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Highways and Minor Ports
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( HF1) Department,
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Secretariat, Chennai - 9.
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Letter No. 13684/HF1/2019 - 1, dated 06.11.2019

From
Tmt. A. Lily Pushpam, M.A.,
nhai - ro chennai
Deputy Secretary to Government. Dy.No Xs/p': t. /./q

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To gm (t)
The Chief Engineer (Construct\pn and Maintenance), dgm(t)asd/sjk U
Mgr(T) GA / AU .u
Highways Department, CPennai -25. (w.e) ja (t)
ja(pc) u
The Chief Engineer (National Higyways), a la)
aa (f
Highways Department, Cheylai - 25. (w.e)
pps/ps
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\ Jhe egional Officer, (National Highways Authority of India),
' Chennai - 32. (w.e)

Sir,

Sub: Compliance of directions of Hon'ble NGT, New Delhi in Execution

Application NO.29/2018 in OA No. 386/2018 in the matter society
for protection of cultural Heritage, Environment, Traditions and
Promotion of National Awareness vs National Highways Authority
of India & Ors. - Regarding.
Ref: Deputy Inspector General of Forest, Ministry of EF&CC,
Government of India, F.NO.7-92/2016-FC, dated 09.10.2019.

I am directed to enclose a copy of the reference cited and to request you to

send the data as called for therein, directly to Ministry of Environment, Forest &
Climate Change with a copy marked to Government.

Yours faithfully,

for Deputy2reao"goveldent

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Copy to: }0\\\\\>'

The Environment & Forest Department

Secretariat, Chennai - 9 (wm
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mEii "" (i)jC iC) F. No. 7-92/2016 FC oZ

: :'2"e " "' g t,a Government of India ' 4""/g'//?

N
7%? I "Chid·7re :y iMinistry of EnvironmCnt, Forests and Climate Charge
* Z'YS:i I /I?cd/ CS/ CIA ; (Forest Conservation Division) ,,d' '

""' ""}g ! 1 E -OCT Ze2 i · -'Indira Paryaravan Bhawan,

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' Aliganj, Jorbhagh Road,
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S 'as . i :Z-+,d r,f TMnii i'izciy._i " New Delhi — 110003

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Dated:¶October, 2019
To
The Chief Secretary g 3 q;
All States/ljnion Territory Governments 2 3 OCT 7.Q.\"

Sub: Compliance of directions of Hon'ble NGT, New Delhi in Execution Application "No": _
29/2018 in OA No. 386/2018 in the matter Society for Protection of Culture Heritage,
Environment, Traditions and Promotion of National Awareness vs NHAI & Ors.. "
V

"' Sir.
?". C"'

I am directed to invite yourkind atentioin on the following direction of Hon'ble National

Green Tribunal, Principal Bench Delhi vide order dated 21.05.2019 in Execution Application No.
' 29/2018 in OA No. 386/2018 in the matter Society for Protection of Culture Heritage,

Environment, Traditions and PromOtion .of National Awareness vs NHAI & Ors.:

- : .
. ,

" "We direct the Secretary MoEF&CC in collabotation.with Secretary MoRTHto evolve an ' -'
" "" "ejective monit(j}"ing7nechanism cIt national lewl"wi7h ihC objcct Ofensunng maintenance ^/'Green . """" ""

*/ Belts on both sides ofall Highways upto speci/ied distance,"there is no construction uPto specified "
dist'cncc, there is no direct access to 'The Highway.. there is ho encroachment and buildings on
/ ' roacisides, are regulated in terms of environmental norms so that no air/water pollution or

" -_ ' encroachment ofHighway is caused. For thLsRur,'),ose, LygEF&CC,may collect the. i;equisite data """""""""
in_ Lespect of National Highways from NHAI anci"1in respect oj'State Highways from respective ""

SqteS_qnd UTs. The data by the Suite may-bC compiled by the ChiefSecretaries ofStates/UTs in

,: n; : ,( Coordinaiion with. their respective Environment, Forests and Public Works Departments.

i::n ' We suggest that data should be compiled with reference to the following.'

g " Extent ofencroachment and action plan for its removal.

:i\ii ii) Provisions for leaving space up to aparticu/ar distance ji"om the road for expansion

and for plantation.

iii) Extent ofaccess directlj allowed from Highway to buildings and ensuring that there is

no direct access iq rhe road obstructing existing ct potential plantation

iv) - Buildings near roads upto a specified distance are regulated to ensure that no air,

water or other pollution is caused and no encroachment takes place or space on roads
on account ofactivities ofsuch buildings.
"") j Extent'qfplantation carried out.
vi) C- Highway where no space is lejQ for ensuring green belt on the sides.
vii) Highway projects on PPP model where green plantation cannot be done according to
" NHAL

The monitoring mechanism niay deal with the issue in following palm

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i) " Future policy with regard to HighWays to be constructed henceforth,' ""
ii) Policy with regard to Highways already constructed or' in progress where
space is available,'
iii) Policy with regard to Highways where constructions have already been made
with regard to division in nature of construction and lega/iiy thereof

2. A copy of the Hon'ble NGT order dated 21.05.2019 is.enclosed in Annexure-l for your
ready reference.

3. In pursuance to the above directions of the Hon'bje Tribunal, a meeting was held on
30.08.2019 under the Chairmanship of DirectQr General of Forest & Special Secretary,
MoEF&CC, New Delhi. A copy of the minutes of the said meeting is enclosed in Annexure-2.

In view of the direction of the Hon'ble NGT, it is requested that State Government shall
raise plantation/gap plantation/green belts along both sides of roads/State Highways as per the "
direction of the Hon'ble NGT and the data be submitted to MORTH for the purpose of monitoring
and reviewing. In addition, State Government shall review guidelines to raise plantation as well

_ _, _ as to remove the encroachments along the State Highways.

This issue with the approval of the Competent Authority.

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" Yours ybSP1"y> n:d

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Dyynspejtor General of Forest

Copy to:
\ 1. Secj"etary, Government of India, Ministry of Road, Transport and Highways, New Delhi.

