CITIZENS FOR GREEN DOON & ORS. versus UNION OF INDIA & ORS.

Citation: [2021] 14 S.C.R. 503 · Decided: 14-12-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

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Judgment (excerpt)

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CITIZENS FOR GREEN DOON & ORS.
v.
 UNION OF INDIA & ORS.
Miscellaneous Application No. 1925 of 2020
In
(Civil Appeal No. 10930 of 2018)
DECEMBER 14, 2021
[DR. DHANANJAYA Y CHANDRACHUD,
SURYA KANT AND VIKRAM NATH, JJ.]
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-
[2021] 14 S.C.R.503
503
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SUPREME COURT REPORTS
[2021] 14 S.C.R.
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
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empowered to declare any road as a national highway and issue
directions for its development

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