NGT - Trees on Central Verge - NHAI
Sanjeev Goyal
Before the National Green Tribunal sitting at Delhi
Compilation 1 – Containing Application
Applicant :
Secretary, Dwarka Forum,
720, Pocket-I, Sec-14, Dwarka,
New Delhi-110078.
#9891271854
Before the National Green Tribunal sitting at Delhi
Compilation 2 – Annexures, page 9 to 16
i) Page 9 letter from NHAI dated 29 July 2008
ii) Page 10 letter to Secretary, MOEF dated 23 Nov 2008,
iii) Page 11 letter from NHAI dated 13 Aug 2010
iv) Page 12 letter from MORTH dated 28 Feb 2011
v) Page 13 letter from IRC dated 15 Mar 2011
vi) Page 14 letter from NHAI dated 6 Nov 2012
vii) Page 15 letter from NHAI dated 21 Nov 2012
viii) Page 16 letter to Prime Minister, dated 7 Jun 2014
Applicant :
S K Goyal, Secretary, Dwarka Forum,
720, Pocket-I, Sec-14, Dwarka,
New Delhi-110078.
#9891271854
Form I
[See rule 8(1)]
Before the National Green Tribunal sitting at Delhi
Memorandum of Application
(under section 18(1) read with sections 14,15,16 & 17 of National Green Tribunal Act, 2010)
Application No._ /2014
Between:
1. S K Goyal, Secretary, Dwarka Forum,
720, Pocket-I, Sec-14, Dwarka,
New Delhi-110078.
…Applicant
AND
1. Chairman, National Highways Authority of India, G 5&6, Sector-10, Dwarka, New Delhi - 110 075. Phone: 91-011-25074100 & 25074200, Fax-25093507, 25093514 chai...@nhai.org
2. Secretary, Ministry of Road Transport & Highways, Transport Bhawan, Sansad Marg,New Delhi-110001. 23714104, Fax-23356669 secy...@nic.in
3. Secretary, Ministry of Environment & Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003.
…Respondents
1) The address of applicant is given above for the service of notices of this application.
2) The addresses of the Respondent are given above for service of notices of the application
3) The applicant above named begs to present the Memorandum of Application on the grounds set out hereunder:
--2--
Facts in brief:
The pollution in country has reached alarming levels and is proving to be extremely harmful for human life. Many of the cities, including national capital, in our country have reached to a level which is unfit for human inhabitation. Under such circumstances it is utmost duty of every one to take all possible efforts to protect environment. As an effort planting new trees and making efforts to reduce emission standards are equally important.
At present the length of National Highways in our country is around 92851 km and growing constantly. While this length constitutes only 1.70% of the total road network in country they carry 40% of the road traffic. In a way we can say that these highways are major source of concentrated pollution centers and thereby administrative body carry greater social responsibility towards environment protection. These must follow stringent environment protection norms while designing road network.
We all, in our daily life, must have seen trees planted on central verge and sides of road – all Delhi roads are a live example of this. Perhaps no one would have thought that these trees are very harmful and must not be planted. At least, NHAI thinks like that. NHAI has a policy to not to plant trees on central verge mainly for following counts:
(i) These drip after rain and destroy roads and
(ii) Create visibility problems during dusk & dawn and
(iii) The uprooted trees block the way of traffic.
It’s a matter of surprise that NHAI has 100% discounted the benefits of trees and instead of finding solution to these issues it has following a policy to not to plant trees.
NHAI cannot go overboard on the issue of safety of motors running on highways. Every-thing in life has a cost benefit analysis and one cannot take decisions by totally ignoring other side of the coin. We, not at all, saying that motorist should be put to any ‘extra avoidable’ danger but driving safely is also the prime responsibility of driver. Road accidents do happen on most advanced western countries, having all safety gadgets. There can be no situation which can eliminate accidents from roads, the only way out is to dismantle all roads. Recently 71 vehicles collided on Delhi Agra Highway – who could be held responsible for this? Highway death is not the only libel on a society but forcing crores of individuals to inhale highly polluting air day & night and die inch-by-inch is far bigger sin. Heavy pollution is seriously impacting human life & health, and there is enough reference to this fact in many court rulings by apex court.
