National Green Tribunal Stays Construction Of Road In J&K’s Kund-Seoz Dhar Region To Prevent Environmental Degradation

The principal bench of the National Green Tribunal (NGT) has directed a stay on the construction of a road in the area from Chatter Gala to Kailash Kund via Seoz Dha, Jammu & Kashmir until further notice, as adverse impact on the environment was alleged.

The bench of Justice Arun Kumar Tyagi and Dr Afroz Ahmad (Expert Member) said that, “In view of the facts and circumstances of the case and the provisions of the section 20 of the National Green Tribunal Act, 2010 which mandates this Tribunal to apply the precautionary principle it is ordered that no further construction in respect of the road in question in the area from Chatter Gala to Kailash Kund via Seoz Dhar be made till further order to the contrary”.

The Tribunal was hearing an application filed under Sections 14 and 15 of the NGT Act, 2010, seeking the indulgence of the Tribunal in protecting the flora and fauna of the Kailash Kund-Seoz Dhar region by declaring it a protected area.

The applicant also requested that construction of the road in the said region not be allowed due to its potential adverse impact on the environment.

The Tribunal considered it essential to examine the Chief Engineer, PWD (R & B) and the DFO, Bharderwah as witnesses in the case. Accordingly, summons were issued to require them to physically appear before the Tribunal on May 24th with all relevant records for their examination through affidavits and cross-examination.

The NGT also warned that if the Chief Engineer, PWD (R & B) and the DFO, Bharderwah fail to appear before the Tribunal in compliance with the summons, coercive measures such as their arrest and detention through issuance of a non-bailable warrant of arrest, as well as attachment of their salary, will be taken.

Exercising the precautionary principle under Section 20 of the NGT Act, 2010, the Tribunal stayed the construction of the road in question in the area from Chatter Gala to Kailash Kund via Seoz Dhar until further notice.

It has also directed Deputy Commissioner, Doda and the Senior Superintendent of Police, Doda to take all requisite steps to ensure that no such further construction in respect of the road in question in the area from Chatter Gala to Kailash Kund via Seoz Dhar takes place in violation of the order passed by the Tribunal.

The matter will now be taken up on 24 May.

Case title: R.D. Singh Bandral v. Union of India & Ors.

Counsel for Applicant: R. D. Singh applicant in person

Counsel for Respondents: Jitendra Baarti

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