Allowed

Tai Maya S/O Shri Tai Nuku v. the Principal Secretary Ministry of Environment Forest and Climate Change

NGT4 Mar 2025IA No. 32/2025 in Original Application No. 74/2017

Case brief

AI extract

What is this about?

Tribunal allowed NHIDCL to deposit Rs. 3 Crores as interim environmental compensation with APSPCB for haphazard muck dumping during Arunachal Pradesh road projects.

What did the court decide?

NHIDCL directed to deposit Rs. 3 Crores with Arunachal Pradesh State Pollution Control Board as interim compensation within two weeks.

What the court decided

Tai Maya S/O Shri Tai Nuku vs the Principal Secretary… — Environment and Pollution | NGT (2025)

¶1

Item No.12

¶2

Court No.1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

¶4

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

¶5

Original Application No.74/2017/EZ (I.A. No.02/2025/EZ & I.A. No.32/2025/EZ)

¶6

Mr. Tai Maya Applicant(s)

Versus

UOI & Ors.

Respondent(s)

Date of hearing: 04.03.2025

¶11

CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

¶12

For Applicant(s) : None

¶13

For Respondent(s) : Mr. Ashok Prasad, Advocate for R-2, 5, 7 & 8,

¶14

Mr. Surendra Kumar, Advocate for R-4, Mr. Siddharth Mitra, Sr. Advocate a/w Mr. Arnab Ray, Advocate for R-6

¶15

ORDER

¶16

The Tribunal by its order dated 09.05.2022 had directed interim compensation of Rs.10 Crores to be deposited by the NHIDCL to the State Pollution Control Board within one month. This order was challenged by the NHIDCL before the Hon’ble Supreme Court in Civil Appeal No.7393/2022 which was dismissed by the Hon’ble Supreme Court by order dated 12.07.2024. Subsequently, we find from the order communicated in the Tribunal that another order was passed on 15.01.2025 which reads as under:-

¶17

“1. Delay condoned.

¶18

2. The order dated 9-5-2022 passed by the National Green Tribunal in Original Application No.74 of 2017/EZ was made the subject matter of challenge in Civil Appeal No.7393/2022. The said appeal came to be dismissed by this Court vide Order dated 12-7-2024.

¶19

¶20

3. In such circumstances, the relief prayed for today by way of clarification application is not maintainable.

¶21

4. At this stage, Mr. Tushar Mehta, the learned Solicitor General requested this Court that he may be permitted to move the NGT seeking appropriate modification.

¶22

5. Well if such an application is maintainable in law, it is always open for the petitioner to move such an application.

¶23

6. Miscellaneous Application and Interlocutory Application are disposed of in above terms.”

¶24

I.A. No.32/2025/EZ:-

¶25

This Interlocutory Application h/as been filed by the NHIDCL praying that the order dated 09.05.2022 may be modified and in place of interim compensation of Rs.10 Crores, the Respondent No.6 may be permitted to deposit an interim compensation of Rs.3 Crores. It is stated that this figure of Rs.3 Crores was determined by the Committee constituted by the Tribunal and the Report has been submitted on 19.10.2022. The Inspection Report reads as under:-

¶26

“In compliance of Hon’ble National Green Tribunal in the matter of “Tai Maya – versus Union of India & Ors.” OA No.74/2017/EZ vide order dated 09-05-2022

¶27

Ground:

¶28

The fact of the Case/matter is that the applicant is a social activist and has filed the instant litigation back in 2017 against the development projects undertaken by the State in which gross violations of environmental laws like Environment Protection Act, 1986, Water Act, 1974 & Forest Conservation Act, 1980 were alleged. The Ministry of Environment, Forest & Climate Change is also one of the respondents in the case. Further allegations were made that in some portion of the road, new alignments were proposed

¶29

¶30

as per Detailed Project Reports/Plan & Projects (DPR/P&P); and assessment of the affected forest lands required to be diverted for non-forest lands use were one out the User Agencies and Contractors have not followed the proposed alignment and have just widened existing roads/alignments and no re-assessments were done. The user agencies made fraudulent bills and the quantity of work as proposed and construction on ground does not match.

¶31

Introduction:

¶32

Hon’ble National Green Tribunal, Eastern Zone Bench, Kolkata heard the matter (OA No.74/2017/EZ) of “Tai Maya – versus – Union of India & Ors.” on 09-05-2022 and constituted a Joint Committee to examine and investigate the Muck dumping site in the road construction project of Arunachal Pradesh.