2. Jt. Secretary(Highways), Ministry of Road, Transport and Highways, New Delhi. ,

7. Member(Admir,isEation/Project), National Highway Authority of India, New Delhi..
4. Chief General Manager, National Highway Authority of India, New Delhi.
" 5. Principal Chief Conservator of Forests, All States/UTs.
6. Al! Regional Offices, Ministry ofEnvironment, Forests and Climate Change (MoEF&CC). .
7. Joint SCcretary in-charge, Impact Assessment Division, MoEF&CC, New Delhi.
8. Sr. Director (Technical), NIC, MoEF&:CC with a request to place a copy of the letter on
website of this Ministry.
9. Sr. PPS to the Secretary for Environment, Forests and Climate Change, New Delhi.
10. Sr. PPS to the Director General of Forests & Special.Secretary, MoEF&CC, GoI.
11. Sr. PPS to the Addi. Director General of Forests (Forest Conservation), MoEF&CC, Gol.
12. PS to the Inspector General of Forests (Forest Conservation), MoEF&CC, Gol.
13 .Guard File.
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Minutes of the meeting held on 30.08.19 under the Chairmanship of Director General of
ForeC & Special Secretary, MoEF&CC. in Krishna Conference Hall, 4"' Floor, Jal \Ving, . '
Indira Pariyavaran Bhavvan, Jorbagh Road, New Delhi. . "'

In pursuance of the following direction of Hon'ble National Green Tribunal, Principal

Bench Delhi vide order dated 21.05.2019 in Execution Application No. 29/2018 in QA No.
386/2018 in the matter Society for Protection of Culture Heritage, Environment, Traditions and
Promotion of National Awareness vs NHAI & Ors., a meeting was held on 30.08.2019 under the
Chairrnanship of Director General of "Forest & Special Secretary, MoEF&CC in Krishna
Conference Hall, 4'h Floor, Jal Wing, Indira Pariyavaran Bhawan, Jorbagh Road, New Delhi:

"We direct the Secretary MOEF&CC in collaboration wiih Secretary MoRTHto evolve an
effective monitoring mechanisni at national level with the object ofensuring maintenance ofGreen
Belts on both sides ofall Highways up/o speci/ied distance, there is no construction upto speci/ied
., .,, .distance, there is no direct access to the Highwaµ the1 e_ is no encroachment and buildings on ,
"" " roaasides a7:e fegulated in terms of" em7ironmen/a/""no/"/ns so ihat no air/waler" poiiution or""'"" " " "'"

. encroachment ofHighway is caused. For this purpose, MoEF&·CC may collect the requisite data
_ , _ ,._ _ in .respect of National Highways ji"om NHAI and in L:.especl of State Highways ji"oin respective
Stales and UTs. The data by the State may be compiled by the ChiefSecre/aries ofStates/UTs in
coordination with their respective Enviro/7nle/7t, Forests and Public Works Departments.

We suggest i'hat daia should be compiled wiih reference to the following:

i) Extenl ofencroachment and action plan for its removal.

ii) Provisions for leaving space up to a particular distance jFom the road for expansion
and for plantation.
iii) Ex/en/ ofaccess directly allowed ji"om Hig/2way to buildings and ensuring that there is
no direct access to ihe road obstructing existing or potential p/an/a/ion.
iv) Buildings near roads up/o a specj/ied distance c//'c? regulated /0 ensure that no air,
waler or other pollution is caused and no encroachment takes place or space on roads
on account ofactirities ofsuch buildings.
v) Extent ofplantation carried out.
vi) Highway where no space is /e/ifor ensuring green belt on the sides.
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vii) Highway projects on PPP model where green plantation cannot be done'according to
NHAL
T/2? monitoring mechanism may deal with the issue in.fo/lowing parts:

i) Future policy with regard to"Highways to be constructed henceforth,"

ii) Policy with regard to Highways already constructed or in progress where
space is available,'
iii) Policy with regard to Highways where conStructions have already been inade ,
with regard to division in nature ofconstruction and legality thereof

2. The following officials were present:

a) Ministry of Environment, Forest and Climate Change .

i. Siddhanta Das, DGF&SS
ii. Saibal Dasgupta, ADGF(FC)
_ iii A.K,.Mohanty, IGF(FC) .
iv.Naresh Kumar,DIGF(FC)
v. Shrawan K. Verina, DIGF(FC)
vi.Ashish K-umarT3D(IA)
vii. Rajesh Kuinar, TO(FC)
b) National Highway Authority of India
i. V.K. Shanna, Chief General Manager, NHAI
ii. B. Mukhopadhyay, General Manager,.NHAI

3. No Official from Ministry of Road, Transport and Highways attended the meeting.

4. At the outset a brief note was made by DIGF(NK) on background informing the facts
related to the direction for compliance of the order of the Hon'ble NGT as mentioned in para (i)

above.

After detailed deliberation in the meeting. the following road map was finalized:

I. The Ministry of Road, Transport and Highways(MoRTH) will be the Nodal agency to
monitor the compliance as directed by the Hon'ble Tribunal. MORTH will designate a
Nodal officer not below the Rank of Joint Secretary who will cojlect and compile the
data as per the order of the Hon'ble Tribunal as mentioned in Para(1) above. Data shall
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be reviewed by the MoRTH on hj-lf yearly basis (Action by Ministry of Road,

.
Transport and Highways)· /' ,/ ·

II. NHAI raises plantationkreen belts along the sides of National Highways, similarly
U

State Governments/UTs raise green belts along the roads, therefore NHAI and State
Government shall raise gap plantation/green belts along both sides of Highways/roads
as per the direction of the Hon'ble NGT and the data be submitted to MoRTH for the
purpose of monitoring and reviewing. NHAI and State/UTs Government shall
prepare/review guidelines to raise plantation as well as to remove the encroachments
·1" ,

along the National/State Highways as per their control.

The affidavit cf compliance will be submitted bv NHAI under intimation to this
Ministry in the.Hon'ble Tribunal before the next date of hearing (Action by NHAI and
State Governments/UTs).

III. , , The Ministry o.f Environment, Forest,and ClimateChange shall intimate the. diieclion _ __ _
of the Hon'ble Tribunal to all State Govermnents/UTs including NHAI and MORTH.

- The Regional Office Headquarter(ROHQ) of this Ministry shall coordinate with their '
-Regional Offices located at Bangalore, Bhopal;"Bhubaneswar, Chennai, Chandigarh,. " -
Dehradun, Lucknow, Nagpur, Ranchi and Shillong tel moniior and evalli'.?t(" $(1:2 -"zy '
activities/plantation alongside highways as carried out by NHAl/State Hi!gh\m5 iin
consultation with concern State Forest Depai1ment. (Action by MOEF'&'CC)

The meeting ended with thanks to the Chair.

*****
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Item No.07 Court No. I

BEFORE THE NATIONAL GREEN TRIB"MAL

PRINCIPAL BENCH, NEW DELHI

Execution Application Nb. 29 /20!8

IN
O. A. No. 386/90M,

Society for Protection of Culture, Heritage, ErMtonmenr,

Traditions and Promotion of National Awareness Aµµlicant(s)

\iersus

National Highway Authority of India & Ors. Resporzdent(s)

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Date of hearing: 21.05.2019

" -'- -—""""""CORAM:- . HON'BLE MR,,JUSTICEADARSH -KUMAR_GQEL,-CHAIRPER,COI-7

. . "" : """" " :"--.- -.-.-----HoN'BLE:iaR. jijs'ricE s.p: wangd!,'judicial"memb£r ' ' "'
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

. . ... ,. " For Applicant(s): Ms. Jyoti Vaclav, Mr. ShagunTShanTLan\dv"ocates

For Respondent (S): Mr. Mukhopadhay, GM (NHAI), Mr Mukesh

Kumar, Ms. Kritika Shukla, Advocates
Mr. Kush Shanna, ASC, DDA
Mr. Satish Kumar, Mr, Ani] Grover, A.'iG for State
of Haryana
Mr. Muku! Singh, Advocate for MOEF&CC
Mr. Shashank Saxen&, Advocate

ORDER

1. The issue for consideration is remedial action for protection of

~
environmem along the highways The £icps 'to be considered are

ensuring green cover to minimise increased Particulate Matter

(PM) levels in the air quality, leaving c:i ."pacs on both sides c)'

highways for expansion and tree plantaticm, preveniinbb direct

access to the highwav without a by-lane ,/ e>:ii ro"Ut2$ ancz

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regulating the opening of access to the buildi:zgs from the

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highways without bv-lanes. IVe may refer to the background in

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- which questions have arisen.

2. The Applicant approached this Tribunal for directions under

Section 15 of the NGT Act, 2010 ..to ensure mandatcry great

cover on both sides of highways on the pattern of notification

dated 25.07.2019 issued by the Town and Country Planning

Department, Government of Ilai yana under Section 5{4) of the

Punjab Scheduled Roads and Controlled Areas Restriction c·f

.Unregulated Dµelopment ACt: 1963. The notification publishes

Draft Plan 2031 AD for Sohna. and provides ttidt "the eastern and
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western peripheral rOads of 75m width has been proposed with
.— -—-—-. ..-
.. ., 3.QQm Mde.green.belti on outer-bide-and -50m'green belt "on inner
side. A minimum width of 60 meters has been proposed for

sector dividing _roadS, The _width of Gurgoan-Sohna-Alwar road,

Rewari-Sohna-Palwal (P'H-7 I) road and SohRa-Ballabgarh roac?

has been proposed to be widened to: 60m with 50m wide greei:

belt on either sides."

3. The applicant alleged that continuous movement of vehicles

causes dust pollution and increase of PM2.5 and PMiO and

consequential health hazards. · The applicant also alleged that

large number of structures have been bu h on the sides oil

highways having direct illegal access to NH8, destroying the

space for mandatory green cover. Reference was also made to

layout plan of DDA dated Q8.09.2017 providing for 30 mts vvid±

green strip on either side of the highway- The applicant relied

upon the judgement of the Hon'ble High Court of Punjab and

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Haryana in Ahuja Vaishno Dhabq lvo.1; i . Stat2 of Hcuyand ,to the

effect thar no construction can be qilowed m 30 - 50 nus of

highway on either side. FurtheT. j"eliance was placed on the 2009

¶

Guidelines (Guidelines on Landscaping and Tree Plantati?ri

(IRC:SP-21-2.009) prepared by iRc su9ul"µng maintaining green

areas on the highways. Reference was also made to "Green .

;

Highways (Plantation, TransPlantation, beautification and

Maintenance) Policy-2015" (the 2015 Policy) :jf the NHAI further

revising the said guidelines. ,.

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4. On 05.09.2017, the application was disposed of by recording the
,
statement on behalf of the nhAi that the Green Highways
V

. . .

' (Plantation, Trqnsportation. Beautification. _and _ MaintC"iiinCC) -- - . -- - -

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. . 4. ., . .. . 4 . .. .. . . - .. - . .$ .b

Policy of 2015 wilZ be followed to ensure plantation of green belt

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on both sides of the roads yvherever Government land was

" available after leaving scope for expansion. The NCT De1hi,_ State

of Haryana and Stdte of Rajasthan were also directed to ensure

such action. The State Government and all Local Authorities

were to issue directions to the Group Housing Societies, owners

of commercial plots, offices, and residential blocks for plantation

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of the trees along the boundaries of the plots and around the
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buildings. The State Government and Local Authorities .were to

encourage plantation of trees in public parks for better

environment and for better ambient air quality.

5. Present execution application seeks enforcement of Ehe above

directions.

'(2003) 2 RCR (Civil} 598 (DB)-

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6. Notice was issued on 24.04.20 1 8. After giving due opportunity to

the concerned parties, the matter was taken up on 03.10.2018.

The Tribunal took note of the allegation that the green areas were

not being maintained aC per the declamed policy. Construction

was being allowed within 30 to 50 meters of the highways

illegally resulting in dust pollution and degradation o;

environment. Reference was made to the judgment of Hon'bk

Iligh Court of Punjab and Ilaiyana in Ahuju Vuis/uio Dhubu No. i

u. State of Hcuyana and Others2 as follou:sj:

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"25. .....We haoe thoughtfully considered tiif .

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riual submissions and agree with the teamed
counsel for the petitioners that the amendments g

' made by the ·Pun jab Scheduled Rohds & ·—_""i":-. "i.
. 0.

· '· -- 'controlled Areas" Restriction' of Unrejµ'lated "

Deuelopment Act 1963 are discriminatory.
Undisputediy, 1963 ,Act has .been enacted
to preUent " haphCtzard and substandard
deuelopment along scTzedt'led' roads and in
the controlled area: in the State of
Haryana. Section 3 prohibits erection or re-
erection of buildings along scheduled roads
within 1OO meters on either side of the
road reseruation of a byepass or within 30
meters on either side of the road
reseroation of any scheduled road which is
not bye-pass. Prouiso to this section exempts
actinities inuoluing repair of a building tuhiciz

was in existence immediately before the

comniericeinent of 1963 Act or any erection or re-
erection of an existing building tuhick does not
inuolue any structural alteration or addition. In a
case where erection or re-erection of c.n existing
building inuobes anti structural alternation or
addition then the same can be carried out with

'(2003) 2 RCR (Civil) 598 (DB)

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the permission o," the Director. ,It also exempts

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iaijing out of means of access to a road with the

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oermission of the Oireitor and erection and re-

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erection Of a motor fuel-filling station or a bus .
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que shelter with the permission o" the Director

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Likewise, Section 6 imposes. restriction on
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erection and re-erection of buildings in controlled

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areas and Section 7 prohibits change of land

use without the permissior of the Directo7:
Section 8 contains prouisions for grant or refusal - 0 0

of permission referred to in Section 3 or Section 0

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6 or Section 7 or license unda" Section 7 of the 0
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Act. Section IQ prooides for appeal btj any t

person aggrieued or aj5Fected by any order of the '

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Director passed under Section 8(2) granting t ' . . t'

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, . refusing permiss.ton o.r. license.- "Tize Rules of ' ·

1965 contain detailed prouisions- for -
implementing the prouision of ihe parent Act. " ·
_ -27. ..... we cannot ignore the fact that - -·---'-' '--"" ""-'-"' "
unauthorized constructions raised on the
sides of the National Highway cause great
,
injury to the public interest and eoerq
attempt made by indiuidualS to take Iaui
into their own hands deserues to be
discouraged. "

7. The Tribunal noted the stand of the NHAI in the affidavit dared

13.06.2018 to the effect that Tree Plantation Policy, 2C15 was

formulated as per 2009 Guidelines. The green cover was not

required up to 30/50 meters of the Hiehway. Green Highway

Policy could not be followed in projects executed on PPP mode].

