NGT Directs HPPWD and Contractor to Pay Rs 47.14 Lakh for Trout Farm Damage in Kullu
The National Green Tribunal (NGT) has issued a landmark order, directing the Himachal Pradesh Public Works Department (HPPWD) and a private contractor to jointly pay Rs 47.14 lakh as environmental compensation for extensive damage caused to a trout fish farm in Kullu district. The damage occurred due to illegal dumping of muck and debris during the construction of a bridge over Haripur Nallah between 2018 and 2022.
Legal Proceedings and Tribunal's Verdict
The case was brought before the NGT by Kushal Mehta, owner of the Himalayan Trout Fish Farm, who filed a petition in 2020 after his earlier plea was dismissed by the Himachal Pradesh High Court. The tribunal bench, comprising Chairperson Justice Prakash Shrivastava and Expert Member Dr A Senthil Vel, delivered the judgment after thorough examination of evidence.
The tribunal found that HPPWD and its contractor had violated Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, resulting in severe pollution of the stream, death of thousands of trout fish, and destruction of fish eggs at the downstream fish farm.
Evidence and Counter Arguments
During the hearing, the NGT relied on official inspection reports from multiple authorities including:
- Fisheries Department
- Revenue authorities
- Gram Panchayat
- State Pollution Control Board
These reports conclusively established that environmental damage was directly caused by the construction activities. The respondents had attempted to attribute the destruction to flash floods that occurred in 2023, but the tribunal noted that the applicant was claiming compensation for damages that occurred much earlier, between 2018 and 2022.
Compensation Order and Implementation
In its detailed order, the NGT stated: "We view that the applicant has suffered environmental damage compensation to the tune of Rs 47,14,000 on account of the pollution caused by the contractor during the course of construction of the bridge in Haripur Nallah."
The tribunal allowed the original application and held HPPWD and the contractor jointly and severally liable for the compensation amount. The order mandates payment within two months from the date of the judgment and explicitly states that HPPWD may recover this amount from the private contractor.
Broader Implications
This judgment sets a significant precedent for environmental protection in sensitive ecological zones like Himachal Pradesh. It reinforces the accountability of government departments and private contractors in infrastructure projects, particularly when such activities threaten local ecosystems and livelihoods.
The case highlights the importance of proper environmental safeguards during construction activities in ecologically fragile regions and demonstrates the NGT's commitment to enforcing environmental laws strictly.
