CITIZENS FOR GREEN DOON & ORS. v. UNION OF INDIA & ORS. Miscellaneous Application No. 1925 of 2020 In

61Copy pinpoint61. Based on the above description, it is evident that the national highways provide vital connections to the establishments of the Armed Forces along the Nelong Axis, Mana Pass, Rimkhim Pass, Niti Pass and Lipulekh Pass. The importance of the requirement of double-laned highways has been emphasized as it is necessary for the movement of trucks, equipment and personnel of the Armed Forces. B

62Copy pinpoint62. The above table also indicates that the MoD does not seek to widen only the three national highways which act as feeder roads. Instead, the roads connecting the national highways from Gangotri, Mana and Pithoragarh to the Army establishments across the border are also in various stages of development and attempts have been made to ensure double-laned highways as far as possible. The MoD has also highlighted that these feeder roads from Rishikesh to Gangotri and Joshimath to Mana were initially included in the Long-Term Roll on Works Plan 2018- 19 to 2022-23 of the BRO. This plan seeks to upgrade the national highways to double lane specifications to meet the operational requirements of the Indian Army. Prior to 2016, these roads were under the purview of the BRO, which is an arm of the MoD. It is only after 2017 that portions of these roads were handed over to PWD and NHIDCL for speedier development, given the expansive works to be undertaken for the Project.

63Copy pinpoint63. At the outset, therefore, we find that there are no mala fides in MA No 2180 of 2020 filed by the MoD. The allegation that the application filed by the MoD seeks to re-litigate the matter or subvert the previous order of this Court are unfounded inasmuch as MoD, as the specialized body of the Government of India, is entitled to decide on the operational requirements of the Armed Forces. These requirements include infrastructural support needed for facilitating the movement of troops, equipment and machines. The bona fides of the MoD are also evident from the fact that the issue of security concerns was raised during the discussions of the HPC and finds mention in the HPC Report. Thus, the MoD has maintained the need for double-laned roads to meet border security concerns.

64Copy pinpoint64. The appellants have referred to a statement made by the Chief of the Army Staff in 2019 in a media interview regarding the adequacy of infrastructure for troop movement. We do not find it necessary to place reliance on a statement made to the media, given the consistent stand of the MoD during the deliberations of the HPC and

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before this Court. The security concerns as assessed by the MoD may change over time. The recent past has thrown up serious challenges to national security. The Armed Forces cannot be held down to a statement made during a media interaction in 2019 as if it were a decree writ in stone. Similarly, the appellants have also raised a challenge to the 2020 MoRTH Circular and have sought a direction that this circular be revoked, on the ground that it recommends the DL-PS standard without application of mind.

65Copy pinpoint65. This Court, in its exercise of judicial review, cannot second- guess the infrastructural needs of the Armed Forces. The appellants would have this Court hold that the need of the Army will be subserved better by disaster resistant roads of a smaller dimension. The submission of the appellants requires the Court to override the modalities decided upon by the Army and the MoD to safeguard the security of the nation’s borders (it is important to remember that the MoRTH issued the 2020 MoRTH Circular based upon the recommendations received from the MoD). The submission of the appellants requires the Court to interrogate the policy choice of the establishment which is entrusted by law with the defence of the nation. This is impermissible.

66Copy pinpoint66. We shall now advert to the position of law regarding the construction of double-laned roads. The 2012 MoRTH Circular stipulated that all national highways were to have a carriageway width of two lanes. While this circular acknowledged that, generally, the carriageway width is dictated by the traffic volume, but in an attempt to ensure smooth flow of traffic, all highways were henceforth to be converted to two lanes with paved shoulders. Thus, according to the 2012 MoRTH Circular, all highways were to conform to the DL-PS standard. F

67Copy pinpoint67. The 2018 MoRTH Circular modified the 2012 version. The Circular of 2018 stipulated that: (i) In hills and mountainous terrains, for areas where the PCUs are in the range of 4,000-8,000 PCUs per day, the carriageway width cannot be of double lane configuration but has to be of G intermediate configuration (i.e., 5m); along with this, adequate passing places with 2.5m width have to be included; (ii) For areas where the PCUs are more than 10,000 per day (or expected to reach that level within 3 to 5 years), the H

