SC clears widening of Char Dham roads

Satya Prakash

Tribune News Service

New Delhi, December 14

The Supreme Court on Tuesday allowed construction of all-weather 10-metre-wide roads spanning 900 km under the Char Dham Highways Project in Uttarakhand in view of their strategic importance for the armed forces and the recent developments along the Line of Actual Control with China.

Strategic link

• The SC says it can’t ‘second-guess’ the infrastructural needs of the armed forces
• Considerations for the project can’t be the same as those for other hilly roads, it maintains
• Calls for balance in areas of strategic importance crucial to the security of the nation

“This court, in its exercise of judicial review, cannot second-guess the infrastructural needs of the armed forces… The recent past has thrown up serious challenges to national security,” a Bench led by Justice DY Chandrachud said.

It said the considerations governing the construction of highways that were strategic roads from a defence perspective, and may be used by the armed forces, couldn’t be the same as those for other roads in mountainous regions.

“We must, therefore, 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,” it said.

Highlighting environmental concerns, petitioner Citizens for Green Doon had contended that the need of the Army will be subserved better by disaster-resistant roads that the court should override the modalities decided upon by the Army and the MoD to safeguard the security of the nation’s borders. “The submission of the appellants requires the court to interrogate the policy choice of the establishment, which is entrusted by law with the defence of the nation. This is impermissible,” the Bench said.

Taking note of the environmental concerns raised by the HPC for the entirety of the project in its unanimous recommendations, the Bench set up a panel headed by Justice AK Sikri (retd).