The Tribunal held that tree plantation must be done within the

Right Of Way (ROW) and in the land earmarked for afforestation

in view of the IRC Guidelines. tLaMscaping was required iu

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urban as well as rural areas and right Of way must be availab.e

for development on t-he ·,ides of the higbit"ays for which the same

should be left encroachment free: The Tribunal referred to the

Control of National Highways {Land land TraMc) Act, 2002. It was

observed that the 2009 Guidelines and 2015 Policy 'will 'help

protection. of environment and improVement of alt qudlity.

Plantation was necesSary in accordance with the said GUidelines

aiid the Policy. Accordingly, the Tribunal directed designation cf

teams for removal of encroachments, ensuring green belts and

restoring such green belts by preparing an action - plan.

Guidelines laid down 'in "Manual of Specifications and Standards

for 'Six Laning of National H!gh\zays through Public Private _ . -'- -·"--""_""'
—- —-..-.-.-
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——. ,E'arm.ership.',..- the 2009 .Guidelines- -and· the' -2015 Policy "were " '" "
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directed to be followed in its true spirit and substance. It was

also observed that for environmental protection and improvement

of ecology, requisite land should be acquired, erection or re-

erection of building within the specified distance from the

Highways may be prohibited and'access permitted only through

by-lanes or exit routes.

8. In response to the above directions, an affidavit has been filed on

30.04.2019 to the effect that Office Memorandum (OM)

18. 12.2018 has been issued to the Pro'ect Directors and Regional

Officers for creation of individual teams to undertake work of

Green Work Development, maintenance and protection. The said

teams are also to remove encroachments. PHIDCL has issued

letter dated l4.C!2.2019 for iormation of such Task Force which is

to ensure restoration of green belt and removing encroachments.

The NHAI and NHIDCL are adhering to the 2009 Guidelires arid

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20 1 5 Policy. The Policies are meant for emuring 'sustainable

development' by minimv m- eccUctgica! disturbance to thr:

surrounding areas. Detailed Guidelines for Roadside Plantations

are given in the Chapter :i I and Maimer-ante of Roadside

Plantation in Chapter 10 of the IRC:SP:21-2019 Guidelines. Thi

said Guidelines provide that depending on the available ROW

plantation pattern should be work;ed out as follows:

i) The first !tj\v along the Highways will be of small to

medium sized ornamental trees.

.
. . .
.

q
0 .

ii) Subsequent rows, depending on the availability of width, 0

" P
0

will comprise of ornamental and/or shade bearing species, ;

:q
·

. · t·° i
0

<
t
or--more height than thos.e _ in, .thS.,,first . row; In. rural,. .' . . · ." ' ' '
P :
:.
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0 . . . ..

sections, the last row will always be of shade bearing tall

t
.

treas.

iii) Planting of shrubs in the median.

iv) Planting of herbaceous specie.Q as ground cover in the

median, special landscapes and embankment slopes.

v) Turfing with grass in the median, special landscapes and

embankment slopes.

9. We may note that the 2009 Guidelines purport to give effect to

'Sustainable Development' principle of environment. it states that

construction oi highways result in ieiiing of trcc< and project

proponents need to mitigate environmental loss from all possible

angles. Land needed for avenue plantations and landscape

improvement must be planned. Width of ROW must be sufiicient.

Measures for landscape have been suggested in the Guidelines.

Tree plantation is to be treated as an important component

which should be functional for protection of slopes, providing

- -

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- -
. . . -
. ..
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. .. ..
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shade in summer, for aesthetic eiiects and o'.'erali beauty. The
4

Guidehnes provide for transplantaUcm of tmes and minimu:z':

G
.t : j

land width for a road. The Guidelines also provide for detailec?
' I' ':

measures for roadside plantation and maintenance with the

':
purported object of mitigating pollution, providing shade,
'i , ;
t '

' reducing noise pollution, soil erosioi;, tree species, plantatior',

patterns etc. The Policy reiterates the 2009 Guidelines. It if

'· 8

acknowledged that roadside planiation is not satisfactory in most

.
of the projects implemented through BOT, DBFOT and public-

funded projects. The nodal agency for forest areas should be the

concerned Forest Officer. In case' of public funded projects, the

concerned Regional Officer of MoRTH/NHAL-should be the nodal

. .. agency. .In- .cases. where roadside plantation is included in the

concession agreement, the concerned concessionaire should bE

the nodal agency. The policy states 'that'-development of green

.
highways was necessary by outsourcing plantation work for

which institutional arrangement and financing pattern was laid

down with details of plantation scheme and a monitoring agency.

MORTH is to review the Policy from time to time. The Policy also

formulates model TOR to offset the loss o:' trees and otheT

changes. Green corridor development and management rather

than highway development is the objective.

10. Some of the relevant provisions of the 2009 Guidelines are as

follows:

"1. Scope
1.2 There is always a con/7ict between deuelomnent
and enuironment and, therefore, a trade-o"f is
necessanl to balance the two, so thaG development
is sustainable. The .first aduerse consequeiice of
widening from environmental point of view, is the
ineuitable felling of trees growing along the

.
 '2:
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jpj lj
6 . · 7 * m~-Q~~AG;M <age2&*n¶*' .:'" " « tm=r4<m; :; '. ; :." " W. .. . ¶~"y

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1
b

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hicihiuays. On the hill sides and other ji'agiZe

enuironmental settings, much more aduerse impact
:P
are expected on the surroUndings. "
1.3 It is the responsibility of the "road agencies to
offset the loss of trees and othei changes resulted
into the surroundings. There is a need id jollow the
approach of "Corridor DeUebpment and
Management" rather than "highway Del)eiopn2ent".
Apart from mitigating the' enl)iro7lmen7al losses,
i . q

road' agencies must plan to, enhance the aesthetics

of the kighLUail conicPr fF?Tn ail possible angles.
HYhiuajj should not be., lqoked upon merely as
tranGportation, but as a' part and parcel of the
enuironmental and socio-ecQnomic milieu.
1.4 The land needed for the auenue plantation and
.
.
landscape improuement has to be consider during
the project formulation stcige itself As a result,
after consultation when t/zC >iantation is actually to
. start the Land is auailable for planting. The width . q
f
of the remaining ROW is mqny times not s®'icient
enough-to accommodate euen a singie_ roy of plants , . ' ' """ "' ' · ....--i --—.-
' b ,... " j . .". ·
- —- - --- · ·;

· ' whereas' at some placeS, '3 ' to 4 .rows can be'

planted. Two ensiire auailability of s@cient width
P
.
- for auenue plantation, the requirement cjf land for
bee plantation should be accessed qnd included in
" · .i. . .a . , . -.
the 'land "acquisitions plans prepared for highway · -- """'"""
widening project.

