'Irresponsible': Himachal Pradesh High Court Distressed At NHAI For Not Controlling Its Contractors Dumping Muck In Forest Areas

The Himachal Pradesh High Court has expressed serious concern over the "irresponsible conduct" of the National Highways Authority of India (NHAI) officials, who have failed to control their contractors from dumping muck in forest areas.

A bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel observed,

"We are distressed at this irresponsible conduct on the part of the officials of respondent no.5 in not controlling their contractors and preventing them from dumping muck in forest areas. This is not the only case where such complaints have been received against the contractors of the NHAI."

The Court has thus suo motu impleaded the Union of India, through Ministry of Environment & Forests and Ministry of Transport, as parties to the petition.

The bench passed this order in response to a petition filed by the Fourlane Visthapit and Prabhavit Samiti. The petitioner had raised concerns about the contractors of NHAI illegally dumping muck in the forest area. These contractors were responsible for the widening and construction of the four-lane 'Kiratpur-Nerchowk National Highway'.

In its reply, NHAI admitted that a complaint had been filed by the Divisional Forest Officer (DFO) of Bilaspur Forest regarding the illegal muck dumping in the forest land. However, NHAI failed to provide details about the steps taken to address the issue, simply mentioning that the concessioner had paid Rs. 8,45,700 to the State for the illegal muck dumping. The court criticized this response, stating that mere payment of money cannot dissolve the muck or make it disappear.

The Court has asked the Transport Ministry to file its response within 3 weeks outlining the steps that will be taken to address the issue and prevent future muck dumping in forest areas and near water bodies.

The case has been listed for further proceedings on July 20, 2023.

Case Title: Fourlane Visthapit and Prabhavit Samiti Vs State of H.P. & others

Click Here To Read/Download Order