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A carriageway width could be of double lane configuration (i.e., 7m); and (iii) Where the traffic is likely to increase “at about more than” 10 per cent per annum, the width could be of DL-PS configuration. B Thus, the 2018 MoRTH Circular did not entirely bar the construction of double-laned highways in hilly and mountainous terrains. It only made the DL-PS standard contingent on the current and projected traffic volume for the road.

68Copy pinpoint68. The 2019 IRC Guidelines, in relation to the width of carriageway for national highways, provided that that DL-PS standard should be adopted. More specifically, the 2019 IRC Guidelines dealt with national highways in hills and mountainous terrain that serve as strategic roads and border roads for military and paramilitary operations. It provided that such roads should be constructed with not less than a two lane carriageway with a paved shoulder on the hill side and an earthen shoulder on the valley side. The relevant clause is reproduced below: “6.2.2 Width of carriageway, shoulders and roadway for various categories of roads are given in Table 6.2. Table 6.2 Widths of Carriageway, Shoulder and Roadway E […] Notes: […]

6. On roads subject to heavy snow fall, where snow clearance is F done over long periods, roadway width may be increased by 1.5 m. However, the requirement of such widening may be examined with reference to ground conditions in each case considering terrain traffic and other influencing conditions and factors. […] G

8. Strategic and border roads for military/paramilitary/ security forces operations/movements shall be constructed for not less than two lane carriageway alongwith paved shoulder on hill side + paved and earthen shoulder on valley side on same lines of national highway.” H (emphasis supplied)

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69Copy pinpoint69. Given the lack of clarity on this issue in the MoRTH circulars, the 2020 MoRTH Circular was brought in. The Circular of 2020 reiterates the 2019 IRC Guidelines and states that roads in hilly and mountainous terrain, which act as feeder roads to the Indo-China border should be of DL-PS standard, with a 7m carriageway and 1.5m paved shoulder.

70Copy pinpoint70. Neither the 2012 nor the 2018 MoRTH Circulars specifically addressed the issue of strategic border roads. The considerations for development of national highways in plains and in hilly and mountainous regions are not identical. Similarly, the considerations governing the construction of highways that are strategic roads from a defence perspective, and may be used by the Armed Forces of the nation, cannot be the same as those for other roads in hilly and mountainous regions. C We must therefore arrive at a delicate balance of environmental considerations such that they do not impede infrastructural development, specifically in areas of strategic importance crucial to the security of the nation.

71Copy pinpoint71. Based on the above analysis, we find that the need for the D 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 MoD. This is reinforced by the fact that the roads beyond the highways in the Project, beyond Gangotri, Mana and Pithoragarh are being developed by the MoD as double laned highways. E

72Copy pinpoint72. Additionally, the current status of works for the three highways in question is as follows:

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G

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A From the above tabulated statement which has been provided by the MoD, it appears that more than 50 per cent of the hill cutting has already been completed in each of these national highways, and over 50 per cent of double-laning has been completed on NH-58 and NH-125. In view of this, 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 and will, in fact, prolong the movement of troops and equipment.

73Copy pinpoint73. We shall now turn to the findings and recommendations of the HPC regarding the issue of road-width. As reflected by this Court’s order dated 8 August 2019, the HPC comprised of representatives from governmental bodies, including the MoD who could highlight the requirements of border roads. The broad terms of reference of the HPC were as follows: (i) To consider the cumulative and independent impact of the Project on the entire Himalayan valleys; D (ii) To consider whether revision of the full Project (about 900 kms) should at all take place with a view to minimize the adverse impact of the Project on the environment and social life;