3. 7 Tree Planting or Arboriculture

3.7.2 Roadside planting of trees may be in the form
of auenues, groups or groues. Where conditions are
fauourable, for example in groues, fruit bearing
trees may be preferred,
3.7.3 The amount of pLanting to be prouided at
diferent situations need careful attention. White
roads in the landscape deuoid of trees or
woodlands may require Little or no planting,
extensiue planting is necessitated in srttZe rural
landscapes where a neuj road may introduce more
new elements than the countryside can absorb.

3.8 Transplantation of Large Tree

Occasion may arise when grown-up" tree has tg be
cut for making room for consiructing a road, a
building or other structure. It would be desirable to
saue this plant by transplanting it at a suitable
site. To do this successfully some time is
necessary. In winter when the tree '." Gcn"mant a
less czctiue, it should be pruned heauity Ieauing a

9
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bare ji"amework of the Iarcie bi"anches. A 40 to 50
cm ujia'e trench 1 to 2 m dCep should be dug along
ihe stem as much distance au'dtg frOm ii, deepening
from the stature of the specimen, cutting all the
roots, big and small, in the process. '

. 11. Broad Guidelines . of Roadside/Median

Plantation
11.1,2 Tree plantation is. the most e"fectiue,
economical and use"ul r"emedii ' for control of
. enuironmental pollution. Besides, it 1f the" cheapest
uiay of landscape improuement. Trees }iaije
innumerable direct and indi'"ect bene/its nf
supplying timber and fuel at maturiQj. During the
lifetime, they supply fodder, fruits, seeds, help in
-
controlling soil erosion and water conseruation,
offer shade and are oxygen producing industries to
combat euer increasing air pollution (Appendik-ll).
Big foliage tree's also help' in reducing noise and I
e
¢

q B a

dust pollution. 'I ·

.
0'

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.

· t 'm~ '
,, 11.2.1 The main objectiues_ .of_plan.tmg alo.ng the ... '
,r
.q ·
' ,

.- . highways are as follows;: . P- 0 · · ·

· To prouide for aesthetic enhancement of the
project corridors.
· To reduce the impacts of air pollution and
i'' hr . . .
dust, as trees and shrubs are known to be
\ natural sink for air pollutants. "
f
t
6 To prouide much needed shade on glaring hot
roads during summer.
· To reduce the impact of euer increasing noise
pollution caused due to increase in number of
uehicles.
· To arrest soil erosion at the embankment
slopes.
· Preuention of glare from the headlight of
incoming uehicles.
· CLimatic amelioration.
· Moderating the ejfect of wind and incoming
rgciiation.
· To define the ROW especially to highlight
shatµ horizontal curves during night.

11,11 Species for Median

11.11.1 The shrubs to be plantM in ::he median .

should be of Iolu or medium- height for preuention of
the headlight glare. One to two rows of j?owering
shrubs will be proUided according to th? uarying
iuidth of the median zn diuerent sections. In
.sections whether medicn with is less than }.5 m,

10
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.

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onl,u turfing of grass is imposed. Some herbaceous

species may also be pLanted ae a around coUe7; not
onhj on the medians but 'on sPecial !landscabes and
embankments slopes ako. The species proposed
for the pwpose of t¥nfinc//ground couer are:
Cynodon dactz/ion, Cythocline peiµurea, Solanum
nigrum, Alternanthera, C/Uorophjtum, Eupatorium,
Wedelia., Duranta, Portulacca, Jponzea, Pelia cadri,
Beleprone oblongata, Ti"adescantia, Asparagus,
Qphepogon grass etc. The 'shritk species proposed
P in the median are mainly h Bougainuillea and
The'jetia nerjfolia (Kaner): Hozbevei; other suitable
species may be planted in. consultation with the
local horticulture specialists Regicn-wise speci/ic
list haue been giuen in Annex A to F. "

11. The 2015 Policy provides for the principles to be followed for

preparation of the Environment Management -Plan, the · ¥. P

P
,

implementatiQn _ of _ the Environmental Monitoring F rogram.

. ... .- . .
. .-. . - - . . . . . ... ........ . -
P

" ""' ' "'Giii&iiKe"s"ioL Rehabilitation of Dumpsites, Quarries and. Borrow

- , - . . .

P
.
Areas, Guidelines for Siting, Operation and Re-development OS +

Borrow Areas -etc..-The Guidelines for Rehabilitation of Borrow ."

Areas clearly provide for indicative reh2bi]itation measures which

e

could be community water storage facility, recreational water

spots, or rehabilitation by re-vegetation of the borrow areas.

12. Some of the relevant features of the Policy are as follows:

"Green Hi9hu)al/s (Plantation &" Maintenance) Policy-2015

VISION

To deuelop ecofriend/y National Highways with

participation of the conununity, farmers, NGOs, priuate
sector, institutions, gouernment agencies and the Forest
Department. Documentation of specie," to be planted
along National Highways.

OBJECTIVES

To euoh:e a policy frame work jgr plantation alona

~
National Highways;
To reduce the impacts of air pollution and dust as
trees and shrubs are known to be natural sink for air
pollutants;

li
 -.

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To prouide much needed shade on daring hot roads

during summer;
To reduce the impact of euer incredsirzg noise pollution
caused due to increasr in nurhber :o,f ue hicks;
To arrest soil erosion at the einbankment stokes;
Preuention of glare from the headlight o" incoming
oehictes; MQderating the euect uj" iuiric, and incoming
radiation; Employment to Local people;
Augmenting in maintaining biodiuersiry"

4, 1. Planation Pattern
0

> The first toll) along the Highuµys iuill be of small to

medium siZed ornamental trees.
> Subsequent rows depending on the auailabilitzj of
width iuiU comprise of ornamental anci/or shade
bea7ing species, o" more height than those in the jirst
FOll). In rural sections the liist 1"olu wilt always be of
G

shade bearing tall trees. >

> Planting ofshrubs in the median. ·

6
q·

> Planting of herbaceous species as ground couer in the 0 ·

J
. .
median, special landscapes, and embankment slopes. b

> Turfing with grass in the median, special landscapes, .

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.

.
,

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and embankment slopes. t
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P
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A
.
q :

. i .. .V- ·
. . . .. . .. . .. . --. .., . .. .. . . .. . . . . . . - . . .
.-...... .

9. Institutional amzngem,ents and Flji'ancing Pattern

9.1.3 The Nodal agency for forCst areas will be .the

concerned forest range ojg'icc. In case' of Public "Funded
Projects the concemed Regional Ofjicer of iV/ORT&H/NHA1
will be the nodal agency. In caseS where roadside
plantation is included in the concession agreement, the
concerned concessionaire iUiii be the nodal aciency.

