National Green Tribunal
Conservation Of Nature Trust Rep. By Its ... vs The Secretary Moef on 10 January, 2024
Author: K. Satyagopal
Bench: K. Satyagopal
Item Nos.4 (i) & (ii):
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Appeal No. 59 of 2017 (SZ)
With
Appeal No. 80 of 2017 (SZ)
IN THE MATTER OF:
D. Sulif
... Appellant(s)
Versus
The Government of India,
Rep. by its Director,
Ministry of Environment and Forest,
New Delhi and Others.
...Respondent(s)
With
Conservation of Nature Trust
... Appellant(s)
Versus
The Secretary,
Ministry of Environment and Forest,
New Delhi and Others.
...Respondent(s)
Date of hearing: 10.01.2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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Appeal No.59/2017
For Appellant (s): None.
For Respondent(s): Mr. Thankasivan for R2 & R9.
Mr. S. Sai Sathya Jith for R7.
Appeal No.80/2017
For Appellant (s): None.
For Respondent(s): Mr. Thankasivan for R3 & R4.
ORDER
1. The report dated 03.01.2024 of the National Highways Authority of India (NHAI) is filed which is as follows:-
"1. It is respectfully submitted that the project of four laning from Kerala/Tamil Nadu border to Kanyakumari section of NH-47 from Km 43/000 to Km 96/714 and from Nagercoil to Kavalkinaru section of NH 47 B from Km 0/0 to Km 16/376 (Total length 69.963 Km) under NHDP Phase-III is being implemented by the National Highways Authority of India (NHAI). The Environmental Clearance was initially granted for the project by MOEF vide F. No. 5-59/2007-
IA.III dt. 09.09.2010. Challenging the issue of Environmental Clearance, certain applications were filed before the Hon'ble National Green Tribunal (SZ), Chennai. On hearing the application numbers 104,111,112, 116 & 127 of 2013 (SZ), the Hon'ble NGT vide its order dt. 14.09.2016 has suspended the Environmental Clearance already granted to the Project and directed for reappraisal with Expert Appraisal Committee.
2. Accordingly, the Expert Appraisal Committee inspected the aforesaid Project Highway and recommended for construction of additional structures so as to protect the water bodies. Ministry of Road Transport & Highways (MORTH) has accorded approval for additional works as suggested by EAC with tentative cost of Rs. 380 Cr on 22.05.2017 and NHAI Submitted an Undertaking to MoEF& CC on 26.05.2017. In the above circumstances, fresh Environmental Clearance was granted by MOEF& CC vide F.No. 5-59/2007-IA.III dt. 15.06.2017.
Page 2 of 73. It is respectfully submitted that against the EC granted by MoEF&CC dt. 15.06.2017, two appeals have been filed by Sh. D. Sulif and Conservation of Nature Trust before the Hon'ble National Green Tribunal (SZ), Chennai which are numbered as Appeal No. 59/2017 and 80/2017 respectively. Hon'ble National Green Tribunal (SZ), Chennai vide its order dt. 09.01.2020 has directed to constitute a joint committee to inspect the stretch and submit the sketch showing the alignment of the project and the number of water bodies, canals existing with survey number and its extent reflecting in the revenue records, etc.
4. On the behest of the National Green Tribunal (SZ), the Government of Tamil Nadu has constituted a Joint Committee vide G.O. (D) No. 293 Highways and Minor Ports (HV1) Department dt. 21.10.2020 with following members.
a) The District Collector, Kanyakumari District
b) The Chief Engineer, Public Works Department / Water Resources Organization
c) The Regional Office, Ministry of Environment, Forest & Climate Change, Chennai
d) The Tamil Nadu State Pollution Control Board
5. It is respectfully submitted that the Joint Committee have filed its report to this Hon'ble Tribunal on 17.02.2021. The Hon'ble Tribunal has dismissed the case vide its order dated 14.02.2022 by stating the following:
"8. Thus, it is clear from the report of the Committee that all necessary steps have been taken for protection of the water bodies. While the highway project is of great importance for connectivity for the people, having regard to the ecological significance of the water bodies, the project must be executed without damaging the water bodies as proposed by the EAC and by the joint Committee, constituted by this Tribunal. If any adverse impact on water body becomes inevitable, including division of the water body, area equal to double of the area affected by the water body must be alternatively provided, with the approval of the joint Committee of District Magistrate, Kanyakumari, SEIAA and State PCB to offset such adverse impact. State PCB will be the nodal agency in this regard. The Project Proponent - NHAI, the State of Tamil Nadu and the Executive Engineer, PWD, Tamil Nadu, may take further action as per the observations of the Committee.
9. A report of compliance status as on 30.06.2022 be filed by the NHAI with the Registrar of the Southern Bench, NGT on or before 30.06.2022. If any direction becomes necessary, the Registrar may place the matter before the Bench.
Subject to above, the appeals are disposed of.