As per norms 333 trees need to be planted on one kilometer of road length. There are 3 internal verges on a national highway 1 between the 2 main carriage ways and I each between service lane and main carriage way on both sides. So in this way the total loss of trees works out to around 9,27,58,149 (92851X333X3) (nine crores twenty seven lakhs fifty eight thousand one hundred forty nine). In case states are also following this rule the magnitude of loss of greenery would be un-imaginable. On a day when environment of more & more cities is being down-graded as not fit for living the rationale of such policy has a serious question mark on it. Do we really need such expansion of highways? The daily pollution date published by TOI is a testimony to this.
It is understood that there are solutions to both the issues contemplated by NHAI. Now-a-days there are enough techniques available to make roads water resistant sufficient enough to withstand the dripping by trees. It is understood that such technique already being used by Border Roads Organisation for constructing roads. Further, one such technique has been demonstrated in a programme ‘Satyamev Jayate’ on national television on 16 March 2014. The program shows how waste plastic can be successfully used in road construction and thereby substantially multiplying the life span of roads. The technique has been invented & patented by Dr R Vasudevan of Thiagarajar College of Engineering, Madurai. Instead of accepting a hefty sum from foreign companies to sale his patent, he is kind enough to keep the patent open and free for use by any Govt. authority in India. Actual road example was shown in programme which is intact even after 10 years of use that too without any maintenance. Road constriction in itself is a process which is not only full of pollution & heat but also consumes a lot of depletable natural resources, and any attempt to increase the life span should also be seen as an act in protecting environment. The programe can be viewed at http://www.youtube.com/watch?v=lS0_FCBzI_w
As far as dim light during dusk & dawn is concerned, though it may not be fully attributed to trees the vehicles running of highways may be advised to ‘on’ the head light during dusk & dawn. As per rules vehicles are supposed to ‘on’ the light half an hour after the sun set till half an hour prior to sunrise. Vehicles running of highways may be asked to ‘on’ the light immediate after sun set and keep it ‘on’ till sunrise. As far as falling of trees during storms is concerned we think it is too much to expect trees to not fall on highway.
As a society this much cost we should be ready to bear. Trees which are providing us so many good things including life line oxygen – instead of upgrading our preparedness to remove fallen trees from highway not to plant them is not at all a good idea. Any tree which has been sowed today would fall some-day. In a way it is almost tantamount to saying that in order to avoid the fear of death humans should stop producing next generation. By timely removing the old age hollow stump trees this problem can be addresses to a greater extent. If trees would not fall from where the wood would be supplied to crematorium?
Further, there are several highways which have quite wide central verge exceeding 3-4 meters. Such wide verges can to a great extent mitigate the impacts the apprehensions of NHAI. But instead of striking out a balance a total ban has been put on planting trees. There are several species which don’t have a very large diagram and can easily be accommodated by wide central verges. I have tried to raise the issue with administrative offices but there is no response (correspondence placed as anexures).
While following this policy NHAI seems to have forgotten that trees not only prevent roads from melting during scorching summer heat but also greatly help in absorbing pollution created by sound & dust. The central verge is a place, trees standing on it are most exposed to the vehicular pollution hence contribute more than a tree standing in a jungle. Trees also provide shadow to pedestrians/motors and make their journey comfortable. It seems that NHAI has taken easy approach to discard tree plantation rather than finding a viable solution to this.
Grounds: Given the fact that pollution level in the country has hit alarming levels, particularly when Delhi is topping the world, any of the rules framed to deal with ‘Non-Planting Trees’ needs to pass through strictest scrutiny. By adopting the policy to not to plant trees on verges on national highways, NHAI has taken very hard stand which is very much against current day interest of the society. This has posed a serious question on the ways we, as a society, want to protection of environment. The huge quantity of probable trees which gets impacted due to one sided stand of NHAI has made it a substantial environmental issue requiring judicious review.
Limitations:
Prayer: In view of the above NGT is requested to allow following relief
(i) Respondent 1 & 2 to put up their current stand on this policy and reconcile it with present day requirement.
(ii) Respondent 3 may put up its comments with respect to its duty to protect environment on this policy of NHAI and
(iii) Any other relief as per wisdom of NGT for larger social advantage.