9.1.4 MORTH/NHAI shall take up the plantation µuor/: if

the contractor / concessionaire fail to implement the
plantation program within the stipulated time period as per
agreement at the risk & cost o" the concerned
contractor/concessionaire after terminating the particular
scope of the contract. The' Tesponsibility of ensuring
compliance to specifications will, howeuer, rest with the
nodal agency as per IRC-SP:21-2009.

B. Guidelines for Median Plantation.'

One or two rows of j7ou'ering shrubs are recommended in

accordance to the uarying width of the mec.tian in dijferent
sections. In sections where median width is Less tha7t 1.5
mete?; onh,t grass turf is recommended. In median width of
3 meters, one row of shrub whereas in 5 meter median
width, plantation of two tows Of jT7ou)e7ing shrubs are
proposed.
Only two rows of shrubs will be pLanted on .median width
of 5 meters and these plants will be at a spacino of i.5
meters from the inner edge of" the median.

12

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.
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'""-
"'=" m-· ·· ·. .4 - ' .r -C- · ' ". '-.4;
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The plants will be at spaciiia of 3 :c 3 meters and size of

the pits for ,ulanting will be 0. 6ni ciicz and deep. Therefore,
total no. of plants per km will be 333 in case where single
row is proposed and 666 in case of tiuo toil's.
The swface for the median -plantation shoujd be ujetl
prepared. The masses of looSe derbt2s on Uic median and
anij conuexilies will be remoued and similarly a"tzi/
concauities are to be filled by'goodisoil.'Thc suijace she uld
haue suuicient layer af good- quality soil sc) as to haue a
better guouKh and suruiud of arasses and shrubs. " :'

13. From the above, the following questions emerge for consideration:

i) Whether adequate steps are being taken for maintenance

rOf green belts on both sides of ail categories of highways

consistent with 'Sustainable Development' principle?

.
. . .

ii) Whether' progress of removing encroachments to' achieve a '

..i " . 0

the object of leaving the highways free from direct access ." ' ' "" . 4 '

mdzleaving-sufr!cient_$p.ace.dor7i=ation".is" sufficient .cu'._ . :. . .. -.. .. . .... .

. . .

.. .... . - ..- ..- .

any further steps are required?

Re(i): Whether adequate steps are being taken for maintenance oil

green belts on both sides of all categories of highways

consistent with 'Sustainable Development' principle.

14. We find that the 2009 Guidelines as well as the 2015 Policy lay

down exhaustive framework with a view to comply with the

environmental norms on sides of the highways but the actual

implementation of the mandate of law is the question. Sufficient

space must be kept vacant for plantation and if such space is not

laid down, the same must be laid down. Similarly, clear pz"ovision

is required to regulate direct access to Highr'.'ays and distance

within which no construction is to be al!ov.'ecZ. The 2015 Policy

' has to be fvlly implemented for which adequate pfarttation is

13

- _, .___ — ·. ·. -·- 7 - — —·~— — · ··

. . .- .- -- . - — . - . . -.--- -- -. - -- - - - -.. - ...- - - .- -
 ":'"' '"=='

· " ' 17'"'L"r. :'8wt==~-~ -c-, . . ,. ,, . , .,....,. . . . .. . .,. .

—.

4
v
·8^——. . · - ; %.0..-. m ·- q 0 p .. · mWrW' T K"y·' "'s" " " " 'V" f "' ' ' . ~Tr-nmbb . t t 4"r'v ' 1 l . .. ^,t,.. ~
.. .. ......

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required on land abutting NatiOnal ' and State Highways.

Plantation is also required arciund GrOup Housing Societies,

Commercial Plots and Ofiicc% 'aQart irand pzrl-:s and other public

places which need {d be maintainCd by ,the local authorities or

E ,

Societies, especially when 'suc!i"constractions are or'. the sides of

.;
the Highways.

15. We may notice that apart from 2009 Guidelines and 2015 Policy,

the National Green Highways Mission (NHGM) cf MORTH was

itjitiated in 2016. The task of planning, implementation and

monitoring roadside plantation, along one lakh funs network was

entrusted to NHGM under the Nhai. An App Ed monitor real-timE

"'"""' " " progresS -of,tlie p1mi_ation .operationmnd-its m An q Cement-was 'alco .--
· C ' · K. .; : :. ·

"' " 'iaunded As' per reports in public domain, the tree plantation

drive is also an intrinsic part of the government's commitment to

.
' '. "" "the world community at the Paris Climate Change.. meet {COP 21)

to do more to protect the environment. India has set the Intended

Nationally Determined Contributions (INDCS) target of bringing

down the Green House Gases (GHG) emissions by 35 percent by

2030. India has a total 46.99 lakh kms of road length, out of

which over 96,214 kins are National Highways, accounting for

only 2 per cent of total road length. However, the National

Highways carry about 40 percent of the automobile traffic load.

The NGHM was to develop al! of existing National Highways and

40,000 kms of additional roads as Green Highways. As per the

NHGM, wherever possible provision woOd be made :"cir 4-5

metres of roadside plantation. The monitoring of plantation

status was also included as an integral pa"t of the Policy. The

planting agency was also required to supervise all field

144
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" k'" ·.%~ ~¢m~~aLc¶L.¢^ ,' , . .u. .. ne?;r"" '~r"r ~+·—«# [Nr'.. :Z= " · r' n -· . '.. i . ' . — r ' ¶ Q

r r
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»

i ·i

operations like site preparation, seed sowing, plantation saplings

and quality of planting material used. The monitoring zgency was

also to follow up the progress on continuous basis and conduct

performance audit of the executing agencies for various projects

on an annual basis. 4

16. Problem of PMZS and PMiO is universal. Steµs to limit the said

values to the prescribed standards need tc be addressed in

respect of all highways and not merely National Highways. Green

belts dre necessary so that environmental norms are maintained.

Absence of green belts by not leaving requisite space on the

roadside directly results in addition to air quality paHicularly ..

Em2.5- -md.RMio—which is aebmental-to--pllb1ic--hedthT-T-h.i3

.- . , .0 . ¢ .T · h ". ·- .· " ·· ' 'd . '.

problem is of more magnitu.de when highway is'passing through

cities/towns and therefore making of exception in such jareas

may not be desirable. Even regulation of existing Constructions

may need to be considered in the context of 'Sustainable

Development' in the interest, of public health. Mandate of

maintaining air quality is an overriding factor being part of right

to life. Right to property cannot override right to life. The

regulatoiy bodies thus have statutory and constitutional right to

deal with the matter.

17. We are accordingly of the view that steps being taken for

maintenance of Green belts on the sides of the Highways are not

adequate. Responsibility for suCh Green belts is required to be

clearly deiined in view of the fact that as per 2015 Policy, the

accountability is of Concessionaires if ooO included in the

agreement and on their failure, will be jjf MoRTH/'NHAI. The

15
 "nmmssm '==.

-- · -. -bz>c~-&.'".r'- ~m?··" '·f<;T\j?"' "" ' 'Km1"""/m",",'^~sg^ · —·" ¥ ' r " T

" '%
.' I ' ' '

.
. .

