National security vs environment: SC in a fix over Char Dham Road Project

Satya Prakash

Tribune News Service

New Delhi, November 9

As the Centre cites the need to facilitate rapid deployment and movement of Armed forces along line of actual control (LAC), the Supreme Court on Tuesday wondered if environmental concerns can override national security.

While hearing a PIL filed by Citizens for Green Doon challenging the Stage-I forest clearance and wildlife clearance granted for the improvement/expansion of roads under Char Dham Project, resulting in felling of trees in Dehradun, a three-judge Bench led by Justice DY Chandrachud sought to underline the limitations of judicial activism in such cases.

“We must tell you our predicament…If the Centre says they are doing it for tourism, then we understand and we can impose more stringent conditions. But when it’s needed to defend the nation’s borders, then it’s a serious predicament the court has to encounter in cases like this,” it noted.

“All development has to be sustainable…But sustainable development has to be balanced with defence of the nation. We can’t deny the fact…We are really in a terrain and altitude where the defence of the nation is extremely important. Can we, therefore, say we will override the concerns of the armed forces or the defence?” said the Bench which will continue the hearing on Wednesday.

The ‘Char Dham’ highway project is to connect the four holiest places in Uttarakhand through 900-km all-weather roads. The Centre has contended that it will facilitate rapid deployment/movement of Armed Forces along India-China border which has witnessed face-offs at several points in recent times.

Attorney General KK Venugopal told the Bench the Army needed feeder roads of a certain width to transport men and material in times of war. “There are seven projects leading to international borders which are needed for Army movements. There is a need for Armed Forces’ vehicles, rocket launchers etc to travel on these roads and all this was not taken into account,” Venugopal said, adding the Army’s needs must be taken into account.

While highlighting the dangers of environmental degradation as reflected in recent disasters and landslides, senior Advocate Colin Gonsalves said, “Even if there is a whiff of suggestion that environmental concerns must triumph over the country’s defence, I must not win this case.”

In view of a 2018 notification mandating a 5.5 metre limit for road width in hilly terrains, the Supreme Court had in September 2020 asked the government to comply with it in the Char Dham project. However, the Government amended the notification in December 2020 and sought the top court’s permission to construct 10 metre wide roads.