Shimla, Jan 28,
In a significant ruling on environmental accountability, National Green Tribunal (NGT) has ordered payment of Rs 47.14 lakh as environmental compensation to a private trout fish farm owner in Himachal Pradesh for losses caused by illegal dumping of construction debris into a natural stream.
The order was passed by the Principal Bench of the Tribunal in Original Application No. 383/2024, awarding compensation to Mr. Kushal Gupta, owner of the Himalayan Trout Fish Farm in Kullu district. The damage occurred due to dumping of muck and debris during the construction of a bridge over Haripur Nallah, which polluted the watercourse and devastated aquatic life downstream.
The Bench, comprising Justice Prakash Shrivastava (Chairperson) and Dr A. Senthil Vel (Expert Member), held that the entity[“organization”,”Himachal Pradesh Public Works Department”,”state works department himachal pradesh”] (HPPWD) and the executing contractor had violated Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, which prohibits discharge of pollutants into streams and water bodies.
Thousands of Trout Killed, Eggs Destroyed
The Tribunal noted that illegal dumping during bridge construction led to heavy siltation of the nallah, resulting in the death of thousands of trout fish and destruction of fish eggs at the downstream farm. This, the NGT said, amounted to clear environmental damage and loss of livelihood.
The ruling relied heavily on inspection and assessment reports submitted by the Fisheries Department, Revenue Authorities, Gram Panchayat, and the State Pollution Control Board, all of which conclusively established that the damage was directly linked to construction activity carried out without adequate safeguards.
Limitation Plea Rejected
Rejecting the respondents’ objection on limitation, the Tribunal observed that the application was filed within the permissible period after excluding:
- Time spent by the applicant in earlier proceedings before the High Court, and
- The COVID-19 limitation extension granted by the Supreme Court.
Joint Liability, Recovery from Contractor Allowed
The NGT directed Respondent No. 2 (HPPWD) and Respondent No. 3 (the contractor) to jointly and severally pay Rs 47,14,000 within two months. The Tribunal also granted liberty to the State department to recover the compensation amount from the contractor, in accordance with law.
The order reinforces the “polluter pays” principle and sends a strong signal to executing agencies that environmental safeguards during infrastructure projects are non-negotiable, particularly in ecologically sensitive hill states like Himachal Pradesh.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
