Should courts interfere in strategic infra projects? asks SC

The Supreme Court on Tuesday asked whether constitutional courts should interfere in the development of strategic infrastructure as per the requirement of the Armed forces for defence and security of the nation, on the ground of environmental concerns.

Hearing a matter related to roads for 'Char Dham' in Uttarakhand, a bench presided over by Justice D Y Chandrachud noted that the army cannot be airlifted to high altitude border areas, while huge infrastructure was being built on the other side of the border.

The court also made indirect reference to border clashes with Chinese forces.

"We cannot deny the fact that at such a height, the security of the nation is at stake. Can the highest constitutional court say that we will override the 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 bench asked.

The bench, also comprising Justices Surya Kant and Vikram Nath, said if the Centre wanted to widen roads for tourism purposes only, the court could have imposed more stringent conditions.

"But when it is needed to defend the borders, then it is a serious predicament, the court has to encounter," the bench said.

NGO 'Citizens for Green Doon' questioned the Stage-I forest and wildlife clearance granted for improvement and expansion of roads by felling trees.

Attorney General KK Venugopal, appearing for the Centre, submitted that the feeder roads were to be of a certain width to transport men and material. The Union government sought permission to construct the road at 10 meter wide. It had been said that the situation on the ground at the India-China border had changed significantly last year, making it imperative for men and equipment to move swiftly from army stations to the frontier.

The top court had in September 2020 ordered the government to keep the width of the Char Dham road at 5.5 meters in compliance with the central government's own 2018 notification for hilly and mountainous terrains.

The Char Dham highway is a 900-kilometre road project that promises to offer all-weather connectivity to four Hindu pilgrimage centres --- Badrinath, Kedarnath, Gangotri and Yamnotri ----- in Uttarakhand.

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