The Supreme Court on Tuesday allowed the Defence Ministry to widen three strategic highways—with riders—on the Indo-China border as part of the Centre's strategic 900-kms 12,000 crore Char Dham project providing for all-weather connectivity to Uttrakhand's four major shrines Badrinath, Kedarnath, Gangotri and Yamunotri in the upper Himalayas.
These three highways under the Char Dham project are strategic feeder roads that lead to the Chinese border. In allowing the Centre's plea, the top court said it has struck a delicate balance between national security concerns and the principle of deep-rooted sustainable development crucial to the environment.
Referring to the "serious challenges to national security" in the recent past, the three-judge bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath said that border security concerns need to be met to facilitate the movement of troops and equipment. High ways that of strategic importance cannot be compared to other roads in hilly terrain, the court clarified.
"This court in the exercise of judicial review cannot second guess the requirements of the army," the Bench said. The court cannot question the government's policy choice, the bench added.
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Need for delicate balance between national security and environmental concerns
The top court's Tuesday order modified its earlier September 2020 order which had restricted the width of the road under the Char Dham project to 5.5 metres. The top court allowed the Centre's plea to widen the road upto 10 metres. The court also appointed an oversight committee led by former top court judge AK Sikri in a bid to balance defence needs versus environmental concerns.
In November, making a veiled reference to the Chinese incursions at the Indian border, the court had asked whether the highest constitutional court can override defence needs particularly in the face of recent events?
"Can we say that environment will triumph over the defence of the nation? Or we say that defence concerns be taken care of so that environmental degradation does not take place?", the top court had said while considering the Centre's argument for a wider road in light of national security. A day later, on November 11 while reserving that order the court had said: "There is no such defence versus environment argument at all… You have to balance both concerns."
On Tuesday, pronouncing the verdict, the apex court directed the Centre to consider the environmental impact of the project and implement recommendations made by the High-Powered Committee (HPC). Justice Sikri's oversight committee would monitor the project's progress and ensure that recommendations of HPC is implemented. "If any breach takes place, the chairman of the committee can approach this court," the Court said.
"HPC notes that best practices were not adopted in some places. HPC has also noted harm committed in some areas and has suggested remedies for the same and has suggested future action to reduce the impact," the bench said reading out the verdict. The environmental impact of the project cannot be any less important, Justice Chandrachud said, adding that the HPC's recommendations on environmental concerns must be followed.