¶33

The Hon’ble Tribunal directed vide order dated 09.05.2022 to form a Joint Committee to undertake tasks mentioned below:

¶34

1. Undertake visit to the sites and interact with the project proponents, their agencies and other stake holders.

¶35

2. Decide upon action to be taken for the violations, compliance of the environmental norms as well as fixing accountability for the past violations including restoration of environment.

¶36

3. Assess the compensation, prepare and approve the action plan for restoration of environment.

¶37

4. File its action taken report of compliance status as on 31.08.2022 by 15.09.2022 by email at [email protected].

¶38

In compliance to the Hon’ble NGT order, Arunachal Pradesh State Pollution Control Board notified the constitution of the Joint Committee vide order dt. 25-05-2022 comprising with following members:

¶39

i. Shri W. Longvah, IGF (C), Regional Officer, Integrated Regional Office Guwahati, MoEF&CC.

¶40

¶41

ii. Shri M.K. Choudhury, Regional Director, CPCB, Shillong.

¶42

iii. Shri N. Tam, PCCF (WL&BD) & CWLW representative of PCCF, Arunachal Pradesh.

¶43

iv. Shri P. Ringu, CCF, Central Arunachal Circle, Pasighat representative of PCCF, Arunachal Pradesh for represent Central Arunachal Forest Circle.

¶44

v. Shri Tapek Riba, CCF, Banderdewa & Member Secretary, Pollution Control Board Arunachal Pradesh.

¶45

Stipulated conditions in respect of muck dumping for road construction as per approved forest clearance:

¶46

1. The overburden shall not be dumped outside the width of the road. The muck generated in the earth cutting will be disposed of at the designated dumping sites and in no case the muck/debris will be allowed to roll down the hill slopes.

¶47

2. The muck dumping area shall be stabilized and plantation of suitable species shall be carried out over stabilized dumps on the cost of the user agency under the supervision of State Forest Department.

¶48

3. The designing of culverts/bridges, if any, over the natural stream/rivers/canals should be done in such a manner that it does not hamper the natural course of the water, does not give rise to water logging and also does not hamper the movement of the wild animals.

¶49

4. All the site-specific engineering structures like retaining walls, breast wall and drainage shall be constructed to avoid any soil erosion and to provide slope stability of the concerned hills.

¶50

Details of road stretches as per the forest clearance proposals of designated dumping site.

¶51

¶52

Petitioner’s Allegation: Non Compliance of EC and FC condition in regards to muck dumping:

¶53

In such 6 projects are under allegation for violations of the aforesaid enactments, rules and regulations and the Project are implemented without approved Muck disposal Plan.

¶54

The name of the Projects are:

¶55

*Sl.* *No.*	*Name* of *Projects*	*Name* of *User* *Agencies*	*Name* *Contrac*	of *tors*	*Petitioner’s* *Allegation*
1.	Akajan- Likabali- Bam	National Highway Infrastructure Development Corporation Limited (NHIDCL)	M/s. Kishre Mohanta (JKM) Enclave, Road, Guwaha Kamrup, Assam 781021 M/s. Engineer Consorti Private Limited Village (TKECPL Naharlag Itanagar Arunach Pradesh 791110	Jugal Ivory RGB ti, TK ing um Model ), un, , al	Project going on without approved Muck disposal Plan
2.	Yingkiyong- Mariang- Pasighat	PWD-NHIDCL	M/s. Kishre Mohanta (JKM) Enclave, Road,	Jugal Ivory RGB	Project going on without approved Muck disposal Plan

¶56

¶57

			Guwahati, Kamrup, Assam 781021 M/s BSCPL, 8-2-502/1/A, JIVI Towers, Road No.7, Banjara Hills, Hyderabad, Telangana 500034
3.	Pasighat- Pangin	PWD/ NHIDCL	M/s. Puna Hinda Construction Private Limited, C/o Times Video Library, Akash Deep, PO & PS Itanagar, Arunachal Pradesh 791111	Project going on without approved Muck disposal Plan
			M/s. TK Engineering Consortium Private Limited Model Village (TKECPL), Naharlagun, Itanagar, Arunachal Pradesh 791110
4.	Papu-Yupia (Wild Life	PWD	M/s. TK Engineering	Project going on without

