Introduction

The case of Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness v. National Highway Authority of India (Order dated December 3, 2020) represents a pivotal moment in the enforcement of environmental regulations concerning highway development in India. Filed before the National Green Tribunal (NGT), the petitioners sought the Tribunal’s intervention to ensure the implementation of mandatory green covers alongside national highways. The core conflict revolves around balancing infrastructural development with environmental preservation, addressing issues such as dust pollution, illegal constructions, and the maintenance of green belts.

Summary of the Judgment

The NGT addressed the applicant's concerns regarding inadequate green cover along highways, which exacerbates dust pollution and poses significant health hazards due to elevated levels of PM2.5 and PM10. The applicant highlighted the proliferation of unauthorized structures near highways, impeding the creation and maintenance of green belts as mandated by various guidelines and previous court rulings.

The Tribunal reviewed the non-compliance of the National Highway Authority of India (NHAI) and the National Highways and Infrastructure Development Corporation Limited (NHIDCL) with prior directives to establish and maintain green belts. It observed a lack of effective monitoring mechanisms and insufficient action plans to eliminate encroachments and promote tree plantations alongside highways.

Consequently, the NGT directed the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Ministry of Road Transport and Highways (MoRTH) to develop robust monitoring frameworks. The judgment emphasized the accountability of public authorities in adhering to environmental norms and preventing the negligence demonstrated by NHAI and NHIDCL.

Analysis

Precedents Cited

The judgment referenced the High Court of Punjab and Haryana in Ahuja Vaishno Dhaba No.1 v. State of Haryana, which reinforced the prohibition of constructions within a 30-50 meter buffer zone on highways. This precedent underscored the judiciary’s stance on preserving open spaces adjacent to highways for environmental and safety reasons. Additionally, the judgment cited the 2015 Policy of the National Highway Authority of India (NHAI), which updates the guidelines on landscaping and tree plantation, emphasizing the creation and maintenance of green belts.

Legal Reasoning

The Tribunal's legal reasoning was anchored in statutory mandates under the National Green Tribunal Act, 2010, specifically invoking Section 15 which allows for the enforcement of environmental protections. The NGT critically analyzed the obligations of NHAI and NHIDCL under existing environmental laws and policies, highlighting their failure to implement effective monitoring and compliance mechanisms.

The Tribunal rejected the defendants' argument that responsibility could be delegated to contractors, asserting that as public authorities, NHAI and NHIDCL bear ultimate accountability. The legal reasoning emphasized that hiring agents or contractors does not absolve these bodies from their statutory duties to protect the environment and uphold public trust.

Impact

This judgment holds significant implications for future highway projects and environmental compliance in India. It sets a clear precedent that public authorities cannot evade their environmental responsibilities by outsourcing tasks to contractors. The mandated development of monitoring mechanisms is poised to enhance accountability and ensure sustained compliance with environmental norms.

Furthermore, this judgment reinforces the judiciary’s role in environmental governance, potentially influencing how other regions and sectors address similar environmental concerns. The emphasis on green belts as crucial elements in mitigating pollution and safeguarding public health is likely to inspire broader environmental initiatives.

Complex Concepts Simplified

Green Belt

A green belt refers to an area of vegetation, such as trees and shrubs, maintained alongside highways to reduce environmental pollution, prevent soil erosion, and enhance the aesthetic appeal of the area.

PM2.5 and PM10

PM2.5 and PM10 denote particulate matter with diameters of 2.5 micrometers and 10 micrometers, respectively. These particles can penetrate the respiratory system, leading to various health issues including respiratory infections, heart disease, and asthma.

Encroachment

Encroachment refers to the illegal occupation or obstruction of land or space, in this context, the areas designated for green belts along highways. Such unauthorized constructions impede the implementation of environmental safeguards.

Public Trust Doctrine

The Public Trust Doctrine is a legal principle that mandates the government to preserve certain natural resources for public use and prevent their exploitation. It underscores the responsibility of public authorities to protect environmental assets.

Conclusion

The National Green Tribunal’s judgment in the case of Society for Protection of Culture Heritage Environment Traditions & Promotion of National Awareness v. NHAI marks a decisive step towards stringent environmental governance in India's infrastructural development. By holding public authorities accountable and emphasizing the indispensability of green belts along highways, the Tribunal not only addresses immediate environmental concerns but also sets a foundational precedent for sustainable development.

The judgment serves as a clarion call for NHAI, NHIDCL, and other relevant bodies to integrate robust environmental compliance mechanisms within their operational frameworks. Moreover, it reinforces the judiciary’s pivotal role in safeguarding public health and the environment against neglect and regulatory lapses.

As India continues to develop its infrastructure, this landmark ruling ensures that economic progress does not come at the expense of environmental integrity and public welfare. The Tribunal’s directive for continuous monitoring and accountability is expected to inspire broader adherence to environmental norms across various sectors, fostering a harmonious balance between development and sustainability.