Disposed

News Item Titled "Unscientific Work by NHAI Led to Shirur Landslide Geological Survey of India Report" Appearing in the Indian Express Dated 02.08.2024 vs

NGT12 Aug 2024Original Application No. 1055/2024

Case brief

AI extract

What is this about?

The National Green Tribunal registered this original application suo-motu based on a news report alleging unscientific highway construction caused a landslide. The court impleaded relevant authorities as respondents and transferred the matter to the Southern Zonal Bench, Chennai, noting a violation of the Environment Protection Act. The order remands the case for response filing before the Souther

What did the court decide?

Impleaded respondents with notice to file response; transferred application to Southern Zonal Bench, Chennai for listing on 30.09.2024.

News Item Titled "Unscientific Work by NHAI Led to Shirur… — Environment and Pollution | NGT (2024)

¶1

Court No. 1

¶2

Item No. 06

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Original Application No. 1055/2024

¶5

News Item titled "Unscientific work by NHAI led to Shirur landslide Geological Survey of India report" appearing in the Indian Express dated 02.08.2024

¶6

Date of hearing: 12.08.2024

¶7

CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

¶8

ORDER

¶9

This original application is registered suo-motu on the basis of the news item titled "Unscientific work by NHAI led to Shirur landslide Geological Survey of India report" appearing in the Indian Express dated 02.08.2024

¶10

The matter relates to the July 16 landslide in coastal Karnataka’s Uttara Kannada district. As per the article, a preliminary report by the Geological Survey of India has listed “unscientific” construction of National Highway (NH) 66 by the National Highway Authority of India (NHAI), combined with heavy rainfall in a short span of time, among factors responsible for the disaster.

¶11

The news item states that a massive landslide brought down a torrent of mud and debris at Shirur village in Akola, destroying the Karwar-Mangaluru portion of the 1,640-km highway, which connects Maharashtra’s Panvel with Kanyakumari in Tamil Nadu. Besides damage to the highway, four houses and two high-tension power transmission towers at Akola were destroyed, and a tea stall and two

¶12

¶13

trucks got washed away in the landslide. Eight bodies have been recovered so far and search operations have been on for nearly two weeks to look for the remains of three more suspected victims.

¶14

The news item quotes the GSI report, which states that the natural drainage flows were disturbed when slope modifications were carried out to build the highway. The steep gradient of the cut slope, presence of highly weathered rock, thick debris, saturation due to rainfall and lack of toe support (the distance between the edge of the highway and the beginning of the slope, a key factor while designing stable slopes along highways) are the primary causative factors of the debris flow. Intense rainfall acted as the trigger for the landslide. The high relief and overburden material in the hill slope suggest that retrogression of the slide is probable during prolonged rainfall.

¶15

The news item further alleges that the authorities have in the past been alerted by scientists and other experts about the “unscientific” widening of roads and vertical cutting of hills at this stretch. Furthermore, it is claimed that the Uttara Kannada’s coastal areas and ghats receive a high 3,500-4,000 mm of rainfall per annum, making it a challenge to execute infrastructure projects. Given these difficulties, it is imperative for government agencies to assess terrain conditions before executing road projects.

¶16

The above matter indicates violation of the provisions of the Environment Protection Act, 1986.

¶17

The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

¶18

¶19

Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

¶20

Hence, we implead the following as respondents:

¶21

i. National Highway Authority of India, Through its Secretary G 5&6, Sector 10 , Dwarka, New Delhi - 110075

¶22

ii. Geological Survey of India, Through its Director General GSI, 27 Jawaharlal Nehru Road, Kolkata 700016

¶23

iii. Ministry of Environment and Forest, Through its Regional Office Integrated Regional Office, Kendriya Sadan, 4^th Floor, E&F Wings, 17^th Main Road, Koramangala II Block, Bangalore – 560034

¶24

iv. District Magistrate, Uttar Kannada Office of the Deputy Commissioner & District Magistrate UttaraKannada District Karwar 581 301

¶25

Issue notice to the respondents for filing their response before the appropriate bench of the Tribunal at least one week before the next date of hearing.

¶26

Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.

¶27

List before Southern Zonal Bench at Chennai on 30.09.2024

¶28

Prakash Shrivastava, CP

¶29

¶30

Arun Kumar Tyagi, JM

¶31

Dr. A. Senthil Vel, EM

¶32

August 12, 2024 O.A. No. 1055/2024 HB

¶33

News Item Titled "Unscientific Work by NHAI Led to Shirur Landslide Geological Survey of India Report" Appearing in the Indian Express Dated 02.08.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Unscientific Work by NHAI Led to Shirur Landslide Geological Survey of India Report" Appearing in the Indian Express Dated 02.08.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jafar Iquebal Middya Alias Jafar Ali Middya vs the West Bengal Pollution Control Board

Pooja Phillo vs State of Odisha

Santosh Singh vs

Kamlesh Jonwal President Rwa vs Uday Punj

Deepak Rai vs

Bharatiya Kisan Union Purwa through Its Sceretary vs Ground Water Directorate Uttar Pradesh

Bharatiya Kisan Union Purwa through Its Sceretary vs Ground Water Directorate Uttar Pradesh

News Item Titled Immediate Action Against Those Involved in Illegal Excavation and Transportation of Sand the Department Earned So Many Lakhs through Fines.Appearing in Khabar 36 Media Dated 04.03.2024 vs Chattisgarh Environment Conservation Board

Misc Application in disposed of cases No. 69/2024 in Original Application No. 734/2018 of Rajendra Digambar Aagale vs State of Maharashtra

Mohd Rashid Choudhary vs

Girja Shankar Rai vs State of Uttar Pradesh

Surendra vs

Sandeep vs

Ajay Jain vs