Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Gaurav Jain Vs State of Madhya Pradesh & Others dated 27/02/2024.

The matter related to non-forest activities and non-compliances of environment clearance and forest clearance conditions by Larsen & Toubro Limited along with Narmada Valley Development Authority in the construction of a irrigation project. The project proponent are in violation of Forest Conservation Act 1980 by disposing off waste collected during the excavation property as the same is being dumped in the nearby forest area, without any covering, causing air pollution in the vicinity. Larsen & Toubro   has laid down pipeline in non-compliance, by reducing the depth from the ground level.

The PP is also in violation of the mentioned FC and EC conditions, including construction of pump house in forest area, carrying out the scheme of compensatory afforestation only for the namesake, dumping the excavated soil in open without any mitigation measures as well as not taking NOC/clearances from the affected villages and joint forest management committee. These environmental violations have caused significant harm to the flora and fauna of the forest area, and has also affected the livelihood and sustenance of the indigenous people, the applicant said.

The NGT directed submission of a report from a joint committee. The committee is directed to visit the place and submit the factual and action taken report within six weeks. The Madhya Pradesh Pollution Control Board  will be the nodal agency for coordination and logistic support. The next hearing of the case will be held on April 16, 2024.