For Dwarka Forum
Signature of applicant
Verification
I S K Goyal s/o Late Sh Sham Lal, Secretary Dwarka Forum, age 42 resident of D-103 Shivam Apartment, Plot-14, Sec-12, Dwarka, New Delhi-110078 do hereby verify the that all the above information is true to my personal knowledge and that I not suppressed any material facts.
Date: 19 Jan 2015
Place: New Delhi
Signature
R. Dua
A safety option would be to treat highways as highways and not runways.Doubt if the poor trees have anything to do in highway pile ups.
The quality of Delhi air is abysmal.We need to do all to correct this.
Regards.
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Sanjeev Goyal
Sanjeev Goyal
Mahendra Kumar Gupta
Sanjeev Goyal
Sanjeev Goyal
Before the National Green Tribunal sitting at Delhi
Original application No. 38/2015
In the matter of:
S K Goyal, Secretary Dwarka Forum,
….applicant
Versus
NHAI, MoRTH, MOEF
INDEX
|
Amendment to Application |
Page 2-3 |
|
Revised Memo of Respondents |
Page 4 |
Revised Application
Applicant :
Secretary, Dwarka Forum,
D-103 Shivam Apartments,
Plot-14, Sec-12, Dwarka,
New Delhi-110078.
#9891 271854 cwa...@gmail.com
--2--
Before the National Green Tribunal sitting at Delhi
Original application No. 38/2015
In the matter of:
S K Goyal, Secretary Dwarka Forum,
….applicant
Versus
NHAI, MoRTH, MOEF
……Respondents
Facts: Addition: The Indian Road Congress (IRC) which is an apex body to frame road related guidelines has approved a code ‘Guidelines on Landscaping & Tree Planation’ IRC:SP:21 way back in 1979 stating that central verge of national highways are not suitable for tree plantation. As a result National Highways Authority of India (NHAI) has followed a practice to not to plant trees on median. In past 36 years social & environment scenario in the country has undergone a sea change. Environment was not the top most priority in 1979 but of course it is now. It’s a bit surprising that neither NHAI nor M/o Road Transport or M/o Environment has ever seems to have challenged these hypothesis framed more than 36 years ago. They have totally discounted the benefits of trees and instead of finding solution to the issues followed the code published by IRC.
In 1979 perhaps there was no concept of TRAFFIC JAM. Nor the pollution was a major concern. Vehicle population was scanty and greenery was sufficient or even for that matter there were not many roads with divider in between probably most of the highways were without any central verge.
We find trees on central verges on Noida Express Way, Yamuna Express Way, Delhi Gurgaon Express Way and all over Delhi but have never heard a single word or read a single line about the possible harm these can cause to motorists as envisaged by IRC. It is surprising that while Express Way can have trees on central verge not the national highway – whereas the traffic running on both is same? The National Highways which carries 40% of traffic load all across India are supposed to be very aggressive in making good the loss the society at present is suffering due to heavy pollution generated on these highways. Road accidental alone aren’t a threat to human life but magnitude of loss to humans due to degraded environment is far more greater. There can be no development in society which deprives human beings from breathing fresh air.
--3--
Now when NHAI wide its rejoinder has refused to deal with the issue stating that it is following present rules framed by Indian Road Congress (IRC), we pray that IRC be made a respondent in this case.
There is larger social cause behind this application which impacts each of us. Therefore, for the sake of reducing harm to humans due to extremely degraded environment by tapping the huge potential of planting several crore additional trees on central verges on National Highways all over India the applicant begs following relief:
(i) Instruct IRC to have a review of its Code 21 concerning Tree Plantation & Landscaping and allow tree plantation on central verges on National Highways across India,
(ii) Considering huge technological advancement in the techniques of constructing strong, durable & long-life roads as well the improved robustness, comfort & quality of vehicles running over these roads, instruct NHAI & MoRTH to put up various measures to counter the reasons cited by IRC to not to plant trees on central verges,
(iii) MOEF may put up its comments with respect to its duty to protect environment on this anti-environment policy of IRC and
(iv) Any other relief as per wisdom of NGT for larger social benefit.
For Dwarka Forum
Signature of applicant
Verification
I S K Goyal s/o Late Sh Sham Lal, Secretary Dwarka Forum, age 42 resident of D-103 Shivam Apartment, Plot-14, Sec-12, Dwarka, New Delhi-110078 do hereby verify the that all the above information is true to my personal knowledge and that I not suppressed any material facts.
