Nagpur: In the decline to the National Highway Authority (NHAI) which built the proposed Inter capital station (STI), the Nagpur bench of the Bombay High Court on Thursday directing it to check whether the project would need an environmental permit to cut down trees.
“We can suggest NHAI to review the approach and stand that has been taken in this case.
It must explore the option based on law and see if there is an environmental permit to be really needed and must be obtained as soon as possible.
If there is a direction that must be published, prayer in terms of It can be placed for the appropriate consideration, “the division bench consisting of Judge Sunil Shukre and Anil Kiors said.
While hearing two piles submitted by Ajay Tiwari and Shweta Burbure through the advice of the secretary of the Kumar Foundation and Swachha Paliwal through lawyer Ritesh Tahaliyani, the bench issued a notice to the respondent to the final disposal at the reception stage.
Mearlier, Kumar proposed several alternatives to Nhai, which carried out balance can be beaten between development and the environment.
“These suggestions are contained in the amendment application.
We will ask the authorities, including special purpose vehicles formed for construction, to look into it and consider their implementation if possible in legal parameters,” said the judges.
Meanwhile, assessing the trial until October 13, they noted that there are permits and certain permits needed.
“Even though it is the submission of Nhai Counsel Anand Pachure which except for permission of tree authorities, all permits, including the environment, they have obtained, there seems to be disagreement between the parties.” Kumar and MPCB adviser Ravi Sanyal then appointed a well-known case of Adarsh ​​Cooperative Society in Mumbai where he was held that even in the case of development proposed on the Central Government, Armed Forces or other land authorities, environmental permits are required as a provision of law Environment (protection), 1986, befall all actions.
“In that case, the provisions in Section 11 (d) of the Railway Law, 1989, are not considered, but it seems that the observation has been made in the context of the Environmental Act (Protection).
This problem will be asked to be considered by this court after hearing Parties, “said the judges.
The applicant submitted the HC notification that the NHAI application cut several trees was still delayed by NMC.
“Because the number of trees exceeds 200, such applications will be determined by the State Tree Authority.
The application along with all objections is forwarded by NMC to the state government for the right consideration and decisions,” they said.
Then directed NMC to continue the NHAI application along with all objections to the government in a week.
“We direct the government to decide on permits looking for permits within four weeks,” said the judges.