Can constitutional courts override defence concerns on environmental grounds, SC ponders

The Supreme Court on Tuesday wondered whether constitutional courts can override the concerns of the armed forces, and come in the way of development of strategic infrastructure as per requirement of the army, in the matters raising environmental degradation concerns.

Citing problems with China, the Centre had sought the top court's nod to widen the road leading to the China border in the northern sector of Uttarakhand to 10 metres from 5.5 metres, which was permitted earlier.

Attorney General K.K. Venugopal, representing the Centre, submitted before a bench headed by Justice D.Y. Chandrachud that a tremendous build-up is happening on the Chinese side -- helipads, tankers, missile launchers, railway lines -- and wide roads are required for trucks to carry heavy artillery, rocket launchers, tanks etc.

The AG submitted that the Army is constructing feeder roads to the Chinese border called the green lines and cited that most of the way to places like Taglang La and Kang La pass are 'katcha tracks' (dirt tracks) and there are no proper roads. He added these feeder roads are from Hrishikesh to Gangotri and the Chardham highway project has strategic and operational importance.


The bench, also comprising Justices Surya Kant and Vikram Nath, noted that the court cannot deny the fact that at such a height, the security of the nation is at stake and alluded to recent skirmishes between India and China.

"Can the highest constitutional court say that we will override the defence needs particularly in the face of recent past? Can we say that the environment will triumph over the defence of the nation?" it asked, adding "is it appropriate to say that defence concerns be taken care of so that environmental degradation does not take place?"

The bench told senior advocate Colin Gonsalves, representing the petitioners: "We must tell you our predicament in this. If the Centre says that they are doing it for tourism, then we understand and we can impose more stringent conditions."


But when it is needed to defend the borders, then it is a serious predicament, Justice Chandrachud said.

Gonsalves cited the catastrophic impact of road expansion on young mountains like the Himalayas and added that parliamentary expert committee reports suggest Himalayas may not be able to take the road construction.

The AG argued that there are several projects leading to international borders, which are needed for Army movements and the Army was ignored in this matter, however now its needs must be brought on record.


The top court was hearing a plea filed by NGO 'Citizens for Green Doon' seeking direction to stop felling of trees without clearances on the Ganeshpur-Dehradun Road (NH-72A), which is a part of the Delhi-Dehradun expressway. The hearing in the matter will continue on Wednesday.

In 2018, the Centre's notification said that the road width cannot exceed 5.5 metres in the hilly terrains like the one through which Chardham project is proposed. In September 2020, the top court directed the government to keep the width of the Chardham road at 5.5 metres. However, in December 2020, this notification was amended.

The Chardham highway is a 900-kilometre road project to provide all-weather connectivity to four Hindu pilgrimage centres in Uttarakhand - IANS