Date: 7 May 2015
Place: New Delhi
Signature
Form I
[See rule 8(1)]
Before the National Green Tribunal sitting at Delhi
Memorandum of Application
(under section 18(1) read with sections 14,15,16 & 17 of National Green Tribunal Act, 2010)
Application No. 38/2015
Between:
1. S K Goyal, Secretary, Dwarka Forum,
…Applicant
AND
1. Chairman, National Highways Authority of India, G 5&6, Sector-10, Dwarka, New Delhi - 110 075. Phone: 91-011-25074100 & 25074200, Fax-25093507, 25093514 chai...@nhai.org
2. Secretary, Ministry of Road Transport & Highways, Transport Bhawan, Sansad Marg,New Delhi-110001. 23714104, Fax-23356669 secy...@nic.in
3. Secretary, Ministry of Environment & Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003. secy...@nic.in
4. The
Secretary General, Indian Roads Congress, Sector 6, (Near RBI Quarters),
R K Puram, New Delhi- 110022. secret...@irc.org.in
…Respondents
S K Goyal, Secretary, Dwarka Forum,
Arun Banerjee
Mahendra Kumar Gupta
Sanjeev Goyal
|
Registration Number |
MOENF/R/2015/61298 |
|
Name |
S K Goyal |
|
Date of Filing |
06-12-2015 |
|
RTI Fee Received |
10 |
|
Payment Mode |
Credit or Debit Card |
|
SBI Reference number |
115120649629239 |
|
Transaction Status |
Transaction Successful |
|
Request filed with |
Ministry of Environment & Forests |
|
M/o Environment & Forests: Please refer verdict under petition no. 38 of 2015 with National Green Tribunal wherein issue of tree plantation on central verges on National Highway was raised. As per decision of NGT dated 17 Aug 2015 wherein Joint Secretary of MoEF was entrusted to review the policy of non-plantation of trees on national highways in consultation with other stake holders like NHAI, CRRI and submit a report to NGT within 8 weeks. In this regard please inform (i) whether report is submitted to NGT? (ii) What is the outcome of review? (iii) Whether copy of review report has been submitted to all parties to case? |
|
|
Telephone Number |
24695302 |
|
Email Id |
|
Sanjeev Goyal
| Registration Number | MOENF/R/2015/61298 |
|---|---|
| Name | S K Goyal |
| Date of Filing | 06/12/2015 |
|---|
| Request filed with | Ministry of Environment & Forests |
|---|
| Status | REQUEST DISPOSED OF as on 09/12/2015 |
|---|---|
Reply :- Nil information | |
| CPIO Details :- | Amit Ranjan (NAEB) Phone: 24360769 |
| First Appellate Authority Details:- | Anoop Badhwa (NAEB) Phone: 24697404 aba...@nic.in |
| Nodal Officer Details | |
| Telephone Number | 24695302 |
|---|---|
| Email Id | us.rt...@nic.in |
Sanjeev Goyal
PGC - Your Registration Number is : MOEAF/E/2015/00842 dated 11 Dec 2015.
Sir,
NHAI is following the practice of not planting trees on central verges of National Highways. Thought we find tress on all other roads in city but Indian Road Congress (IRC) find it harmful to plant trees on central verges. As a result around 95000 kn length of National Highways (NH) are being adversely affected due to this policy. We have been trying to attract the attention of MOEF towards this anomaly since 2008 but there is no one to pay heed to this. After prolonged correspondence when MOEF did not move a court case was filed with NGT on 19 Jan 2015. The NGT wide its order dated 17 Aug 2015 issued direction to MOEF to review this policy in consultation with NHAI, IRC and M/o Road Transport. And submit a report within 8 weeks i.e. by 12 Oct 2015. However on not getting any update an RTI was filed with MOEF on 6 Dec 2015 (no. 61298) to provide the latest position with regard to conducting a meeting with other stake holders and submission of report with NGT. However the RTI has been quickly disposed off by PIO stating ‘NIL’ information on the subject.