E (iii) To identify the sites in which work (i.e., hill-cutting) has started and the stretches in which the work has not yet started. As far as the sites in which work has started, the HPC was to recommend the measures which are required for stabilizing the area where hill-cutting has taken place, including the environmentally safe disposal of muck which has been generated so that it does not adversely affect the flora and fauna of the catchment area of the river; (iv) As regards the stretches where work has not started, the HPC was to review the proposed project and recommend measures which would minimize the adverse impact on the environment and social life; bring the project in conformity with the steep valley terrain and carrying capacity and avoid triggering new landslides; and ensuring conservation and protection of sensitive Himalayan valleys; (v) To assess environmental degradation in terms of loss of forest land, trees, green cover, water resources, dumping of muck

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and impacts on the wildlife and direct mitigation measures; and (vi) To asses and quantify the impact on social infrastructure/ public-life due to triggering of fresh landslides, air pollution, frequent road blocks, et al, and suggest measures for redressal, including preparation of disaster management plans prior to the onset of the monsoon.

74Copy pinpoint74. While the HPC was empowered to assess the environmental and social impact of the Project, it was not competent to address, assess or review the security needs of the nation. The work of the HPC was limited to giving recommendations to improve the Project in terms of its environmental impact and to suggest mitigation strategies to implement the Project. The competing interests that the HPC had to evaluate were environmental concerns as against infrastructural development, the primary reason of which in this Project was focused on increasing tourism, providing an impetus to the economy, and ease of transportation for undertaking the Char Dham pilgrimage. Balancing the interests of defence as against environmental considerations was outside the ambit of the HPC.

75Copy pinpoint75. Be that as it may, the HPC Report does highlight that certain highways (NH-94, 108, 58 and 125) form the feeder roads to border locations in the districts of Uttarkashi, Chamoli and Pithoragarh. An E extract of the relevant portion of the HPC Report is reproduced below 53: “Roads beyond Joshimath and Uttarkashi are operationally very sensitive as they fall within 100 Km of the LAC. The border terrain lies in high altitude, snow bound regions. Indian Army and ITBP units maintain continuous vigil on the borders and important passes. To ensure better national security, the Government of India has given impetus for the development of double lane roads towards the border. Roads beyond Bhaironghati and Mana are already double-laned but the important feeder roads Helong-Mana and Barethi-Gangotri are generally single lane (except some intermittent stretches which are improved to two lane) with steep gradients, sharp curves, narrow hairpin bends, avalanche prone locations and weak bridges which pose major challenges to vehicle movements in these areas. The single lane roads get closed due 53 HPC Report, pages 82-83 H

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A to snow accumulation and hinder the movement of soldiers even by foot for provisions of logistic and medical aid.” Bearing the above observations in mind, a majority of the members of the HPC recommended the adoption of the DL-PS standard as road- width for the Project. This opinion was reiterated in HPC Report II, B which considered the MA No 2180 of 2020 filed by the MoD.

76Copy pinpoint76. We find ourselves to be in agreement with this finding of the HPC. Based on the above reasons, we modify the order of this Court dated 8 September 2020 to the extent that the national highways from Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh C be developed according to the double-lane carriageway width with paved shoulder standard as provided in the 2020 MoRTH Circular.

77Copy pinpoint77. An ancillary issue regarding the width of the roads of the Project, apart from the above highways which are strategic feeder roads to border areas, is regarding the interpretation of the order dated 8 D September 2020. This Court in its order held that: “We have perused the conclusion and recommendations of the report, in particular, from pages 90-93 in Part I. We are of the view that it is correct that the 2018 MORTH circular should apply for the reasons given at page 93 of the report. E Consequently, the 2018 circular alone will apply. The other directions that were issued by us on 08.08.2019 must be strictly complied with, including the holding of quarterly meetings to ensure timely and proper compliance of the recommendations. Shri Tushar Mehta, learned Solicitor General, persisted with his arguments that the 2018 circular is only prospective in nature. We are well aware of the distinction between something which is retrospective in the sense that it applies for the first time to projects which are already completed as opposed to ongoing projects, where it is necessary to take stock of the current situation and then move forward. Having taken stock of the current situation and of the fragility generally of the eco system in mountain terrain, we are of the view that this argument has no legs to stand on.” (emphasis supplied)