¶58

¶59

	Zone)		Consortium Private Limited Model Village (TKECPL), Naharlagun, Itanagar, Arunachal Pradesh 791110	approved Muck disposal Plan
5.	Police HQ- Chimpu	PWD	M/s. TK Engineering Consortium Private Limited Model Village (TKECPL), Naharlagun, Itanagar, Arunachal Pradesh 791110	Project going on without approved Muck disposal Plan
6.	Chimpu- Holong	PWD	M/s. TK Engineering Consortium Private Limited Model Village (TKECPL), Naharlagun, Itanagar, Arunachal Pradesh 791110	Project going on without approved Muck disposal Plan

¶60

Site visit and observations by the Joint Committee:-

¶61

The committee carried out site inspection during the period 05.07.2022 to 10.07.2022 of all the roads mentioned in the NGT order dated 09-05-2022 and made observation of all the designated dumping sites. The detail list of GPS

¶62

¶63

coordinate of the muck dumping sites are enclosed as Annexure I.

¶64

Muck disposal

¶65

1. Yingkiyong – Mariyang – Pasighat (site visited on 06.09.2022)

¶66

On the date of site visit 06.09.2022, active muck dumping was not observed. The dumps are covered with natural vegetation covered by herbs and shrubs and some places with trees. It may be assumed that before 5 to 10 years at the time of construction phase large quantity of mucks generated from road widening project. Muck dumping plan was approved in the FC clearance proposal.

¶67

The public hearing was conducted with the Zila Parishad member in presence of Circle Officer of Mariyang on 06.09.2022.

¶68

(ii) Akajan – Likabali – Bam (site visit on 08.09.2022)

¶69

The generated muck are continuously being disposed haphazardly in an unscientific manner leading to number of other environmental issues such as loss of nutrients of the top soil, destruction of vegetation leading to deforestation, siltation of rivers and stream.

¶70

The public hearing was conducted in Basar and Likabali in respect of Akajan-Likabali-Bam road where local residents had raised complaint on destruction of their agriculture crops due to improve muck dumping by choking the natural rivers/streams in this stretch of road. The grievances raised by the local residents has been appended.

¶71

Gross violation of muck dumping plan was observed in this stretch of road. Photographic evidence has been annexed for kind perusal of the Hon’ble NGT.

¶72

¶73

(iii) Pasighat to Pangin (visited on 07.09.2022)

¶74

The muck dumping was carried out in designated sites though it was observed that the encroachment in certain sites has been taken place. The concerned DFO has been directed to remove the encroachment and take possession of the forest land. In one instant it was seen that change in user agency without permission of Central Govt. from PWD to NHIDCL.

¶75

(iv) Papu – Yupia (Wild Life Zone) (visited on 09.09.2022)

¶76

The road stretch from 0.00 km to 7.00 Km has been involved in NGT case and muck has been dumped in the private land. Terrain is undulating to hilly. No improper muck dumping site has been observed during the committee visit.

¶77

(v) Police HQ – Chimpu

¶78

The land transferred from BRTF to PWD without permission of Central Govt. for change in user agency from BRTF to PWD.

¶79

(vi) Chimpu – Hollongi

¶80

The above three roads were visited on 09.09.2022. It was informed that project was completed on 2017.

¶81

The Committee observed that no Forest clearance and wildlife clearance has been obtained for additional 37.30 ha Chimpu Nallah to Holongi from 2.75 km to 20.37 km by PWD in Papumpare district (four lane specification) and the matter in court. However, no violation of muck dumping plan was observed Chimpur Nallah to Holongi.

¶82

The muck dumping sites in respect of road stretches above at (iv), (v) and (vi) is naturally stabilized with the growth of herbs, shrubs and trees. Proper drainage system needs to be provided to ensure un-obstructed flow of runoff into the river. The muck dump site should be compacted for better stability

¶83

¶84

and provision of garland drains around to prevent passing run off through it.

¶85

Slope stabilization and revegetation:

¶86

Due to widening of road construction project maximum numbers of muck dumps having slope towards the Siang river/other water body angles ranges between 60 to 85 degree (approx.) and designated dump site distance less than 30 mtr from water body to Yingkiyong – Mariang – Pasighat and Pasighat – Panging road. Where due to unscientific disposal of muck cause damage to the ecology of the area and also increase the sedimentation in the river bed and further posing threat to the nearby water body. The committee recommends the adoption of biological engineering measures to stabilized and rejuvenate by project authorities at the mucks disposal site by constructing gabion wall, retaining wall, proper drainage system, toe wall, sedimentation piths and vegetative methods.

