Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental law: National highways |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environmental law: National highways – Double lane carriageway width with paved shoulder standard – Road-width for the three strategic border roads, Rishikesh to Gangotri (NH-94 and NH-108), Rishikesh to Mana (NH-58), and Tanakpur to Pithoragarh (NH-125) – A program “The Chardham Mahamarg Vikas Pariyojna” of the Ministry of Road Transport and Highways (MoRTH) was announced which aimed to widen the roads of national highways in order to ensure safer and faster traffic movement – An application was filed before NGT, challenging the construction under the project on the ground that the development activity has a negative impact on the Himalayan ecosystem – NGT held that the project did not require any environment clearance, however, directed the constitution of an oversight committee to monitor the environmental safeguards – Appeal filed before Supreme Court challenging the NGT’s order, in which order was modified and High Powered Committee (HPC) constituted – Conclusions in the HPC Report were unanimous except for the issue relating to the width of the road – Court took the cognizance of report and accepted the view of the minority – Miscellaneous applications were filed by appellants and Union of India seeking their respective reliefs in regard to road width – Court directed HPC to consider the issues in applications and to submit a detailed report – Held: National highways provide vital connections to the establishments of the Armed Forces – Importance of the requirement of double-laned highways has been emphasized for the movement of trucks, equipment and personnel of the Armed forces – 2020 MoRTH circular states that roads in hilly and mountainous terrain which act as feeder roads to the Indo-China border should be of Double lane with paved shoulder configuration (DL-PS) standard – Considerations for construction of highways which are of strategic importance and used by armed Forces cannot be same as those for other roads in hilly and mountainous regions – Need for development of national highways of a DL-PS standard is proportionate to the object of fulfilling the security concerns of the nation as assessed by the Ministry of Defence (MoD) – Moreover, majority of the members of the HPC recommended the adoption of the DL-PS standard as road-width for the project – However, more than 50 per cent of the hill cutting and double-laning has been completed on national highways – Therefore, partial development of the highway compliant with the IW standard and the remaining in conformity with the DL-PS standard would not be suitable for the needs of the Armed Forces – Order of this court was modified to this extent – Hence, UOI and MoD were permitted to apply a DL-PS configuration to the highways – With respect to the environmental issues – Sustainable measures must be adopted – Obligation imposed upon MoRTH and MoD to implement recommendations made by HPC – There has to be an assessment of the nature of the problem by obtaining actual data for all individual projects – Mitigation measures should be implemented for all projects.Doctrines/principles: Principle of Sustainable development – Environment Rule of Law - Multi-faceted principle, which does not prohibit development, but structures it around what is sustainable – It not only ensures equity between the present and the future generations but also development which ensures equity between different sections of society at present – There is lack of consensus on how to ascertain whether a particular developmental project abides by the principle – It not only creates uncertainty within the law, but makes the application of the principle selective – Environmental law. National Highways: A combined reading of Art.246 along with Entry 23 of List I of Schedule VII of the Constitution of India indicates that national highways fall entirely within the ambit of the Parliamentary domain – The executive power of the Union is co- extensive with the power of Parliament – In accordance with s.2(2) of the National Highways Act 1956, the Union Government is empowered to declare any road as a national highway and issue directions for its development and maintenance – Within the Union Government, the specific responsibility lies with MoRTH – Constitution of India – Art.246; Schedule VII, List I , Entry 23. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 885 |
Petitioner | Citizens For Green Doon & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2021] 14 S.C.R. 503 |
Judgement Date | 2021-12-14 |
Case Number | 10930 |
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