78Copy pinpoint78. One of the arguments raised by the appellants in their MA 1925 of 2020 is that pursuant to this order, MoRTH has stated that the H

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order will only be implemented for the 13 projects which have not been sanctioned and where work has not been initiated. In its affidavit dated 15 February 2021, MoRTH has stated: “3. […] showing the status of road construction work in the Chardham Pariyojna which would show that in almost every sanctioned project of the Chardham Pariyojna, hill cutting has been carried out at various stretches as the old formation width of 12 mts, leaving unfinished stretches in between. It is submitted that in a particular sanctioned project, due to operational difficulties, hill cutting and laying down of a tarred road is often not carried out simultaneously and/or in linear form. Thus, reducing the width of the road to 5.5 mts in the those unfinished stretches at this stage would cause a serious road safety hazard. The details of the same is also reproduced hereinbelow:

D

E

F

4. It is further stated that out of the total length of 825 kms of the Chardham pariyojna, only 151 Kms consist of non-strategic roads, G whereas the rest of the pariyojna having a length of 674 Kms have immense strategic importance being feeder roads to the Indo- china border roads under the control of Ministry of [D]efence. The details of the same are also reproduced hereinbelow: H

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A

B

79Copy pinpoint79. The order of this Court dated 8 September 2020 clarified that the 2018 MoRTH Circular will hold the field, regardless of whether works on a highway had been completed or were ongoing. By allowing the MA filed by the MoD for modification of this order, we have permitted the widening of the national highways from Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh, which are strategic feeder roads D to border areas. To this extent, the order dated 8 September 2020 will stand modified. However, we grant liberty to the respondents to pursue appropriate legal proceedings and seek reliefs in the event that it is necessary to implement the DL-PS standard for the entire Project. F.1 Environmental Issues E

80Copy pinpoint80. While we have permitted the UOI and MoD to apply a DL-PS configuration to the highways mentioned in MA No 2180 of 2020, it is not the end of this matter. There may have been a disagreement between the members of the HPC in relation to the road-width issue but they unanimously agreed on other environmental issues in the manner in which the Project was being implemented by MoRTH. Some of these issues have also been pointed out by the appellants in MA No 1925 of 2020 and their affidavits thereafter, often based upon news reports in relation to the Project. We shall first note these issues as flagged by the HPC, consider their recommendations and based on that, we will issue directions to MoRTH and MoD. F.2.1 HPC Report dated 13 July 2020

81Copy pinpoint81. The environmental and social concerns arising from the Project have been dealt with in Chapter III-XI of the HPC Report, along with the recommendations and conclusions in Chapter XII. Apart from Chapter H

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II on the issue of road-width as provided in Section F.1.1 above, the findings of the HPC on all other issues have been unanimous.

82Copy pinpoint82. Chapter III of the HPC Report deals with hill cutting and highlights that slope instability is one of the most frequent disasters in mountains. Hill cutting in the Himalayas is also a major reason for landslides and rockfalls. During field visits, the HPC observed that there were large stretches of hill-cutting with steep slopes and no protection measures, no slope drainage measures had been taken, the debris was falling downhill, further destabilizing the slope. The HPC recommended the following measures which could be adopted to mitigate the damage and prevent landslides: C (i) In many locations, hill-cutting can be avoided by filling material on the valley side to widen the road; (ii) Sufficient vulnerability analysis must be conducted before further hill-cutting and plans for maintenance of slopes must be made; D (iii) Roadside drainage measures and protection against toe- erosion must be undertaken; (iv) In case of near vertical to vertical cutting, a breast wall may be erected to avoid landslides; and E (v) Damaged gabion structures must be repaired through back- filling, et al.

