The National Green Tribunal has junked a plea challenging a road widening project being carried out by DLF and Haryana Urban Development Authority (HUDA) in Sector 55-56 of Gurugram.
A bench headed by Justice Jawad Rahim rejected the plea filed by a former IFS officer noting that the widening project which was to be carried out was a sector road and not a national highway.
"On facts, we notice that the area comes within the Sector 55 and 56 and it is reasonable to believe that it not a national highway.
"Besides, the applicant has not established that it was national highway and was a fresh road being laid which attracted the restriction of the National Forest Policy 1908 and provisions of Environment Protection Act, 1986 and rules made thereunder," the bench said.
The green panel took into account the submission made by the project proponent that they had chopped the trees after valid permission and even transplanted 10 times the number of these trees and a total of 11,000 trees have been planted.
The bench also agreed with the argument that the allegation of connivance between officers of HUDA and DLF by the applicant was "nothing but revengeful action to tarnish their name."
"We do not find reason to reject such contention.However, we do not want to go into this question as that is not the issue for our consideration. Be that as it may, this observation was necessitated as the applicant himself wanted this Tribunal to record that there was connivance between the DLF and officials of Forest Department, who granted the permission for felling 1055 trees," the NGT said.
The judgement came on a plea filed by retired Indian Forest Service officer Rajinder Krishan Sharma alleging that DLF and HUDA have undertaken a road widening project in contravention to environmental laws, resulting in total destruction of the trees.
The plea claimed that the project undertaken to widen the NH-8 from the present width of 60m to 70m was not necessary and the activity being carried out was illegal and contrary to the provisions of "Environment Protection Act, 1986, Indian Forest Act 1927, Forest Conservation Act, 1980 and the Punjab Land Preservation Act of 1900.
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