NGO Citizens for Green Doon had challenged the order of 26 September 2018 of the NGT.
The NGO has claimed that the damage caused to the ecology of the area due to this project will not be compensated. On the same matter, the NGT approved the project considering it as a matter of larger public interest.
(GREEN DOONS) - this court already sent the matter to NGT. Ngt should consider each line and give reasons with regard to compensatory afforestation, they are dense forest.
Bench- A committee was constituted.
Petitioner- This committee is neither expert nor possess any special qualification. Forest clearance granted on basis of misinformation given. I have given photographs of forestation area which is already deforested. I have specifically given point of mitigation.
Petitioner- NHAI already built underpasses for tigers. As a tribunal, they could have assess efficacy of the underpasses. NGT doesnot have jurisdiction with respect to wildlife clearance.
Petitioner- As a tribunal, they could have assess efficacy of the underpasses. NGT doesnot have jurisdiction with respect to wildlife clearance.
Bench – you can urge before committee.
Petitioner- ‘the height of mitigation has to be 7meters, which is one meters less.’ ‘the felling in UTK has started.’ We have raised issue of biodiversity impact. It does not discriminate between private project and public project.
The impact is not reduced. It was never a part of presentation. They shown Delhi- Dehradun corridor.
J. Bose – mitigation factor is compensatory factor which can be generated after road construction, provided there is mechanism for it. For that, there is expert committee.
Petitioner – Area is densely populated- they chose existing dense forest . let chief secretary be not independent member for examining it.
Bench – You brought all these aspect before the committee.
Bench – You brought all these aspect before the committee. You have nominess of wildlife board of india, chief warden, divisional commissioners. Why to make assumptions, they will not work on it.
Petitioner - let them chose degraded area for deforestation. These are elephant areas. I worry about the elephants who cannot cross through tunnel.
SG Mehta – non trusting the official member merely he is in a govt, not right thing to allege.
Bench – AG appeared in this matter when we remanded it. He suggested that should we have non official members apart from official members. we appointed one of the university in chardham matter.
List it on Monday.