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Govt asks SC to accept panel’s majority view on wider road for Char Dham highway project

In its report to the SC, the high-powered committee presented a divided opinion with the majority in favour of the wider roads on the Char Dham route, considering the strategic requirement and snow removal needs.

Updated on: Jan 18, 2021, 04:24:09 IST
By , New Delhi
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The ministry of road transport and highways (MoRTH) has urged the Supreme Court to accept the majority view of the high-powered committee (HPC), which has favoured a 10-metre road width for the Rs.12,000-crore Char Dham highway project.

The affidavit has been filed before a bench, headed by justice Rohinton F Nariman, which will take up the MoRTH’s plea on Monday. (Amal KS/HT PHOTO)
The affidavit has been filed before a bench, headed by justice Rohinton F Nariman, which will take up the MoRTH’s plea on Monday. (Amal KS/HT PHOTO)

In its affidavit, the ministry has pointed out that 21 out of 26 members of the court-appointed HPC have been in favour of the wider road to ease movement of military forces along the Indo-China border areas, and to ensure better amenities for local communities.

The MoRTH, expressing its acceptance of the majority view, has also agreed that HPC should monitor the Char Dham road project, aimed at improving connectivity to the Hindu pilgrimage sites of Yamunotri, Gangotri, Kedarnath and Badrinath.

The affidavit has been filed before a bench, headed by justice Rohinton F Nariman, which will take up the MoRTH’s plea on Monday. The top court had in September 2020 ordered that the road width on the entire Char Dham route cannot be more than 5.5 m in view of MoRTH’s own circular in 2018.

Subsequently, MoRTH as well as the ministry of defence (MoD) sought a modification of this order, citing security concerns amid tensions along the Indo-China border.

While these circulars restricted the widening of roads in hilly and mountainous terrains based on the number of vehicles plying every day, the MoD emphasised that aspects relating to movement of troops and artillery were overlooked.

Subsequently, the bench referred this issue to the HPC for making suitable recommendations to the court. The HPC submitted its report in two parts – the majority repot and minority report, dated December 31, 2020.

Meanwhile, by a fresh circular on December 15, 2020, MoRTH also amended its previous circular and increased the road width in hilly and mountainous terrains along the Indo-China border to 10 m.

In its report to the SC, the high-powered committee presented a divided opinion with the majority in favour of the wider roads on the Char Dham route, considering the strategic requirement and snow removal needs. The majority report also took into account the state government’s focus on reversing the migration in border areas by providing ample livelihood opportunities and ease of transportation, and said that the latest MoRTH circular on wider roads should be accepted.

The majority report added it is not “feasible” to revisit the entire project where work is already completed and reduce the road width from 10 m to 5.5 m, underlining that it was “impractical” to reclaim the already tarred road because it will not be possible to grow trees on the excavated parts.

“Road width may be kept as approved for Char Dham with flexibility as per site conditions, considering the prior, during and post vulnerability of the terrain in the design, instead of restricting the road width,” stated the majority report, adding landslides may have no direct connection with road cutting and constructions.

The minority group comprised high-powered committee chairman Ravi Chopra, who is a noted environmentalist, and two other members, however, expressed their dissent and maintained that the road width should be restricted to 5.5 m.

  • Utkarsh Anand
    ABOUT THE AUTHOR
    Utkarsh Anand

    Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.Read More