In the matter of Prem Prakash Prajapati v. Project Director, PIU Sonipat & Ors., the bench of National Green Tribunal consists of Justice Adarsh Kumar Goel, Justice Sudhir Agrawal, Justice Arun Kumar Tyagi, Dr A.Senthil Vel of National Green Tribunal, principal bench, New Delhi directed the National Highways Authority of India(NHAI) to pay compensation of 2 crores to PCCF, Haryana for violating the Guidelines of Ministry of Road Transport and Highways titled ‘Green Highways, Policy, 2015’ for plantation, transportation, beautification and maintenance.

The application was filed against the NHAI on being aggrieved by non-compliance of the environmental obligation in the course of construction of 8-lane highway No. 44 from Mukarba chowk to Singhu border, Delhi.

The application states that a lot of dust is generated in the nearby village of Khampur because of the absence of sprinkling of water. 

It was further submitted that back in 2021, 161 trees have been cut. Later, it was claimed that in total 1760 trees have been planted, near Yamuna Bank which is 26 km away from Village Khampur which does not in any manner mitigate the dust generated by the project at the place where trees have been cut.

It was also submitted that there is non-compliance with the Green Highway Policy, 2015. Secretary, Environment and Forest, Delhi, has issued an order for payment of compensation of Rs. 11,12,64,000/- in lieu of uprooting 1952 trees but the NHAI has failed to make the said deposit.

Back in November 2022, The Tribunal sought a factual report on the matter from CPCB, Delhi. 

Later, the Committee members submitted a report and It was found in the report that NHAI has failed to take dust mitigation measures at various sites the committee recommended that NHAI must comply with the conditions stipulated in the forest clearances.

After an argument, the Green Tribunal noted that NHAI has failed to rebut the report. The tribunal said, “We do not see any reason not to accept the factual observations and recommendations mentioned in the report. NHAI is bound to take remedial measures for dust mitigation during construction and operation phases which include covering of the construction material while transporting and storing, sprinkling at regular intervals, plantation, removing encroachments from ROW and air quality monitoring of major parameters of air in the area with a view to take further mitigation measures having regard to massive violations”.

The submitted report shows massive violations of the Guidelines of the Ministry of Road Transport and Highways titled ‘Green Highways, Policy, 2015’ for plantation, transportation, beautification and maintenance. Apart from remedial measures, NHAI has to be held accountable for violations on the polluter pays principle even if violations are by its officers or contractors.

Thus, the Tribunal ordered to pay an amount of Rs. 2 Crores as Compensation