VidhiSangh

Supreme Court of India · 14/07/2020

THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA versus AAM AADMI LOKMANCH & ORS.

[2020] 6 S.C.R. 1050 · 2020 INSC 452

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Summary

The NGT had jurisdiction over deaths and environmental damage following illegal hill excavation and highway flooding. NHAI’s maintenance duties and prior knowledge of blocked drainage supported prima facie liability alongside the miner. The compensation direction was maintained subject to independent adjudication in the revived civil suit, and environmental restitution was upheld. However, the blanket restriction on construction within 100 feet of hills, and Maharashtra’s consequential planning notification, were set aside for lack of scientific support, adequate procedure and independent reasons.

Issues

  1. Whether the NGT could award compensation and restitution for the fatal flooding incident.
  2. Whether NHAI and the miner were liable and how the pending civil suit should proceed.
  3. Whether the NGT’s general construction restriction and Maharashtra’s consequential planning directions were valid.

Provisions considered

Held

Result

NHAI’s and Rathod’s appeals disposed of with compensation, restitution and civil-suit directions; other appeals partly allowed. NGT paragraph 17(e), Maharashtra’s notification of 14 November 2017 and the High Court judgment sustaining it set aside. No costs.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 1050.