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

The National Green Tribunal (NGT) has directed the Ministry of Environment to see to it that an effective monitoring mechanism exists while giving environmental clearance, to ensure compliance with regards to keeping the roadsides free from encroachments and that there should be plantation on the roadsides to ward off pollution.

This development comes after the NGT acknowledged that "green cover on both sides of highways is absolutely essential to mitigate the adverse impact of vehicular pollution on the highways."

"We further direct that while granting Environmental Clearance, the Ministry of Environment, Forest and Climate Change (MoEF&CC) must ensure that an effective monitoring mechanism exists to ensure compliance of requisite safeguards including the plantations on the road sides and keeping such roadsides free from encroachments upto specified distance," the NGT said.

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The NGT was hearing an application filed by an NGO named Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness.

In its defence, National Highway Authority of India (NHAI) that the roads are constructed by Concessioners and it is only their responsibility to comply with the mandate of law.

The NGT rebutting the NHAI stated that NHAI's stand is patently untenable and shows indifference and breach of public trust and statutory duties. To prove the point, an NGT bench headed by its Chairperson Justice Adarsh Kumar Goel stated that if the NHAI in the course of its activities hires its agents, the liability of the NHAI does not end and "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."

As the compliance of norms and due diligence is expected from the State Public Works Department (PWD) and other concerned Authorities, the NHAI and the National Highways and Infrastructure Development Corporation (NHIDCL) have to ensure compliance of environmental norms, the NGT said.

"There has to be continuous meaningful and responsible monitoring at highest levels. It is not a charity but constitutional mandate," the NGT said.

"We are stating so with a hope that the authorities realise their responsibility in the matter and coercive measures are avoided against erring officers. We expect the highest in the organisations to look into these aspects to ensure change of attitude and counselling," the NGT added while also stating that it was compelled to make these observations after noting the lack of required change in outlook for long.

(With inputs from agencies)

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