A bench headed by Justice Raghuvendra S Rathore directed the DM to study the judgment dated September 20, 2016 and file an affidavit about the status of compliance of its directions. The green panel sought the affidavit from the DM within 10 days on a plea by Ghaziabad resident Sushil Raghav seeking implementation of the judgement.
"It was incumbent on the respondents to have first gone through the Judgment and then proceed for execution of the same. During the course of the proceedings, we have found that the respondents have not even noted the area in question and the directions given by the tribunal which are required to be complied with," said the bench, also comprising expert member S S Garbyal.
The tribunal directed the officers concerned on Wednesday to remain present on July 29, the next date of hearing. It had earlier directed Environment Ministry to decide within a month on clearance for construction of a six-lane Hindon elevated road connecting NH-24 in Ghaziabad.
The road project, being built by the Ghaziabad Development Authority (GDA), was covered under Entry 8(b) of the Schedule to Environmental Clearance Regulations 2006 and it was mandatory for GDA and the state government to obtain environmental clearance (EC).
The 9.3 km six-lane Hindon elevated road provides a link to NH-24 and is intended to ease the congestion in Ghaziabad and enable onward traffic move to other districts in UP. The judgement had said: "The project proponent (GDA) should apply for obtaining Environmental Clearance within three months from the date of pronouncement of this judgement.
"Upon receipt of this application, the Regulatory Authority concerned shall consider the application for grant of EC in accordance with the prescribed procedure in terms of Regulation of 2006 and dispose of the same as expeditiously as possible, in any case not later than six months from the date of filing of the application."
Raghav had contended that the construction work for the project was started in this area, which falls under the Hindon Bird Sanctuary, without any permission from State Environment Impact Assessment Authority under Environmental Impact Assessment notification 2006.