If any grievance survives, it will be open to the aggrieved party to take remedies in accordance with law."Page 3 of 7
Report on Compliance:
6. The total number of sub-divisions which are classified under different categories of water bodies and which are crossed by the alignment is furnished below:
Tanks/ River Canal Drain & Total
Ponds Others
61 5 137 227 430
7. In the Environmental Clearance given by MoEF&CC on 15.06.2017, it is laid down that a total no. of 250 structures should be constructed across the water bodies. Based on the site visit and on verification of revenue records, the committee found that 191 structures (26 Major / Minor Bridges and 165 Culverts) have been constructed so far and 59 structures (41 Major/Minor Bridges / Aqueducts and 18 culverts) are proposed to be constructed by NHAI.
Total structures constructed and proposed to be constructed in 3 Contract packages are tabulated below:-
Sl. Description Kerala/Tamil Villukuri to Construction Total No. Nadu border Kanyakumari of Additional to Villukuri section of structures in Section of NH-47 & KL/TN NH-47 Nagercoil to border to (Package - I Kavalkinaru Kanyakumari section of section of NH-47B NH-47 (Package -II) (Package -
III) 1 Major 1 5 24 30 Bridge 2 Minor 6 17 11 34 Bridge 3 Aquaduct 1 0 4 5 4 Culverts 37 139 18 194 Total 45 161 57 263
7. All the above contracts have been foreclosed by the Competent Authority due to various reasons mainly non-availability of borrow earth and aggregates in Kanyakumari Districts. The salient features of the above 3 contracts are tabulated below:Page 4 of 7
8. The stretch of Nagercoil to Kavalkinaru section of NH-47B has been fully completed and opened for public traffic on 04.10.2022.
9. The stretch of Kerala / Tamil Nadu border Villukuri Kanyakumari is partially completed with various gaps.
10. Subsequently, based on the assurance given by the Government of Tamil Nadu on allotment of borrow earth from Tirunelveli District for this project, the action has been taken by NHAI and the left over works was awarded to M/s. EKK Infrastructure Ltd - TTK Constructions (JV) on 31.03.2023 and the work has been commenced on 03.08.2023 with target for completion of the project as 02.08.2025.
11. The details of completed and in-progress Bridges / Culverts are furnished below:Page 5 of 7
Sl. Descrip- Kerala/ Villukuri to Left-over works including Total No tion Tamil Nadu Kanyakuma Additional structures in border to ri section of KL/TN border of NH-47 Villukuri NH-47 & (Package - III) Section of Nagercoil to NH-47 Kavalkinar (Package - I u section of NH-47B (Package -
II) Completed Completed Completed In Yet to progress start 1 Major 1 5 0 2 23 31 Bridge 2 Minor 6 17 0 5 9 37 Bridge 3 Aquaduct 1 0 0 0 4 5 4 Culverts 37 139 8 3 4 191 Total 45 161 8 10 40 264
12. It is pertinent to note that 1 (one) major bridge is additionally provided and 3 Culverts has been upgraded to Minor Bridges in the new contract based on the subsequent observation and as per the present site condition to avoid the damages to the existing water bodies and to maintain the free flow of water during raining seasons.
13. It is also submitted based on the request of the general public and to upkeep the ecological balance of the region, 17 nos.
Underpasses/ Overpasses have already been constructed in the stretch of Kerala / Tamil Nadu border to Kanyakumari section through earlier contracts.
14. In addition to the above, during the reframing the left-over works, 23 nos. additional Underpasses / Overpasses/ Foot Over Bridge have been provided based on the request of general public and to upkeep the ecological balance of the region.
15. It is also pertinent to note that an amount of Rs. 13.49 Cr. has been remitted to the Government of Tamil Nadu on 07.06.2018, towards conservation of wet lands as per specific condition stipulated in the Environmental Clearance and an amount of Rs. 4.04 Cr has been remitted to the Executive Engineer, PWD/ WRO, Nagercoil on 17.01.2019, towards restoring the tanks/ ponds in Kanyakumari District falling within the proposed alignment of Project Highway. Copy of the same is appended in Annexure-G.
16. The delay in completion of project work is mainly due to non- availability borrow earth and aggregates in Kanyakumari District. In this regard, the District Collector, Kanyakumari District has also written a D.O. letter to the Chairman, NHAI vide letter no. E2/285987/2018 dated 31.12.2022, wherein it is stated that the Page 6 of 7 Kanyakumari District is covered by Forest & ESZ 43%, HACA villages 35% (Partially overlaps in ESZ), CRZ 2% and water bodies 2.4% which are restricted zone. Hence, the District Collector, Kanyakumari has suggested to bring borrow earth from the adjoining District of Tirunelveli District."
2. It is now stated that the work has resumed on 03.08.2023 with various additional cross drainage structures and underpasses/ overpasses, which are expected to be completed by August 2025.
3. The report also states that no water body has been affected due to the construction of the 4-laning project, as they have already considered during the construction and the suitable mitigation measures were provided viz., Major Bridges, Minor Bridges, Culverts, etc. The leftover work of these major bridges, minor bridges, etc. which were yet to start is reported to be 40 Nos.
4. So, whether they have already commenced the work for those 40 structures and when they could be completed may be reported in their next report.
5. Post the matter on 05.04.2024.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Appeal No.59/2017 (SZ) & Appeal No.80/2017 (SZ) 10th January, 2024. Mn.
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