Saturday 24 December 2016

HC stays NGT orders on felling of trees for widening of NH-22

HC stays NGT orders on felling of trees for widening of NH-22  The Himachal Pradesh High Court today stayed all orders passed by the National Green Tribunal (NGT) in the matter pertaining to felling of trees for the purpose of four-laning of National Highway-22 in the stretch between Parwanoo and Shimla. A division bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan
Barowalia passed these orders in a petition filed by the National Highways Authority of India (NHAI).
The high court further stated that all the proceedings pending before the Tribunal in this regard shall be stayed. The high court also issued notice to the state and central governments and directed the respondents to file their response within eight weeks.
NHAI had challenged the suo motu orders passed by NGT, wherein it had directed the state government to file personal affidavit of the Project Director stating as to how many trees they had already felled on Solan?Parwanoo stretch of NH-22.
NGT had also directed that no further trees would be cut in excess of the permission granted. NHAI in its petition alleged the State Supported Agreement was executed between the Petitioner and the Government of Himachal Pradesh, pursuant to which the petitioner took up the project of widening and upgrading of NH-22.
On the request of the state government, the petitioner undertook the exercise towards conceiving the project of four-laning of the road, identifying the lands involved, the land owner, the routes, deliberating over all aspects of the projects, in particular over the survey which finally got approved by the experts.
The petitioner has further stated in the petition that environment clearance was also granted to the project by the Ministry of Environment, Forest and Climate Change on May 16, 2007. 

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