land. In order to enquire into the NOCs issued by DFO, Dibang Forest Division and DFO, Anini Social Forestry Division, Anini for muck disposal, the Chief Conservator of Forests, Eastern Arunachal Circle has been asked to issue Show Cause Notice to them and submit detailed report to PCCF vide letter dated 02.11.2021 of PCCF, Arunachal Pradesh.
Further, it is submitted that the Range Office, Anini Social Forestry Range under Anini Social Forestry Division has also drawn offence report on 29.09.2021."
16. The applicant has filed two Rejoinder affidavits stating that so far as Muck Disposal Sites details are given, names of only 32 landowners have been entered in the list but other land owners' agreement provided by NHIDCL, Respondent No.4 where 66 landowners' signatures have been submitted shows similar allegations have been made against the other contractors also.
17. The contention of the Applicant is that the Environmental Compensation of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) is very less in comparison to the pollution caused and heavier amount should have 13 been imposed against all the constructing agencies including NHIDCL.
18. From the perusal of the documents from record and the averments of the parties, we find that the Regulatory Authority, namely the Arunachal Pradesh State Pollution Control Board has conducted an inspection of the entire stretch of road and its report clearly points to large scale environmental violations which we have already noted hereinabove. In spite of the claim by the Respondent No.4 that Muck Disposal Sites have been earmarked and the muck has been disposed of at designated sites, we find that violations have taken place and accordingly compensation of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) has been imposed against the User Agency.
19. Due Show Cause notice has also been issued to the Respondent No.4 to deposit the Environmental Compensation vide notice dated 19.10.2021. Individual notices dated 30.09.2021 have also been issued by the State Pollution Control Board to M/s Puna Hinda Construction Pvt. Ltd., M/s. Madhucon Projects Ltd., M/s. Progressive Construction Ltd., M/s. Sushee Infra and Mining Ltd.
20. The State Pollution Control Board in another affidavit dated 19.01.2022 has stated that M/s. Puna Hinda Construction has obtained consent order for establishment and operation of Stone Crusher, Hot Mix Plant and Ready Mix Concrete Plant. 14
21. Show Cause Notice dated 18.01.2022 has also been issued to M/s TTC Infra India for flouting environmental rules by executing the work without obtaining consent from the State Pollution Control Board for establishment and operation of Stone Crusher, Hot Mix Plant, Ready Mix Concrete Plant during construction of the road.
22. The Ministry of Environment, Forest & Climate Change (MoEF&CC) has filed an affidavit dated 02.02.2022 bringing on record the Construction and Demolition Waste Management Rules, 2016.
23. The Respondent No.4 M/s National Highway & Infrastructure Development Corporation Ltd. (NHIDCL) has filed another affidavit dated 07.03.2022 reiterating the averments of its previous affidavits and further stating that the said Respondent has acted in good faith through its Contractors. So far as imposition of Environmental Compensation of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) is concerned, it is stated that the said Respondent vide its letter dated 15.12.2021 has taken up the matter with the Principal Secretary, Department of Environment & Forest & CC Cum Chairman, Arunachal Pradesh State Pollution Control Board, Government of Arunachal Pradesh for apportioning the recovery of penalty amount of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) by M/s National Highway & Infrastructure Development Corporation Ltd. (NHIDCL) from EPC Contractors 15 based on the formula used by the Respondent, State Pollution Control Board.
24. However thereafter a further affidavit dated 19.05.2022 has been filed by the Respondent No.4 M/s National Highway & Infrastructure Development Corporation Ltd. (NHIDCL) stating that the Environmental Compensation amount of Rs.3,28,68,750/- (Rupees Three crore Twenty Eight lakh Sixty Eight thousand Seven hundred Fifty only) has been paid by it to the Arunachal Pradesh State Pollution Control Board vide its letter dated 13.04.2022. This fact has been confirmed by the Arunachal Pradesh State Pollution Control Board in its further affidavit dated 18.04.2022.
25. Therefore, in our opinion, nothing further remains for adjudication in the present Original Application. The Original Application No. 77/2021/EZ is accordingly disposed of with a direction to the State Government of Arunachal Pradesh and the Arunachal Pradesh Pollution Control Board to maintain the forest area and the river free from pollution and environmental damage.
26. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata, 20th July, 2022, Original Application No.77/2021/EZ SKB 16