NGT Orders Environmental Compensation Against NHAI for Highway Construction Over Protected Delhi Pond
The National Green Tribunal (NGT) has identified significant violations of environmental regulations in the construction of a highway segment over a protected pond in southwest Delhi. In a decisive order, the tribunal has directed the Delhi Pollution Control Committee (DPCC) to impose environmental compensation on the National Highways Authority of India (NHAI) for these infractions.
Violation of Protected Wetland Regulations
The tribunal emphasized that the pond located in Goyla Khurd village is officially listed as a protected wetland under the Wetland Authority of Delhi. This designation makes any construction activity within its boundaries legally impermissible. Despite this clear prohibition, NHAI proceeded to construct a flyover across this water body, installing eight pillars directly within the pond area.
While the affected area measures approximately 20.36 square meters—a small fraction of the total pond—the tribunal firmly stated that any encroachment into a protected wetland constitutes a serious violation of environmental law. The bench, headed by NGT Chairperson Justice Prakash Shrivastava and expert member Dr. A. Senthil Vel, issued these directions in an order dated April 6.
Lack of Full Disclosure During Environmental Clearance
A critical concern highlighted by the tribunal was the inadequate disclosure during the environmental clearance process. Although NHAI indicated that the project would cross water bodies, it failed to specifically disclose that pillars would be constructed within the protected pond itself. This omission meant that no focused environmental impact assessment was conducted for this specific activity.
The tribunal concluded that this failure to provide complete information vitiated the environmental clearance granted by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC). Consequently, the tribunal has asked the ministry to examine these violations thoroughly.
Strict Compliance with Environmental Laws
Referring to the Wetlands (Conservation and Management) Rules of 2017, the NGT reiterated that construction of a permanent nature within notified wetlands is strictly prohibited. The tribunal stressed that compliance with environmental laws must be absolute, regardless of the extent of the violation. It noted that courts, including the Supreme Court, have consistently emphasized the imperative to protect wetlands from encroachment and degradation.
The case was taken up suo motu by the NGT based on a Times of India report published on September 30, 2024, titled 'NHAI Has Made Highway at Protected Pond Site in Delhi: Activists'. This report highlighted the encroachment on the notified wetland during the construction of the Urban Extension Road project.
Restoration and Compensation Directives
In addition to ordering compensation, the tribunal has mandated a joint inspection by DPCC and NHAI to assess the damage inflicted on the pond. This inspection must evaluate any dumping of construction debris and recommend appropriate restoration and protective measures. NHAI is required to implement these measures within six months.
The DPCC has been tasked with assessing the environmental damage compensation after providing NHAI with an opportunity for a hearing. The committee must ensure the recovery of the compensation amount in accordance with the law. Furthermore, the MoEF&CC has been directed to examine the violation of environmental clearance conditions and take appropriate action within the same six-month timeframe.
Emphasis on Sustainable Development
Emphasizing the principle of sustainable development, the tribunal issued a broader directive to NHAI. It must ensure complete disclosure of environmental impacts on natural resources such as ponds and rivers in all future projects. This move aims to prevent similar violations and promote greater transparency in infrastructure development.
This ruling underscores the judiciary's commitment to enforcing environmental protections and holding authorities accountable for violations, even in projects of national importance. It sets a precedent for stricter scrutiny of infrastructure projects affecting ecologically sensitive areas across India.
