An expert committee, formed on the directives of the National Green Tribunal, has put question mark on the legality of the controlled blasting carried out for upgrading the Paonta Sahib-Gumma section of National Highway-707 into two-lane in Shimla. The committee, comprising officers from Central Pollution Control Board, Ministry of Environment and Forests, state pollution control board, and Additional District Magistrate of Shimla , submitted that the “letter issued by the Sub-Divisional Magistrate (SDM) on the Subject: “Permission regarding taking up controlled blasting” appears to have been used by the Project Proponent as permission for controlled blasting”. “However, the SDM is not authorized to grant such permissions. This authority lies with the Deputy Commissioner. Subsequent approvals are granted by the concerned SDMs based on the blasting schedules submitted by Ministry of Road Transport & Highways (MoRTH),” read the report submitted with the NGT. The report, submitted on July 23, further said: “Given that the Joint Committee has observed significant impacts from blasting operations, including the dumping of large boulders on 15 valley-side land, it is recommended that this issue be revisited by a team constituted by the Deputy Commissioner of Shimla. This will help determine legality of blasting operations carried out by the contractor in the Shimla region and also whether the responsibility for bearing the loss and cost of remediation lies with the State or MoRTH.” The controlled blasting procedure is related to the use of explosives for breaking hard rock on hills and mountains for constructing highways, hydro projects and other infrastructure. The procedure is carried out only during night hours and in the presence of local police and administrative officers. The committee — with ADM Ajit Bhardwaj, CPCB scientist Narender Sharma, MoEF & CC scientist Dr. Anup Das, and HPPCB’s regional officer Lalit Thakur as members — also found that debris illegally dumped at nine out of 27 spots between Paonta Sahib and Gumma. It was recommended that a team of revenue officials, appointed by the DC assess the cost of repair or remediation. “Damages caused by natural disasters or landslides may be covered by the state government. However, damages resulting from the negligence of MoRTH’s contractors or from road construction will be the responsibility of MoRTH,” adds the report. The NGT had directed to form the committee while hearing a plea filed by Aam Aadmi Party leader Nathu Ram Chauhan. In his plea, Chauhan has alleged destruction of Himalayan ecology and natural vegetation during the road widening and upgradation process. The petitioner has alleged that the private contractors are breaking boulders and cutting the hills on one side of the road and pushing the debris on the other side of the road into the valley. Chauhan has alleged that the downside slope, including natural vegetation, river streams, habitations, and wildlife in the entire stretch of 97 km was getting destroyed. It has been alleged that lakhs of trees, including Pine and Deodar, have been destroyed and thousands of minor and major river streams have either been covered up with debris or have changed their course. In its report, the expert committee, said, “The forest department reported violations concerning illegal tree felling and a compensation and damage report amounting to Rs 2.82 lakh has been issued against the construction company for NH 707 in Shimla region. However, the Forest Department’s report does not mention the status of recovering this amount.” As per the report filed by the committee, “The MoRTH and the contractors maintained that during the flash floods of 2023, landslides have occurred at multiple points in the entire stretch of road between Paonta Sahib and Gumma NH-707. Further, it was apprised that there was immense pressure from the State authorities and public in general to open the road blockades. To open the road, the contractors have pushed the rolled down debris of landslides on the downward side of valley at a few places instead of dumping the muck at designated dumping sites”. Petitioner Chauhan has objected to this portion of the report. “The version of the contractors and the MoRTH regarding landslides at multiple points, which created roadblocks, has been accepted by the committee without any verification regarding the actual amount of rainfall and the number of landslides which have occurred in 2023. Therefore the contention that the muck is because of the landslides is vague and unacceptable,” Chauhan claimed in an objection plea filed on July 24. The petitioner contended, “The defence taken by the contractors that the disposal of muck at the un-designated sites is because of the rainfall and landslides, needs to be thoroughly inquired into by an independent probe. It is further prayed that all such sites wherever the muck is found be verified whether they are designated or not”. “If the defence of the contractors is taken on face value, then one could imagine a scene where the destroyed hill is at one side of road and muck is on the other side of road in the valley. However, to the contrary, the photographs show the hills as if they have been cut and not destroyed by landslides,” he further contended. None
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