83Copy pinpoint83. Chapter IV of the HPC Report concerns the 20 bypasses, realignments and tunnel projects that have been proposed for some segments of the national highways as they are geologically unstable or in congested passages. The HPC observed that geological infirmities and the felling of deodar and oak trees are a critical issue in these bypasses. It recommended that feasibility studies may be conducted for some of the bypasses, along with their impact on local area residents.

84Copy pinpoint84. Chapter V of the HPC Reports concerns a critical area of the Project – muck dumping. Muck-dumping or muck management requires safe disposal of the muck generated due to the material excavated, tunneled, and dislodged. Within the Project, 435 muck-dumping sites have been identified for the 53 projects. However, the following issues were identified by the HPC in relation to muck-disposal: H

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A (i) Most of these projects do not have adequate muck dumping capacity. In 5 out of the 7 packages, the authorized muck dumping capacity is below the muck volumes anticipated. In one-third of the projects, the expected generation of muck is more than the carrying capacity of the sites; B (ii) Most of the muck dumping sites are located in gorges or natural drains, along the concave sections of rivers, in or adjacent to forests, near agricultural fields or habitations which may not have been authorized; (iii) There are many large and tall sites, with high slope angles but attempts to stabilize them have not been made; and (iv) There is no financial provision for environmentally safe disposal of muck and no guidelines have been provided by MoRTH to the EPC Contractors regarding its proper management, leading to variations in selection of sites and adoption of environmentally safe disposal practices by contractors, who also dump it on private land on request.

85Copy pinpoint85. For adequate disposal of muck, the HPC recommended the following measures to be taken: (i) Muck dumping should generally be located downwind of habitation; (ii) Topsoil should be kept separately in a proper manner for later use in rehabilitating muck disposal; (iii) A large quantity of boulders (locally available) should be checked for their mechanical properties and used appropriately; (iv) Before muck is dumped at identified locations and construction of protection measures, it should be ensured that the substratum has enough shear strength to sustain the load without creating a slip hazard. The gabion/protection walls should preferably be constructed along the contours for better stability and above the highest flood level at a safe distance; (v) Muck dumping sites should not be located on the concave side of river meanders. Gorges and natural drainage also need to be avoided; H

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(vi) Plantation of locally available plant species should be preferred for rehabilitation of dump sites along with help from local people and forest department; (vii) MoRTH and the implementing agencies must immediately coordinate with district authorities to acquire additional muck dumping sites and necessary clearances to ensure that muck generation equals carrying capacities of muck dumping sites; (viii)Capacities of sites fully utilized must be stabilized at the earliest, preferably before the onset of the rainy season; (ix) Muck which has fallen on roads after landslides must not be pushed down slope; and C

(x) All natural drains/streams blocked with dumped muck should be cleared before the monsoons.

87Copy pinpoint87. Chapter VI of the HPC Report deals with the environment quality of the Project, which can be divided into short-term and long- D term impacts. Short-term impacts occur due to road construction activities like land clearing, ground excavation and cut and fill operations, and are visible in the vicinity of the construction activity. Meanwhile, long-term impacts include climate warming due to soil organic carbon loss as a result of road construction and traffic problems. During their field visits, the HPC were unable to assess the impact of the project on the E environmental quality due to stoppage of work prior to the visit. However, it observed dust pollution where debris had not been cleared from the road. The HPC also identified long-term impacts such as vehicular pollution, black soot emission, soil erosion from hill-cutting and muck- dumping and soil organic carbon loss, due to the Project. F

87. On the basis of its observations, the HPC made the following recommendations: (i) Reliable data should be obtained to formulate strategies to control pollution during the construction phase effectively; (ii) Continuous air quality monitoring stations must be placed at G each of the Char Dham locations; (iii) A reduction in diesel and petrol vehicles is warranted in view of the ecological sensitivity of the Higher Himalayas; and

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A (iv) Robust stabilization measures are needed in the Lesser Himalayas and the Shivaliks to conserve their vast forests and SOC, as they are major carbon sinks.

