New Delhi: The National Green Tribunal (NGT) has found violations of environmental norms in the construction of a highway stretch over a protected pond in southwest Delhi, directing the Delhi Pollution Control Committee (DPCC) to impose environmental compensation on the National Highways Authority of India (NHAI).The tribunal has also asked the Union environment ministry (MoEF&CC), which granted environmental clearance to the project, to examine the violations.Emphasizing the principle of sustainable development, the tribunal further directed NHAI to ensure complete disclosure of environmental impacts on natural resources such as ponds and rivers in all future projects.The directions were issued by a bench headed by NGT chairperson Justice Prakash Shrivastava and expert member Dr A Senthil Vel in an order dated April 6. The matter was taken up suo motu based on a TOI report titled ‘NHAI Has Made Highway at Protected Pond Site in Delhi: Activists’, published on Sept 30, 2024, which flagged encroachment on a notified wetland during the construction of the Urban Extension Road project.The tribunal noted that the pond in Goyla Khurd village is officially listed as a protected wetland under the Wetland Authority of Delhi, rendering any construction activity within it legally impermissible. Despite this, NHAI constructed a flyover across the water body, installing eight pillars within the pond and affecting about 20.36 sq m of its area. While this constitutes a small fraction of the total pond area, the tribunal said any encroachment into a protected wetland amounts to a violation of environmental law.A key concern flagged by the tribunal was the lack of full disclosure during the environmental clearance process. It observed that although NHAI indicated the project would cross water bodies, it failed to specifically disclose that pillars would be constructed within the pond. Consequently, no focused environmental impact assessment was carried out for such activity. The tribunal held that this omission vitiated the environmental clearance granted by the MoEF&CC.Referring to the Wetlands (Conservation and Management) Rules, 2017, NGT reiterated that construction of a permanent nature within notified wetlands is prohibited. It stressed that compliance with environmental laws must be strict, irrespective of the extent of violation, and noted that courts, including the Supreme Court, have consistently emphasized the need to protect wetlands.The tribunal directed the MoEF&CC to examine the violation of environmental clearance conditions and take appropriate action within six months. It also ordered a joint inspection by DPCC and NHAI to assess damage to the pond, including any dumping of construction debris and to recommend restoration and protective measures, which NHAI must implement within six months.DPCC has also been tasked with assessing environmental damage compensation after giving NHAI an opportunity of hearing and ensuring recovery of the amount in accordance with law, the order stated.
