Illegal, unscientific dumping of muck during NH 4-lanning
EMP not implemented, serious damages caused: PCB
Mohinder Verma
JAMMU, Mar 30: Taking serious note of illegal and unscientific dumping and disposal of muck during the 4-lanning of National Highway from Udhampur to Banihal and severe damage to bio-diversity, water channels and hydrological conditions, the Jammu and Kashmir Pollution Control Board has imposed Rs 2 crore interim Environmental Compensa-tion on National Highway Authority of India (NHAI) with the direction to ensure strict compliance to the Environment Management Plan (EMP) without further loss of time.
Official sources told EXCELSIOR that the Pollution Control Board was receiving reports about illegal and unscientific dumping and disposal of muck in the course of 4-lanning of National Highway from Udhampur to Banihal by the National Highway Authority of India and its contractors—M/s Gammon India Limited and Hindustan Constr-uction Company.
In the reports furnished by the field functionaries of the Pollution Control Board, it was mentioned that such disposal has affected the environment adversely besides damaging the ecology of the area.
On the directions of National Green Tribunal two reports dated July 31, 2020 and September 17, 2020 filed by the Divisional Officer Ramban were submitted before the Tribunal, which passed directions to the J&K Pollution Control Board for recovery of Environmental Compensation for damages and initiation of prosecution against the violators of environmental norms, sources informed.
Accordingly, the Board vide its communication dated December 15, 2020 directed its Technical Advisory Committee to verify the ground position further and assess the damage caused to the environment by illegal and unscientific muck dumping by National Highway Authority of India.
Moreover, the authorities of the National Highway Authority of India were directed through a number of notices to provide the details of muck evacuated and status of its dumping, sources said, adding “as per the report submitted by NHAI on February 11, 2021, muck disposal in at least 5 sites is above 100% than the designed capacity and NHAI authorities have admitted dumping of 200% muck at these locations”.
Even the committee of the Pollution Control Board in its report dated February 2, 2021 mentioned that NHAI has failed to take adequate engineering and biological measures as per Environment Management Plan (EMP) framed at the time of seeking the Environmental Clearance as a result of which the muck has destabilized at the slopes and eventually slipped into river channels at many sites and damaged the biological environment in utter and blatant violation of the conditions of the Environmental Clearance, sources further informed.
“The designated sites have not been developed before hand to retain the muck evacuated during the 4-lanning/construction work and the executing agencies kept on dumping the waste which has caused serious damage to the environment and hydro-logical conditions causing blockade of water course of natural drainage and rivulets besides narrowing the water channels and seasonal nullahs”, they said.
According to the sources, damage caused to the bio-diversity, river course, aquatic life, natural plantation, forest cover, stability of slopes, geological disturbances and erosion of soil on slopes is irreversible and has resulted in serious environmental concerns.
“The Technical Advisory Committee of the Pollution Control Board vide its report dated February 3, 2021 has opined that the actual damage caused to the ecology and environment of the area by illegal and unscientific disposal of muck for levying of full and final Environmental Compensation on NHAI requires in-depth scientific study by the expert committee with representatives from the Central Pollution Control Board and NHAI itself”, sources said, adding “however the interim data indicates the environmental damage has occurred and evaluated tentatively so far more than Rs 2 crore”.
Keeping in view all these aspects the Pollution Control Board, in exercise of the powers vested under Section 33(A), 31(A) and Section 5 of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 read with directions of the National Green Tribunal, has directed the NHAI to deposit a sum of Rs 2 crore as Environmental Compensation as an interim measure pending final assessment of damage in terms of the ecological loss till full and final damage is assessed by expert committee.
“This recovery of interim Environmental Compensation on Polluter Pays Principles will be the part of enforcement strategy and not a substitute of the compliance to the done as recommended by the expert committee approved by the National Green Tribunal”, read the order issued by the Pollution Control Board.
The Regional Officer, NHAI Jammu has been directed to deposit Rs 2 crore in the Environmental Compensation Fund Account within 45 days without fail and on lapse of this period an interest at the rate of 12% on the Environmental Compensation will accrue at the risk and responsibility of National Highway Authority of India.
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