Karnataka High Court allows NHAI to withdraw controversial affidavit on Environment Protection Act after it donates money to environmental cause

The Karnataka High Court on Tuesday allowed the National Highways Authority of India (NHAI) to withdraw its contentious affidavit in which the NHAI had made allegations that the Environment Protection Act was enacted at the instance of foreign powers..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice SS Magadum allowed the withdrawal of the controversial affidavit after counsel appearing for NHAI, Senior Advocate Udaya Holla informed the Court that the authority has donated Rs 2.5 lakh each to two environment organizations as costs.The two organizations are Indian Council of Forestry Research and Education and Research and the Wildlife Institute of India..“We hereby allow the application made by NHAI seeking withdrawal of its affidavit dated January 4. This order means that the Statement of Objections filed on record will not be treated as the statement of objections of the National Highways Authority of India. However, the same shall remain on record. We hope and trust that considering what has transpired, officers of NHAI will show sensitivity to laws relating to the Environment,” the Court ordered..The Court on Tuesday also directed NHAI as well as the Central government to file a fresh statement of objections/ affidavit in the matter within a period of one month..Last week, the Court had suggested NHAI to donate money to environmental organizations if it wanted to withdraw the affidavit. .NHAI had filed the controversial statement of objections in a PIL 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 kilometers without conducting an Environmental Impact Assessment (EIA)..In its affidavit, the NHAI 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 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. The NHAI had stated in its January 4 affidavit,"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.".Chief Justice Abhay Shreeniwas Oka, who was hearing the case, had taken strong exception to the affidavit stating that he had, in his 17 years as High Court judge, never come across such obnoxious arguments by a government agency..Allegations against Environment Protection Act, NGOs: Karnataka High Court urges NHAI to donate money to environmental organization.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.