Green cover on both sides of highways must to curb vehicular pollution: NGT

NGT slammed NHAI for not taking responsibility to put a green cover on both sides of highways

The National Green Tribunal on Friday said that green cover on both sides of highways is absolutely essential to mitigate the adverse impact of vehicular pollution.

Slamming the National Highway Authority of India (NHAI) for not taking responsibility to put a green cover on both sides of highways, the NGT said that while granting environmental clearance, the Ministry of Environment and Forests must ensure that an effective monitoring mechanism exists to ensure compliance of requisite safeguards including the plantations on the roadsides.

The principal bench of the NGT headed by its Chairperson Justice Adarsh Kumar Goel said that the roads are constructed by the concessionaire and it is their responsibility to comply with the law is patently untenable and shows indifference and breach of public trust and statutory duties.

"If the NHAI in the course of its activities hires its agents, the liability of the principal does not end. The Criminal as well as Civil liability of NHAI and its highest officers under the Environmental Law to be prosecuted and to be required to pay compensation continues. Such inalienable duty cannot be abandoned on the specious plea that a contractor is being hired," the bench said.

The tribunal was hearing a plea filed by NGO Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness seeking execution of the September 5, 2017 order of the NGT where the NHAI had assured the tribunal that it would follow the Green Highways (Plantation, Transplantation, Beautification and Maintenance) Policy, 2015 in true spirit and substance.

The NGT said that the NHAI and the National Highways and Infrastructure Development Corporation (NHIDCL) have to be the role model to ensure compliance of environmental norms.

"Same is expected from the state PWD and other concerned Authorities. There has to be continuous meaningful and responsible monitoring at the highest levels. It is not a charity but a Constitutional mandate.

The observations came after perusing an affidavit filed by NHIDCL giving the status of encroachments and plantations without mentioning the action plan to take remedial action against acknowledged illegal encroachments and steps to strengthen the monitoring mechanism.