. ..

Nodal agency is the concerned Foresr Oiiicer. The extent to which

Green Belts have been successfully µrui'iiied needs to be deai"!;y

indicated. If Green . Belts have iior beCn provided el her on

account of 'encroachnient or laCk of spacj, extent oi such failure

needs to be identified and addressed. 'vV!ierever such plmntatio:"i

is not provided, it is obvious that there is violation of

envirorimentai norms. Cognizance of such violation and remedial

actions needs to be taken by the MOEF"&CC.

18. We may note that while Ndtiond Highways are covered by Entry

23 of List [, State Highways are covered by Entry 13 of List II of

7'p' Schedule to the Constittjtion. Subjects of legislation or policy

""' " "" With reierence_tojh=sm&enbies=ayxelateno.-.acaumgj=d or"

.. .. , .. ,- ..- - . . . ..
provisions for construction of Highways and other incidental

issues. Environment protection is an independcnt snhjrrt With

reference to Entry 13 of List I read with Article 2.5-3, the 7

Parliament has enacted Environment {Protection) Act, 1986 for

—m

Prevention, control and abatement of environmental pollution in

pursuance of UN Conference on Human Environment, 1972. The

Environmental Clearance Regulations, 2006 framed under

Section 3(9) of the said Act require prior environmental clearance

for projects mentioned in the schedule to the said regulations.

Entry 7(f) of the Schedule relates to Hi£hways. National Highways

"" . I

fail in Category A and State Highways fall in Category B. EIA is

required for National Highways from the MoEF&CC and for State

Highways from SELA-A. Such environmental clearance is given as

"m

~-——-""""""" "
per the principle of 'Sustainable Development'. Even though
.

National Highways Act, 1956 and the Control of Nationd

Highways (Land and Traffic) Act, 2002 deal witt the ecibjcct of

IE
 '
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—-».4"""—~ " ia— " >r·% ,'"" µj
· "'"i
;.· ·.
.. . ,. ' '=jµ&~ .. kr- ?-~··' Ng. p.. .m.· -@ %· ·r-'\·- ·' · ;". j:h :» T -- 'te. ·'1 . -· ..e".· ': = :- =^~~. " " ~~ ·N-
- ·.b , " . . . . ,4: .
.

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+ ·

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hiehwavs, :thc environmerital clearance can and must lay' dowiz

~
suitable conditions ior protection of enr'ironm-mt which could bc'

over and above the statutory mandate of Highways Act or thc

Policies/Guideiines of the -Minisuy! of Road Transport 'd!" the

.. . . . . -. .
Highway Authority. Concept of. 'Sustainable Development' apart

from- being enforceable under Section 20 of the NGT Act, itjs alsc
. . P ' ·

a component of Article 21 of the. Constia-tion and thus is

required to be read"into every Statute or Policy. This requirement

is inherent. Moreover, scope of Entry 7 (i) in the Schedule of the

2006 notification does not cover every Highway while

0

environment issues relate to constructions on sides of Highways

arid access to the Highways. The MoEF&CC in co-ordination with

.

— - —..
——-

_P,

. -

. .. .LIie_Mo.RTH isrthusTeauirea"to.%risiaer'"the question of access to- 0

.
, P HighWay not being allowed directly but only through by-
.

lanes/exit lanes, distance being maintained between the Hijjhway

,, . . .....
and any other construction. Sufficient area must be left On the
. d

sides of the Highways, not only for expansion but ako for
. . .
plantation of trees. j Plea that such requiirement cannot govern

_
Highways on PPP mode! is unacceptable being contrary to the

overarching Principle of 'Sustainable Development'. Plea that no

area being specified as being requi"ed tQ_ be _!£_e?,t Y%cant on sides ,

of Highways, plantatiClns are required_Wiy if space, is available

. " -...- .
cannot be accepted. The man@.te of law requires space to be left

on the roadsides. Once it is ,SQ,.-cxtent of such space must be

specified. In absence thereo[.p!,an_ for R!-m?t3tion and oreven!ting

encroachment and construction on roadside and alsQ .preventing

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direct access tCi Highwav will be difficult to be implemented.

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Re(ii): Whether progress of removing encroachme rite to achieve the'

object of leaving thC highways free from d9rect .7ci:ess ancj

leaving sufficient space for plantation le sufficient of any

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further steps are required.

19. It can hardly be disputed that there is large scale encroachment

of Highways by constructions Overlooking and even extending up

to the highways, making it difficuh to implement the policy of

plantation. The difficulty is compounded. by aOsence oi adequate

policy framework to prevent direct access to the highways frori

commercial establishments and vice versa. The issues ame

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integral- Control of direct accCss to highways and plantatien " C

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Ilee.ds ;fo be effectiye,ly _p]anned and. monitoLed.-Tlle.Mfldavit-filed _

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merely refers to circulars issued but does not. give the· data of
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action on the ground. The concept of Sustainable Development is
.. - . .. -
not
' "" satisued
" ' 'r ' " by mere issue of directions with?}!E_e?sy!ing-

implementation on the ground with effective coercive enforcement

regime. Compiling ·of authentic data with the help of satellites or

other equipment is the need of the hour.

20. We find it difficult to disagree with the pertinent observations in

the judgement of the Hon'ble High Court of Punjab and Haryana

in Ahuja Vaishno Dhaba No.l u State Qf Harj'cina and Others3 to

the eiiect that unauthorized constructions on the side of the

highways is a knoyn fact. There i3 no sufficient actiorj for.

removing the unauthorized encroachment/ construction. In this_

. ... ... .
regard, the observations of the Hon"nle-5igh.Court oLPunjab and

'(2003) 2 RCR (Civil) 598 (DB!.

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Haryiiina in the case of Gurdial Shyam :al Put. Limited v. The

State of Haryana',are:

"We cannot altogethCr ignore the fact that

unauthorised conStPuctionS hczoe, in fact, bemi

raised on' both the' sides of the National Highways

. . of the State of Hanjana) and" the

within the territory

departmental authorities hcwe been rather

lukewarm and at times euen negligent in enforcing

the prouisions of the 1963 Act by remouing the

unauthorised encroachments/constructions on both

the sides of the National Highways passing through

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the territory of the State of Haryana." . .:-...-.-.

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' Z1. 'Th: CO;lt:O1 a National Highways (Land and Traffic) Act, 20C12
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has been enacted with the objective that National Highwavs were " "T ""

rapidly getting congested and chocked bv, undesirable roadside

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developments and encroachments. The absence of legislation
¢

empowering competent authority to remove encroachment d!?

National Highways resulted in shops, hotels, tea stalls, petrol

pumps, residences and commercial establishments extending

their activity right on the national Highway land. The National

Highway Act, 1956 and the National Flighwt.y Avthority of Indie

Act, 1988 did not given powers to the Central Government to

prevent or remove encroachments on land under the national

Highway which are to restrict access to them from the adjacent

land or to regulate traffic mo'-'ement of any category of vehicles or

animals on the national Highways.

