[ Amar Sangno ]
ITANAGAR, 5 Apr: An environmental activist from Dibang Valley district has accused the National Highways & Infrastructure Development Corporation Limited (NHIDCL) of grossly violating the environmental norms by not obtaining prior consent from the Arunachal Pradesh State Pollution Control Board (APSPCB) vis-à-vis the construction of National Highway (NH) 313 from Roing in Lower Dibang Valley district to Anini in Dibang Valley.
Environmentalist Rakhini Mipi, a resident of Anini, has accused the NHIDCL of violating the Construction & Demolition Waste Management Rules, 2016, and causing threat to endangered forest species, aquatic lives and wildlife by dumping muck and debris haphazardly.
Mipi had filed a petition on 22 August, 2021, before the National Green Tribunal’s (NGT) Kolkata-based eastern zone bench, claiming that “major environmental norms violations is being found at 183 kilometres NH 313, which is connecting strategic and border district Dibang Valley headquarters Anini.”
The NGT will hear the matter on 20 April this year.
In his petition, Mipi argued that illegal and unauthorised disposal of muck and debris and discharge of chemical waste by the executing agency “is creating environmental hazard and causing loss of aquatic lives and forest resources.”
The Arunachal Times has learnt that the then Dibang forest division DFO Aduk Paron and the then Anini DFO Kenjum Rina and the Anini range forest officer had issued permission for muck disposal on different dates, such as on 18 January, 2019, 15 April, 2021, and 27 August, 2021, and gave approval to disposing of muck in four different sites, covering a 67-hectare area.
When the matter was flagged by the NGT eastern zone bench, the principal chief conservator of forests (PCCF) had struck down the permission given by the DFOs on 2 November, 2021, stating that the DFOs “are not authorised to issue such approval once forest clearance for a particular works and area is given under the Forest Conservation Act (FCA),” and declared all permission or certificates issued by DFOs and the range forest officer “illegal and null and void.”
The PCCF further observed, “Once approval under FCA for the road for a particular area, including muck dumping area, is given by the ministry, then for any additional area, independent proposal to the ministry was required to be submitted by the NHIDCL. Therefore, the approval given by above two officers in the capacity of DFO Dibang forest division and DFO Anini and all actions on the part of the concerned officer of NHIDCL are violation of FCA.”
The PCCF issued a show cause notice to the officers concerned for violating the FCA, 1980, the AFR, 1891, and other relevant environmental laws, and directed the DFOs to explain, along with detailed documents, within 15 days.
DFOs Paron and Rina did not respond to the queries sent by The Arunachal Times through WhatsApp.
It is learnt that only one DFO responded to the show cause notice and the other two officers are yet to offer any explanation.
“Reply from one has received. From others awaited. Show cause is not just issued but first requirement in any case and action is to be taken as per merit of their explanation as per rule,” said Eastern Zone (Tezu) Chief Conservator of Forests (CCF) Tarun Johri.
Almost four months have passed since the show cause notices were issued to the DFOs, but the CCF has not receive any response regarding follow-up action by the officers concerned.
The NGT had also sought the detailed report, including action taken reports, from the APSPCB. The board responded, claiming that it had levied environmental compensation charge amounting to Rs 3,28,68,750 against the NHIDCL under Section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974, on 19 October, 2021.
The APSPCB had directed the NHIDCL to deposit the amount within 45 days in favour of the APSPCB’s account. The board also observed that, “in the highway project from Roing to Anini, from 16 km to Anini, the total length of 184 kilometres has been found to be dumping muck or debris down the slope of the hilly terrain, which is violation of environmental norms.”
However, it is learnt from the APSPCB that the NHIDCL is yet to pay the environmental compensation amount imposed upon it for violating the FCA. On being asked whether the NHIDCL has paid the environment compensation amount, the APSPCB member secretary replied, “No. We have sent them several communications.”
Responding to the board on 21 March, 2022, the NHIDCL claimed that it has directed the engineering, procuring and construction (EPC) contractor of the greenfield alignment highway project to apply for consent from the APSPCB, as per the provisions of the contract agreements with the NHIDCL.
“However, the contractor has failed to comply with the same till date,” said NHIDCL General Manager Pranjal P Burgohain.
“It further requested the APSPCB to grant another four weeks’ time to resolve the issue, so that it may bring the matter to a logical conclusion,” he said.
Burgohain did not name the EPC contractor that failed to comply with the direction to obtain consent from the APSPCB. The Arunachal Times also sent queries to the NHIDCL general manager, but did not get any response.
The PCCF office in Itanagar refused to comment on the matter, stating that the matter is sub judice in the court.
