NGT Directs Rs 47 Lakh Compensation for Kullu Trout Farm Environmental Damage
The National Green Tribunal (NGT) has issued a significant order directing the Himachal Pradesh Public Works Department (HPPWD) and its contractor, M/s KK Mahajan Construction Private Ltd, to pay Rs 47 lakh as environmental damage compensation within two months. This compensation is to be paid to a Kullu resident whose trout fish farm near Manali suffered extensive damage due to construction activities.
Details of the Environmental Damage Case
In an order pronounced on January 28, NGT chairperson Justice Prakash Shrivastava observed that "thousands of fish in a farm owned by the applicant died due to the water pollution caused by Mahajan Construction during the course of the construction of a bridge." The tribunal further ruled that the HPPWD has the authority to recover this penalty amount from its contractor, establishing clear accountability in the environmental damage case.
The case originated when Kushal Gupta, a resident of Haripur village near Manali in Kullu district, approached the NGT in 2024 seeking compensation for substantial losses to his trout farm. These losses occurred due to the construction of a new bridge over the Haripur Nallah by the PWD in 2018.
Chronology of Events and Legal Proceedings
In his detailed petition, Gupta explained that his trout farm was located approximately 50 metres downstream of Haripur Nallah. During the bridge construction, significant amounts of muck and debris were dumped into the nallah, which subsequently flowed into his farm. This resulted in:
- Death of thousands of trout fish
- Destruction of fish eggs
- Severe water quality degradation
- Damage to the physical habitat of the fish
Gupta had demonstrated foresight by serving a legal notice on the Kullu deputy commissioner in 2018, even before construction began, expressing apprehension about potential losses from the proposed bridge. He also lodged a formal police complaint against the contractor, establishing early documentation of his concerns.
Department's Defense and Tribunal's Rejection
The PWD, in its response to the tribunal last year, attempted to avoid compensation by citing limitation period expiration. The department argued that since bridge construction began in December 2018 and concluded in March 2019, the five-year limitation period for compensation claims under the NGT Act expired on May 10, 2023. Gupta filed his application in April 2024, approximately eleven months after this deadline.
However, the Tribunal rejected this argument comprehensively, noting several crucial factors:
- The applicant had approached the Himachal Pradesh High Court in 2020
- The Covid-19 pandemic period between March 15, 2020 and February 28, 2022 affected limitation calculations
- When excluding these periods, the application was filed within the five-year limitation period
Justice Shrivastava emphasized in the order: "If the time period when the applicant approached the HC and the Covid duration is excluded, then the application was filed within five years from the date when the cause of action arose."
Evidence Supporting Environmental Damage Claims
The PWD also attempted to deny responsibility by claiming that no excavated debris or muck was ever dumped into the Haripur rivulet that could have caused damage to the fish farm. However, multiple independent reports contradicted this assertion.
Justice Shrivastava noted in his order that a committee of the local gram panchayat, during its inspection, found a large number of dead fish and eggs in the farm. Additionally, a local revenue officer's report specifically blamed muck-dumping for the fish deaths, providing documented evidence of the environmental damage.
Further strengthening the case, the deputy director of fisheries, Patlikuhal, in Kullu district submitted a report in 2019 stating that due to muddy water caused by muck-dumping, the gills of the fish choked, preventing them from absorbing sufficient oxygen and ultimately leading to their death.
Broader Implications of the NGT Order
This landmark decision by the National Green Tribunal establishes several important precedents for environmental protection in India:
- Clear accountability for government departments and contractors in environmental damage cases
- Recognition of the economic value of aquaculture and fisheries
- Consideration of pandemic-related delays in legal proceedings
- Importance of local community reports and expert testimony in environmental cases
The order sends a strong message to construction companies and government agencies about their environmental responsibilities, particularly in ecologically sensitive regions like Himachal Pradesh. It also highlights the effectiveness of India's environmental tribunals in addressing grassroots environmental concerns and providing justice to affected citizens.
