NGT flags violations in Goyla Khurd highway project, orders penalty on NHAI

Upon examining the matter, the tribunal noted that the pond is officially listed as a protected wetland under the Wetland Authority of Delhi, making any construction activity within it legally restricted.

The National Green Tribunal (NGT) has observed that environmental violations were carried out in the construction of a highway over a protected pond in southwest Delhi’s Goyla Khurd village, directing the Delhi Pollution Control Committee (DPCC) to impose a penalty on the National Highways Authority of India (NHAI). The tribunal also asked the Union environment ministry, which granted the environmental clearance, to examine the violations and take appropriate action within six months.

The tribunal made it clear that any degree of encroachment into a protected wetland constitutes a violation of environmental norms.

Pressing on the importance of sustainable development, the bench headed by NGT chairperson justice Prakash Shrivatsava also asked NHAI to ensure full disclosure of environmental impacts on natural resources such as ponds and rivers in its future projects.

The NGT had in September 2024 taken suo motu cognisance of a news report on the alleged construction of the Urban Extension Road (UER)-2 by NHAI over a pond in Goyla Khurd village. Upon examining the matter, the tribunal noted that the pond is officially listed as a protected wetland under the Wetland Authority of Delhi, making any construction activity within it legally restricted. However, NHAI constructed a flyover across the water body, installing eight pillars within the pond and affecting around 20.36 square metres of its area.

While it accounted for a small fraction of the total pond size, the tribunal made it clear that any degree of encroachment into a protected wetland constitutes a violation of environmental norms.

“In all fairness… the respondent ought to have disclosed to the MoEFCC [Centre] that it would be constructing eight pillars in the water body reducing the area by 20.36 sqm. Even though the encroachment is small, the law should have been followed and the requisite permission from the environment impact assessment authority ought to have been taken,” the bench said.

The tribunal observed that while NHAI had indicated the project would cross water bodies, it did not explicitly disclose that pillars would be constructed over the pond, and no specific environmental impact assessment was conducted. The tribunal held that this omission undermined the clearance granted by the ministry.

Referring to the Wetlands (Conservation and Management) Rules, 2017, the NGT reiterated that construction of a permanent nature within notified wetlands is prohibited. It stressed that compliance with environmental laws must be strict, regardless of the scale of the violation.

The tribunal directed the ministry to examine the violation of environmental clearance conditions and take appropriate action within six months. It also directed NHAI to ensure transparency and comprehensive environmental disclosures in all future projects.

Additionally, a joint inspection by DPCC and NHAI has been ordered to assess the damage caused to the pond, including issues such as dumping of construction debris. The agencies will recommend restoration and protective measures, which NHAI must implement within six months. DPCC has been tasked with assessing environmental damage compensation and ensuring its recovery in accordance with the law.

“DPCC will also ascertain the environmental damage compensation by giving an opportunity of hearing to the NHAI and will take steps to recover the same within six months,” the order stated.