E-Paper
Supreme Court gives nod to build road through Rajaji National Park; no commercial vehicles will ply on it
The Supreme Court on Thursday gave the nod for construction of a road cutting through Rajaji National Park on the condition that no commercial vehicles shall ply on this 4.7 kilometre stretch connecting Kotdwar and Haridwar.
The Supreme Court on Thursday gave the nod for construction of a road cutting through Rajaji National Park on the condition that no commercial vehicles shall ply on this 4.7 kilometre stretch connecting Kotdwar and Haridwar.
The Uttarakhand government had approached the top court for vacating a stay imposed by the top court on January 11, 2023 on the road project popularly called the Laldhang Chillarkhal road. The 11-kilometre long road could not be used due to the stay. Besides, 4.7 kilometre stretch of this road cut through the protected forest area serving as a crucial tiger and elephant corridor between Rajaji and Corbett. This road could not be black-topped and hence, was not motorable.
Modifying its 2013 order, the bench headed by Chief Justice of India (CJI) Surya Kant said, “Our previous order is modified granting permission for the state to metal the road, essentially for providing better access and facilities, particularly amenities to people of nearby village areas.”
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, further stated, “We will not permit this road for any commercial purpose. Once an exception is carved out it will be misused as roaring trucks and dumpers will pass through the forest even in the night.”
The state represented by advocate Abhishek Atrey informed the bench that the road project has received the approval from the National Board of Wildlife (NBWL), the National Tiger Conservation Authority (NTCA), the ministry of environment forests and climate change (MoEFCC) and the expert body of CEC.
Atrey said that the CEC in its report permitted the road with certain conditions, of which one was to permit 150 vehicles only in a day. He showed the map of the area to suggest that the construction of the road will considerably cut travel time. According to him, if commercial vehicles are not allowed, the only alternate route will require them to travel an additional 65 kilometres.
The bench said, “For environment sake, they must take the alternate route,” as it ordered, “Regardless of the length or time it may consume, commercial vehicles will be allowed to operate through the alternate road. To this extent, the application is allowed.”
The court was also critical of CEC allowing 150 vehicles to pass through a protected forest zone. It said, “Why did the CEC permit commercial utilisation of the road. Have some conscience before you permit this. You beautifully say, the state must ensure 150 vehicles only.”
Atrey pointed out that the road will benefit about 18 villages who do not have motorable road access. His plea was supported by an application moved by Lok Sabha’s Garhwal MP Anil Baluni who was represented by senior advocate Bansuri Swaraj. She informed the court that part of the road is elevated along a 400-metre stretch to facilitate movement of wild animals.
The bench agreed that villagers are entitled to get a road as it observed, “Every villager is entitled to road facility. But in the name of providing access to few villages, if you want to provide a commercial road, that we will not permit.”
The amicus curiae assisting the court, senior advocate K Parmeshwar pointed out that seen from the aspect of accessibility, state transport buses which serve as the sole public mode of commutation for the villagers should be permitted. The court directed the state to list out measures to be taken to prevent use by commercial vehicles. It further asked the CEC along with amicus to examine the same on the next date of hearing.
The road cuts through the buffer zone of Rajaji National Park, home to tigers, elephants, cheetahs and bears. The 4.7 kilometre stretch falls between Chamaria and Siggadi Sot. The NTCA, NBWL and MoFCC had suggested mitigation measures for the project to which the state had objected. The bench refused to permit these objections while permitting the road construction.