¶87

2. Signage and demarcation:

¶88

The signage and demarcation of diverted forest land and erection pillars of boundary of the muck disposal site has not yet fixed. The concerned DFO should immediately demarcate the boundaries and display board with detail information at the cost of user agency.

¶89

3. Land slide/Road cutting:

¶90

Road cutting in the hill slope is a sensitive issue which lead to the maximum area of land under new road construction project compared to virgin hill top. Some of the land slide occurred during rainy season due to cutting road without any scientific study. The committee hold the user agency that responsible for triggering land slide and damage of environment. Cutting of hill top was not observed in benching pattern where during rainy season highest land slide occurred. Nearby land slide area a catchment area need to be

¶91

¶92

developed for arresting sediments. In fact, there should have proper Standard Operating Procedure (SOP) for the contractors for such activity of slope cutting and preventing natural springs. However, no such SOPs are available with the contractors which should be made available to the DFO concerned.

¶93

4. Diverted/blocked the natural drainage:

¶94

At the Gobuk area about 4.3 km Yingkiyong from the natural water body diverted for agricultural irrigation purpose blocked by natural drainage/course of nallahs by the debris/boulders thereby changing the natural course of the nallahs causing erosion to the natural slops towards Seng river side, as a result destroy the local eco-system (land & water) remedial action required.

¶95

5. Environmental Clearance:

¶96

Project has not obtained the EC for this road construction project. They have informed EC is not required for less than 100 Km road construction project. However, it was observed that construction of road from Yingkoing – Mariange – Pasighat FC has obtained for length is about 0.00 Km to 130.384 km where project has not obtained the Environmental clearance as per environmental protection act, 1986, EIA notification 2006 and 2013.

¶97

6. Water and air pollution: (Report attached as annexure-II):

¶98

7. Interaction with public:

¶99

The joint committee discussed the issue of muck dumping with the Zila Parishad member at Inspection Bungalow, Mariyang on 06.08.2022. On dated 08.08.2022 a huge public gathering and interaction has been made by committee at the circuit house Basar in presence of concerned district authorities, Leparada District in the matter about the impact of muck disposal in the water, fishery and agricultural field.

¶100

¶101

On dated 09.08.2022 a public interaction was conducted at Forest gust house Likebali on impacts due to muck disposal. In this regard villagers of Leparada and Likabali have submitted copies of memorandum to the joint committee for further necessary action.

¶102

8. As per the observation the road construction from likebali to Basar is being done by NHIDLC and Bame to Along (now Aalo) by Highway depart of PWD which needs to be ascertained.

¶103

Recommendations of Joint Committee:

¶104

i) Stringent monitoring mechanism should be in place regularly oversee and take corrective steps on all the ongoing roads construction in the State of Arunachal Pradesh.

¶105

ii) Prior to road cutting the contractor should ensure construction of gabion wall, retaining wall, etc. to prevent muck from rolling down the slopes.

¶106

iii) The top surfaces and slopes of dumping sites of all dumping areas needs to be protected by vegetation cover. In order to stabilize the slopes, the biological measures which mate, uses of hydro seeding, spreading of seed balls, etc. which need to be taken up immediately, if not simultaneously.

¶107

iv) Checking the air and water quality of the affected areas should be made mandatory. Any project activity causing air and water pollution needs to continuously monitored.

¶108

v) Environmental clearance is mandatory for road Yingkiong – Mariyang – Pasighat, (0-16-130 km.) where project proponent should have submitted a copy of EC accorded by MoEFCC, Govt. of India.

¶109

Monitoring of Environmental Damage as under:

¶110

The committee recommends quarterly monitoring to assess the Environmental Damages due to impact of muck disposal

¶111

¶112

of the road construction project and send report to the PCCF, Govt. of Arunachal Pradesh, Member Secretary SPCB, Arunachal Pradesh, and Integrated Regional Office Guwahati, MoEFCC, Govt. of India as under:-

¶113

(i) The PCCF (WL) or his representative and APSPCB will monitor Papu - Yupia, Police HQ and Chimpu – Hollongi sectors and report any violation in regards to EC and FC.

