Legal notice to NHAI over construction in Beas riverbed, Committee seeks immediate halt

Legal notice to NHAI over construction in Beas riverbed, Committee seeks immediate halt

Kullu, Oct 19,

A Public Action Committee (PAC) has issued a legal notice to the National Highways Authority of India (NHAI) and other authorities, demanding an immediate suspension of RCC retaining-wall construction in the bed and along the banks of the Beas River in the Kullu–Manali highway stretch.

The notice, dated October 19, raises concerns over the environmental impact of the ongoing construction and seeks disclosure of statutory approvals, floodplain assessments and compliance with judicial directions concerning river ecology.

The committee has cited photographs taken on October 18, which it claims show civil construction involving an RCC retaining wall within the active river channel at Kullu. It has questioned the location, engineering design and environmental permissibility of the work.

According to the notice, construction within the active river channel could interfere with the natural movement of water and sediment, alter the river’s course, increase erosion and affect flood-carrying capacity. The committee has warned that such changes could also increase flood risks at adjoining and downstream locations.

Invoking the Supreme Court’s judgment in M.C. Mehta v. Kamal Nath, the committee has argued that rivers and their associated ecological systems are public resources that must be protected. It has also referred to proceedings before the National Green Tribunal concerning highway construction and floodplain impacts in Himachal Pradesh.

The notice maintains that public infrastructure projects are not exempt from environmental laws and that the purpose of road protection cannot, by itself, establish the legality of construction within a riverbed.

The committee has asked NHAI to identify the specific judicial orders, statutory provisions and competent-authority approvals relied upon to justify the construction. It has also sought disclosure of approved river cross-sections, highest flood levels, design flood discharge, hydraulic modelling and assessments of upstream and downstream impacts.

Among its demands, the committee has called for an immediate suspension of the disputed work pending verification of its legal and environmental permissibility. It has also sought a point-wise reply, supported by documents, within seven days of receipt of the notice, along with a copy of the joint inspection report and the decision taken on its complaint.

The notice further demands removal of construction found to be illegal and restoration of the riverbed in accordance with the law. It warns that the committee may approach the National Green Tribunal for appropriate relief if the authorities fail to take satisfactory action.

Copies of the notice have been marked to the Union Ministry of Road Transport and Highways, NHAI officials, the Ministry of Environment, Forest and Climate Change, the Himachal Pradesh Chief Secretary, the State Pollution Control Board and the Kullu Deputy Commissioner.

Also read NHAI’s War-footing repair not enough to ease Manali’s immediate woes

There was no response from NHAI included in the document.

Himachalscape has tried to reach out to NHAI and as soon as response is recived shall be updated.

The allegations and concerns raised in the notice have not, by themselves, established any violation of law or confirmed that the construction has been ordered to stop.

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