Supreme Court allows road widening of highways in Chardham project

The Ministry of Defence, last year, sought widening of the roads for swift movement of armed forces troops, equipment, and machines to the Indo-China border

The Supreme Court on Tuesday allowed the Centre to widen three strategic roads, part of the Chardham project, on the grounds that the need for their development was proportionate to the object of fulfilling the security concerns of the nation in view of recent security challenges at the Indo-China border.

A bench of justices DY Chandrachud, Surya Kant and Vikram Nath also noted that the roads beyond Gangotri, Mana and Pithoragarh in the project, were being developed by the Ministry of Defence as double-laned highways.

The Centre had amended its 2018 notification in December 2020 to increase the road width limit from 5.5 metres to 10 metres.

The top court said there are no mala fides in the application filed by the MoD last year, seeking widening of the roads, up to 10 metres, for swift movement of armed forces troops, equipment, and machines to the Indo-China border.

The Centre had told the apex court that given the proximity of the roads to the Indo-China border, and the necessity of free movement for transport of trucks, machines, equipment and personnel of the Indian Army, double-lane configuration must be allowed.

Also Read — With 93% work done, National Highway 334B is set to be completed by January 2022, says Gadkari

An NGO, Citizen for Green Doon, among others, had questioned widening of the roads, citing environmental hazards associated with it in the Himalayan region.

Justice Chandrachud, who authored the judgment on behalf of the bench, said the court, in its exercise of judicial review, cannot second-guess the infrastructural needs of the armed forces.

The court modified the order passed by a bench presided over by Justice R F Nariman, on September 8, 2020, to the extent that the national highways from Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh be developed according to the double-lane carriageway width with paved shoulder standard as provided in the 2020 Ministry of Road Transport and Highways (MoRTH) circular.

"We must arrive at a delicate balance of environmental considerations such that they do not impede infrastructural development, specifically in areas of strategic importance crucial to the security of the nation," the bench said.

The top court, however, formed an oversight committee headed by former SC judge, AK Sikri, to ensure the implementation of recommendations of a high-powered committee by the MoRTH to address environmental concerns of the project.

In August 2019, the court had ordered the constitution of the high-powered committee to assess the impact of the Chardham project on the Himalayan region. In July 2020, the committee delivered a report, where a majority of the members recommended the adoption of a double lane-paved shoulder standard road width for the project.

Watch the latest DH Videos here: