Allegations against Environment Protection Act, NGOs: Karnataka High Court urges NHAI to donate money to environmental organization

The Karnataka High Court on Tuesday urged the National Highways Authority of India (NHAI) to donate a "substantial" amount of money to any environmental organization in the wake of its controversial affidavit filed in an environmental case. .A Division Bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum said that it will consider the application filed by NHAI seeking to withdraw the objectionable affidavit, only after the donation is made.."Notwithstanding what has happened, the prayer made by NHAI for grant of permission to withdraw the statement of objection filed on January 4 will have to be acceded to. The same will have to be subject to payment of appropriate cost. Before we pass any order regarding cost, we give the opportunity to NHAI to donate a substantial amount to any organization which, according to NHAI is doing constructive work in the field of Environment. While we say so, we are not compelling the NHAI to do so, as the court always retains the power to pass appropriate orders of cost," the High Court said. .Last month, the Court had taken strong exception to the affidavit filed by NHAI which alleged that the Environment Protection Act of 1986 (EP Act) was enacted by Parliament at the instance of foreign powers. It further alleged that non-profit organisations which file public interest litigation (PIL) petitions under the EP Act are acting at the instance of such foreign powers..The affidavit was filed in a PIL filed by NGO, United Conservation Movement Charitable and Welfare Trust challenging an order issued by the Ministry of Environment, Forest and Climate Change in 2013 granting exemption for the expansion of National Highways greater than 100 kms without conducting Environmental Impact Assessment (EIA).."The Act was passed by the Parliament not only for protection of environment but also at the instance of foreign powers. And many NGOs are filing such writ petitions at the instance of foreign powers," the NHAI affidavit had said..The allegations in the affidavit were not limited to the petitioner in the present case but it also targeted other NGOs."Many organisations in India calling themselves Environmental Action Groups such as Amnesty International etc are actively involved in attacking development projects and challenging government policies and notifications and doing anti-national activities. There are many NGOs receiving funds from foreign sources and church funds in contravention of laws," it further alleged..Chief Justice Abhay Shreeniwas Oka, who was heading the Bench, had said on January 11 that he had, in his 17 years as High Court judge, never come across such obnoxious arguments by a government agency..The Court had then proceeded to demand an explanation from the NHAI. .The NHAI then filed a new affidavit issuing an unconditional apology for the unwarranted and scandalous allegations made in its statement of objections filed earlier. It also assured the Bench that it will ensure fairness while filing pleadings before the Court.."NHAI has utmost respect and regard for the law and does not intend to hurt the rights of any litigant. It had no intention to make any reckless or insensitive remarks against any party to this petition or any third party and in specific any non-government organisation," the NHAI submitted in the new affidavit..The affidavit further said that Chief General Manager (Legal) of NHAI, who is a senior officer, had been appointed by NHAI to look into the manner in which the affidavit was filed. This inquiry has been complete and a report has been submitted in a sealed envelope before the Court, it was told..Further, it was also informed the Deputy General Manager who had signed the affidavit, has been suspended from January 21..Moreover, it also said that a show cause notice was issued to the legal firm, representing NHAI in the matter, asking why action should not be taken against the firm as it failed to discharge its duties as a legal counsel..Pursuant to the same, the law firm canceled the retainership of the advocate, who was representing NHAI in the matter, the affidavit said. Now, the matter is being handled by another law firm, it added..When the matter was taken up for hearing on Tuesday, Senior Advocate Uday Holla, appearing for the NHAI, asked the Bench for suggestions with respect to the amount of donation..CJ Oka's response was that it is upto the NHAI to decide the amount as well as the organisation to which the donation should be made. However, the amount must be "consistent with the status of NHAI," the Bench clarified.."As regards to the organisation to whom to donate, we leave it to the choice of NHAI. The amount also is left to you, but the amount will have to be consistent with the status of NHAI and with the status of the senior counsel appearing for NHAI.".The matter will be next heard on February 9. .[Read latest NHAI affidavit]