Odisha: NHAI, contractor, provider have joint legal responsibility in street building, says NGT

By Express News Service

CUTTACK: The National Green Tribunal (NGT) has directed the Odisha State Pollution Control Board (OSPCB) to determine veracity of allegations relating to use of illegally mined minor minerals in building of the Bhadrak-Balasore stretch of NH-16 widening challenge of National Highways Authority of India (NHAI).

The building of the street was undertaken with use of an estimated 10,50,000 cubic metre of soil/earth/morrum, 44,523 cubic metre of sand, 10,95,000 cubic metre of stone aggregates and 1,73,142 cubic metre of stone crusher mud with out consent/environmental clearance (EC). NGT’s East Zone bench additionally requested the SPCB to find out the environmental compensation if any violations are discovered and file an motion taken report inside three months with the Registrar.

Alay Samantaray, a social employee filed the petition alleging unlawful mining of the minor minerals. Advocate Sankar Prasad Pani argued on the petitioner’s behalf. It was argued on behalf of NHAI that having been awarded the contract, it’s the contractor who’s answerable for compliance. The contractors took stand that they procure materials for executing the contract and haven’t any accountability for violations by suppliers as they don’t seem to be by themselves endeavor any mining. The suppliers additionally sought exemption from necessities of acquiring consents/EC for mining on the bottom that street building tasks fall below such exemption. 

However, a five-member bench headed by chairperson Adarsh Kumar Goel dominated that exemption from environmental clearance for street building tasks doesn’t lengthen to the mining of various minor minerals utilized in them.

CUTTACK: The National Green Tribunal (NGT) has directed the Odisha State Pollution Control Board (OSPCB) to determine veracity of allegations relating to use of illegally mined minor minerals in building of the Bhadrak-Balasore stretch of NH-16 widening challenge of National Highways Authority of India (NHAI).

The building of the street was undertaken with use of an estimated 10,50,000 cubic metre of soil/earth/morrum, 44,523 cubic metre of sand, 10,95,000 cubic metre of stone aggregates and 1,73,142 cubic metre of stone crusher mud with out consent/environmental clearance (EC). NGT’s East Zone bench additionally requested the SPCB to find out the environmental compensation if any violations are discovered and file an motion taken report inside three months with the Registrar.

Alay Samantaray, a social employee filed the petition alleging unlawful mining of the minor minerals. Advocate Sankar Prasad Pani argued on the petitioner’s behalf. It was argued on behalf of NHAI that having been awarded the contract, it’s the contractor who’s answerable for compliance. The contractors took stand that they procure materials for executing the contract and haven’t any accountability for violations by suppliers as they don’t seem to be by themselves endeavor any mining. The suppliers additionally sought exemption from necessities of acquiring consents/EC for mining on the bottom that street building tasks fall below such exemption. 

However, a five-member bench headed by chairperson Adarsh Kumar Goel dominated that exemption from environmental clearance for street building tasks doesn’t lengthen to the mining of various minor minerals utilized in them.