What ministry is trying to convey - It is a joke? The citizens are reeling under heavy pressure of pollution and babus in ministry are not moving. Since 2008 seven years have passed but employees of ministry are in deep slumber not ready to wake up – playing with the health of citizens. For past several months the only news appearing most as headlines is growing pollution severely impacting people. Instead of taking action at its own, now despite court orders ministry is not bothered to review the faulty policy? That too M/o ENVIRONMENT? Review of this policy can unleash scope for plantation of several crores trees across India. Recently Delhi Gurgaon Expressway Authority has decided to plant trees on central verge – surprisingly this is also NH but ministry is behaving like deaf & dump to adopt a change in policy and apply on all India basis. On such a serious issue ministry if playing. When court has ordered review it must have found something wrong with it?
The pressure of pollution is at such a high level that people are dying and suffering with chronicle diseases but due to sheer lethargy ministry is totally reluctant to take a step forward to contribute remove this unwarranted bottleneck. Request
(i) Review of policy be undertaken urgently in compliance with court orders and report submitted to NGT,
(ii) Disciplinary action be taken against the officer who failed to take action as per court order.
Sanjeev Goyal
|
Registration Number |
MOENF/A/2015/60296 |
|
Name |
S K Goyal |
|
Date of Filing |
30/12/2015 |
|
Request filed with |
Ministry of Environment, Forest and Climate Change |
|
Status |
APPEAL DISPOSED OF as on 10/02/2016 |
|
Reply :- Appellate Authority considered the points raised
in your appeal and directed the CPIO (NAEB) to forward your RTI application
to the CPIO, M/o RTH. |
|
|
Nodal Officer Details |
|
|
Telephone Number |
24695302 |
|
Email Id |
|
Sanjeev Goyal
for info.
Before the National Green Tribunal sitting at Delhi
Application No.
In the matter of:
S K Goyal, General Secretary, Dwarka Forum,
….Applicant
Versus
Secretary, MoEFCC
……Respondents
Facts: A case was filed wide reference ‘original application number 38/2015’ and wide order dated 17/08/2015 (Annexure 1) NGT issued direction to MoEFCC to conduct a meeting with other concerned departments/ministries to review the prohibition of tree plantation on central verges of national highways. As per direction a meeting was to be conducted by Joint Secretary MoEFCC within a period of 4 weeks to review the rationale of existing policy and submit a report to NGT within 8 weeks thereof (i.e. by 12/10/2015).
However, on receiving no response after the expiry of time limit fixed by NGT undersigned filed an online RTI application (reference no. 61298) with MoEFCC on 06/12/2015 (Annexure 2) to know the latest status of matter. But in response MoEFCC provided ‘NIL’ information wide reply dated 09/12/2015 (Annexure 3).
On aggrieved, an online appeal was filed on 30/12/2015 (Annexure 3) and in response MoEFCC, instead of providing status, transferred the application to M/o Road Transport, (Annexure 4) on 10/12/2015, which again in turn transferred the application to National Highway Authority of India. This sequence of event confirms that no one is interested in enforcing the NGT order
The application was also transferred to Director Co-ordination MoRTH by Superintending Engineer S, P &T (R) and PIO wide letter dated 03/03/2016 (Annexure 5). Again on getting no response a letter was issued by undersigned to Director Co-ordination on the address mentioned in previous letter but the same was returned by P&T Department undelivered with remarks as ‘Left’ (Annexure 6).
2
Meanwhile another reference was made through Public Grievance Mechanism wide petition dated 11/12/2015 with MoEFCC but the same was also disposed-off without even uttering a single word as ‘Disposed’ (Annexure 7).
Finally a letter was issued to MoEFCC wide letter dated 23/04/2016 (Annexure 8) as legal notice with a statement to file a contempt petition with NGT for non-compliance of orders.
Mails were also sent to Registrar NGT on 12/12/2015 & 13/03/2016 (Annexure 10 & 9) to issue notice to MoEFCC for complying with NGT order and submit the minutes of meeting as directed in order dated 17/08/2015.
Still there is no response from any stake holder.
Now in light of utter defiance of NGT order we have once again come to the shelter of tribunal for following relief:
(i) Issue directions for compliance of its earlier order to review the existing prohibition of tree plantation on national highways,
(ii) Grant other appropriate relief under section 28 of NGT Act 2010 and
(iii) Cost of petition Rs.20,000/-.
Sanjeev Goyal
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