Despite clearances, NHAI can’t excavate Ghamroj bundh: National Green Tribunal

Bhartesh Singh Thakur

Chandigarh, September 17

Coming to the rescue of Ghamroj bundh in Gurugram’s Sohna, the National Green Tribunal (NGT) ruled that mere compliance with the Forest Act and getting the environmental clearance can’t allow the NHAI to obstruct water drainage into the embankment area, river flow and groundwater recharge.

The move comes after a petition was filed in the NGT, alleging illegal excavation and demolition of Ghamroj bundh by the NHAI to build a ‘rest area/parking bay’ for trucks and buses and a toll plaza on the NH-248A on Sohna Road.

An inspection by Ravinder Singh, Technical Officer of the Integrated Regional Office of the Ministry of Environment, Forest and Climate Change, in 2021 pointed out that the bundh was being damaged continually. He said the submergence area of the bundh was being levelled by using heavy machinery and the forest area was being utilised for the purpose of rest area, which violates the conditions put up by the ministry.

Accordingly, the ministry directed the state via the divisional forest officer (DFO) concerned to retrieve the diverted forestland remaining unutilised after the upgrade and strengthening of NH-248A and restore the protected forest area of the bundh.

The Sohna Master Plan, 2031, also advocated that the bundh has to be retained in its current state. An explanatory note issued in this regard by the Town and Country Planning Department on November 15, 2012, said Sohna was surrounded by the Aravallis on the eastern and western sides and during monsoon run-off from these ranges passes through nullahs, namely Mahandwara nadi.

On the contrary, the NHAI said the proposal and drawings clearly provided for a toll plaza and rest area in the forestland allowed to be diverted. The state Forest Department had issued notices to the NHAI on January 13 and March 29, stating that construction in the Ghamroj bundh area wasn’t permissible but the latter contested. On July 1, the DFO again wrote to the NHAI to vacate the area but to no avail.

In its order dated September 16, the Bench, headed by chairperson Justice Adarsh Kumar Goel, said, “… approval for the diversion of the forestland for the project can’t include damage to the embankments or water channel/body…” “Accordingly, no further use of the said embankment will be allowed by the project proponent (NHAI) and the same must be protected and preserved to enable the drainage of water into the bundh area, river flow and groundwater recharge. The said bundh with necessary buffer area may be appropriately demarcated and left unused for the project.”

A panel has been formed for the enforcement of the order.