Distressed At Such Irresponsible Conduct Of NHAI Officials In Not Controlling Contractors From Dumping Muck In Forest Areas: H.P. High Court
The Himachal Pradesh High Court has expressed its distress over the irresponsible conduct of the officials of the NHAI (National Highways Authority of India) in not controlling its contractors from dumping muck in the forest areas.
A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel said, “We are distressed at this irresponsible conduct on the part of the officials of respondent no.5 in not controlling their contractors and preventing them from dumping muck in forest areas. This is not the only case where such complaint has been received against the contractors of the NHAI.”
Having regard to such a disturbing conduct of NHAI, the Bench decided to suo motu implead the Union of India through Secretary, Ministry of Environment & Forests, as a party respondent in the writ petition.
Advocate Umesh Kanwar appeared on behalf of the petitioner while Advocate General Anup Rattan appeared on behalf of the State and Senior Advocate K.D. Sreedhar appeared on behalf of the NHAI.
In this case, the petitioner had complained of illegal dumping of muck in the forest area by the contractors of NHAI, who had been entrusted the work of widening/ construction of four-lane ‘Kiratpur Nerchowk National Highway’. In the reply filed by the NHAI, it was admitted that in 2019, the DFO, Bilaspur Forest Division, H.P. made a complaint to them regarding illegal muck dumping in the forest land and also deviation to the proposal for widening the said highway. No mention was made in the reply filed NHAI as to what steps had been taken to remove the said muck.
The High Court in the above regard observed, “It is merely stated that Rs. 8,45,700/¬ were paid by the concessioner to the State on account of the illegal muck dumping in the forest as if the payment of the said money will automatically dissolve the muck and make it disappear in thin air.”
Deputy Solicitor General of India, Balram Sharma accepted notice on behalf of the Centre.
“Since, 5th respondent is working under the Union of India, through Secretary, Ministry of Transport, the said Ministry is also suo motu impleaded in the writ petition as a party respondent and Mr. Balram Sharma, learned Deputy Solicitor General of India shall file a response on behalf of said Ministry as to what it intends to do to ensure that the officials of NHAI do not permit muck dumping either in the forest areas of the State or near water bodies and for removal of the muck dumped already by their contractors since some accountability is to be fixed on NHAI in this regard”, noted the Court.
Accordingly, the Court listed the matter on July 20, 2023 and directed the newly impleaded respondents to file a response within a period of three weeks.
Cause Title- Fourlane Visthapit and Prabhavit Samiti v. State of H.P. & others