¶114

(ii) The CCF Pasighat or his representative and APSPCB will monitor Pasighat – Mariyang, Pasighat – Pangin, Bame – Likebali – Akajan and report any violation in regards to EC and FC.

¶115

As regards compensation to crop damages, etc., the user agency should pay the cost of production of Agri/Horticulture products per hectare per annum as per the rate recommended by District Agriculture Officer/District Horticulture Officer/District Fishery Officer through the respective Deputy Commissioner of the districts.

¶116

Environmental compensation:

¶117

In the light of the observation above the committee recommends that the user agency shall deposit an amount of Rs.3.00 cr. with the Arunachal Pradesh State Pollution Control Board as interim penalty for compensating the environmental loss due to haphazard muck dumping specially in regards to Akanjan – Likebali – Bam Road. The DFO and concerned CCF will submit comprehensive mitigation plan in consultation with Arunachal Pradesh State Pollution Control Board which will be approved by the PCCF & HoFF, Govt. of Arunachal Pradesh. The total cost of mitigation will be funded by the user agency, i.e. NHIDCL.

¶118

The expenditure incurred during the preparation of comprehensive mitigation plan and monitoring of roads will

¶119

¶120

be drawn from the interim fund deposited by the user agency i.e. NHIDCL with the APSPCB.”

¶121

Based upon which the NHIDCL, Respondent No.6, has prayed that they may be permitted to deposit the sum of Rs.3 Crores with the Arunachal Pradesh State Pollution Control Board as interim penalty for compensating the environmental loss.

¶122

The I.A. No.32/2025/EZ is, therefore, allowed. We direct the Respondent No.6, NHIDCL, to deposit the interim compensation of Rs.3 Crores with the Arunachal Pradesh State Pollution Control Board within two weeks.

¶123

We further direct the Committee constituted by the Tribunal to determine the final Environmental Compensation to be paid by the Respondent No.6, NHIDCL.

¶124

The Report mentions that Divisional Forest Officer (DFO) and the concerned Chief Conservator of Forests (CCF) will submit Comprehensive Mitigation Plan in consultation with Arunachal Pradesh State Pollution Control Board which will be approved by the PCCF & HoFF, Govt. of Arunachal Pradesh. The total cost of Mitigation Plan will be funded by the User Agency i.e. NHIDCL.

¶125

The State Respondents shall file affidavit within six weeks bringing on record the Report of the Committee.

¶126

List on 21.05.2025.

¶127

B. Amit Sthalekar, JM

¶128

….......................................... Dr. Arun Kumar Verma, EM

¶129

March 04, 2025, Original Application No.74/2017/EZ (I.A. No.02/2025/EZ & I.A. No.32/2025/EZ) MN

¶130

Tai Maya S/O Shri Tai Nuku v. the Principal Secretary Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

Tai Maya S/O Shri Tai Nuku v. the Principal Secretary Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Peter Coutinho vs Goa Coastal Zone Management Authority

Reagan Rodrigues Represented by His Poa Rousseau Rodrigues vs Goa Coastal Zone Management Authority

Ia No. 29/2025 in Misc Application in disposed of cases No. 8/2025 of Kulwinder Singh Sandhu vs Ram Murti

Dr Bina Basnett vs State of Sikkim

News Item Titled 7 Flamingos Spotted Near Dps Lake Wetland Killed Activists Blame CidcoS Development Plan Appearing in the Indian Express Dated 28.04.2024 vs Principal Chief Conservator of Forests H.O.O.F. Maharashtra

Bhoori Singh vs District Magistrate

News Item Titled High-Rise Construction Near Ambazari Lake Raises Concerns Amid Flood Worries Appearing in Nagpur Today Dated 21.05.2024 vs the State of Maharashtra through Nagpur Municipal Corporation through Its Director

Mr. Nagesh Vinayak Dhamale vs Ministry of Environment and Forest and Climate Change (Moef & Cc) New Delhi.

Misc Application in disposed of cases No. 45/2024 in Original Application No. 66/2024 of Pooja Phillo vs State of Odisha

Z Estates Private Limited vs State Environment Impact Assessment Authority Odisha

Mohammad Ilyas vs State of Jharkhand Represented through Additional Chief Secretary

Subhas Datta vs Department of Environment

Jadavpur Silicosis Akranto Sangrami Shramik Samity vs State of West Bengal

Subhas Datta vs Department of Environment