':990 (1j RRR 2?2 (P&H)

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22. While 2CiO2 Act contains certain proviSions by way of SeCtiom 28

and 29 with regard to the right of access, no clear policy has

been shown in ·this regard apj:licabk uj al! the Natici, iai

Highways. With regard to the State Highways, thCrC may be

different State statues dealing with the matter but in absence of

requirement of not permitting direct access to Highway &nd

maintaining green belt alongside all higPways, the mandate of

'Sustainable Development' is not met. It may be ne2essa)y to

have a National Policy applicable throug.nout India covering

National and State Highways for environment protection and c r

green cover as an implicit part of 'Sustainable Development'. It is ' . ,. . ,-°:.

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well-known that just adjacent to Highways, commercfal buildings, - . """" ,' b y

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.Qr residential· colonies, dh"abas " (roadSide 'eateriCs) are being set

up which lead to huge congestion and air pollution. No space 13

'\ _ avajlable_ for tree plantation along the Highway5,_ pa!"ticulanL , .. ... . .
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i when Highways are passing through ,i!2.h,abited An
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appropriate policy and its effective enforcement mechanism is

necessary including setting up of Special Task Force or

.
institutional set up for the same. Enoue legal authority is

available under the Environmeet..jP-r9.t,eqtLQa)mj.ct, ] mf, tfj

.

. —.

regulate and restrict even existing activities &djacent to Highways

and to prevent direct access to Highways even if const:"uctions

have. already been made. Right to property or ownership is

subject to the concept of 'Sustainable Development' whicn

. requires leaving Highways free from direct access, with greeneiy

all along with the Highways. In any case, for any future road

construction, requiring of leaving specified space ant! rcgulaUng

access miisl be clearly laid down.

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23. Information about the e>:tent of encroachments removed aM .

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continued needs to be duiv compiled. Similarly, exieni to whk n

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highways are free from direct access and wherever they are net
: ·

free from direct acces" ako needs to be exhaustively' compiled.

.
Such compilation in respect of National Highways may be du ie
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by NHAI and NHIDCL. With regard [d State Highways, it mg" be

compiled by Chief Secretaries of States/UTs in coordination wit h

their respective Environment, Fore':t and T'ublic Works

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Departments. Such data may be final]v compiled at national leve. W

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.with inputs from the States by the MoEF&CC with a view tc.
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enforce the environmental norms and workout an appropriate

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iegulatory mechanism sq as . to ensure that principle of
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. .- ."" . ... 'Sustainabl¢.:DevaWment'""is .impiementea jy effectively 'haVing '

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Green Belts on both sides of al] category of Highways in the
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country. a central monitoring mechanismjS_re&ujred to monito:
"""""'" ''
that encroachments on the Highways are removed so that there

can be Green Belts and no direct access is provided on the roads.

—
It is a matter of common knowledge that highways are

encroached for private gains. Roads are converted into parking IS'

sub serve the commercial buildings constructed on the

roadsides. Some residential complex7s are also constructed

which is adjacent to the roads. Apart from 'raific hazards, this

becomes a major reason for air pollution. Effective regulatory

regime is required 'lo ensure that roadsides upto a speciEei

distance are No Construction Zone and are u3ed ekclusivelju9r

plantation so as to compensare for the loss to the ecosyZtem. !?L

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concreting " soil which remks in obsu"ucti,Qn .IQ harnessi.ne.-gf
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of roads causes air po]1ut!cln. To make up for this
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losS, plantation ,on bqth sides of the roads up to a specified width

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is a mandatory requirement of tht: 'Suste.inable DevelopmerR'
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principle which can be enforced bv this Tri@ytna! under Se,Ctfc" Zl

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20 of the NGT Act, 2010. For.this purpose, iz case is made out for ,

issuing directions to the MorF&CC.

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24. Accordingly we direct the Secretary MoEF&CC in collaboration '

</ with Secretary MORTH to evolve . an . effective mc)nito};2u, ..

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mechanism at national 1cv¢],, wjth the object of ensuring . .

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maintenance of Green Belts ir: both sides of all Highways upro 0

specified distance, there is no comtruction upto jpecifiec: a

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distance, there is no direct access to the Highway, there is no .
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encroachment and buildings cn roadsides are regulated in terms
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of environmental norms so that fO_ air_fwater _jLollution_gr.. _-_-——· .

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- -eneroachment"'of Highwdy"iS CiiUSed." M"ihi3 'jmrpose, MoEF&CC

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mav collect the requisite data in mspect ed' National Highways

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from N.HAI -and' in" respect a State Highways from respective - ' ""'," . . ,. . .

States and UTs. The data by the State may be compiled by th2

Chief Secretaries of Stateg'UTs in coordination with their

respective Environment, Forests and Public Works Departments.

We suggest that data should be compiled with reierence to the

following:

i) Extent of encroachment and acticm plan for iis rernoval.

ii) Prcvisions for leaving space up tc a particular distance

from the road for expansion and for pianiaticm.

iii) Extent of access diiCct!y Uemed lion: Highway tc buildings

and ensuring that there is rto Girect ?3cces to 'the rgaG

obstructing existing or ?ijtEztiai pkntatfcn.

iv) Buildings near rc·ads upro a g?5cif-ea distance are

regulated to ensure that :zo air, waiei" or otter pUimtiDr. 1£

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caused and no encroachment vIces place or spcq.ce on

roads on account of ac.tiviµcs of such buildings.

V) Extent of plantation carried out.

vi) Highway where no space is left for ensuring green belt on

the sides.

vii)Highway projects on PPP model where green plantation

cannot be done according to NHAI.

25. The inonitoring mechanism jµ'ay deal with the issue in foliowir g

parts: '

i) Future policy with regard to Highways to be constructed

henceforth;
-

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ii) Policy with regard to Highw-ay.$-&e8-dy~ons=cted_or "::i . 4

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progress where space is available;

iii) Policy with regard to Highways where cohstructions have

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already been made with regard to division in" nature o1

construction and legality thereof.

26. The MOEF&CC may file an afTzdavit within two months.

27. Member (Administration), NHAI may file further affidavit about

the extent of encroachment on National Highway, action plan for

removal of such encroachment, extent of plantations, extent of"

access directly allowed from highways to buildings, requirement

of distance from highways for consiruction and indicating the

status of preparation and execution of action plans by individual

teams to ensure green work development and status of removal

of encroachment by Task Force constructed by NHIDCL.

List the matter for further consideration on 19.C'8.2019.

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Adarsh Kumar Grjtt, CP

3.p. IVanqdi, JR,

K. Ramakrishnan, JM

D!-. Nagin l"anda, E :',

May 21, 2019

Execution Application No. 29 /20 !8 I!j'
O. A. No. 386/2016
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