88Copy pinpoint88. Chapter VII of the HPC Report deals with the loss of forests, trees and green cover. Cutting of mountain slopes to widen roads leads B to a reduction in the green cover in the State. A total area of 689.23 hectares has been diverted from forest land for the Project. This loss of green cover leads to a loss of riverine vegetation, top soil, wildlife habitats, ecosystem services, et al. To redress the loss of forest cover, the Uttarakhand Forest Department raised a plantation as part of the Compensatory Afforestation program. In addition to this, a Draft Action C Plan focusing on afforestation on degraded waste land and forest land along the national highways, restoration of muck disposal, soil conservation works, rejuvenation of existing water resources, and landscaping has also been proposed. The HPC has also recommended the following measures to be taken: D (i) Felling of deodar trees should be avoided; (ii) Road-width in dense forest patches may be reduced; (iii) In stretches that are yet to be widened, the top soil must be separately stored from the remaining muck to facilitate E regeneration; (iv) Regeneration of riverine vegetation should be included in the Draft Action Plan; and (v) The Net Present Value rates of forests needs to be revised.

89Copy pinpoint89. Chapter VIII of the HPC Report discusses the impact of the F Project on wildlife habitats. The Project lies close to the wildlife protected areas of Gangotri National Park, Kedarnath Wildlife Sanctuary, Govind National Park and Wildlife Sanctuary and Rajaji National Park. These protected areas have four highly endangered species – snow leopard, Tibetan Argali, Eurasian lynx, Himalayan brown bear and Western G Tragopan. Other threatened species include the Asiatic black bear, Tibetan wolf, Himalayan musk deer, pheasant and Cheer pheasant. The Alaknanda and Bhagirathi river basins also host a wide range of habitats.

90Copy pinpoint90. During the field visits, the HPC observed that improper muck management resulted in destruction of vegetation cover, which has H

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threatened aquatic habitats. Accordingly, it recommended the following A measures: (i) Safe wildlife passage should be maintained and included in road building; (ii) Gentle slopes shoulders on either side of the road, particularly around sharp bends/blind curves should be avoided. Box- B type pre-fabricated culverts could be used by wildlife; (iii) A comprehensive study of the carrying capacities of the uppermost stretches of the Project and the wildlife movement should be conducted; C (iv) Opening of Char Dham locations in the winter season should be considered only after a thorough wildlife impact study; (v) Road widening work on NH-109, NH-94, NH-94/134 and NH-07/58, which are located in the eco-sensitive zones, should be conducted after due approvals; and D (vi) Deterrent action must be taken against unauthorized muck dumps and compensatory afforestation should be carried out.

91Copy pinpoint91. Chapter IX of the HPC Report, titled ‘Managing Mountain Water Courses’ pertains to the management of springs, streams and surface drainage. The HPC observed that there was poor management of subsurface flows at many locations due to improper structures. In places where perennial flow of water is there, toe drains had not been constructed. Further, due to the huge quantity of muck generated because of the cut and dump method and disposal into water courses, the water has been deemed unfit for human consumption. Accordingly, the HPC recommended that: (i) Culvert design should be based on hydrological investigation in order to avoid under designing or over designing of the structure; G (ii) Immediate action be taken to clear all natural drains/streams blocked with muck dumping; (iii) The perennial streams should be managed properly by constructing adequate structures; H

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A (iv) A diversion drain should be provided above the head of the hill cut area to safely drain out the water away from the unstable or landslide prone areas; (v) Toe drains or catch-drains must be provided on the uphill side of a road and connected to a culvert or a main drain to dispose of the water into a natural valley. Additionally, a breast wall or a toe wall should be provided to prevent blockage of toe drains by accumulation of fallen over burden soil/boulders from the uphill slope; and (vi) There must be safe disposal of heavy runoff and debris through discharge channels/gullies.

92Copy pinpoint92. Chapter X of the HPC Report concerns the disaster management measures that must be taken to prevent any disasters owing to the infrastructure activity from the Project. These disasters include natural hazards such as slope failures, flash floods, avalanches, forest fires; engineering hazards when poor quality protection measures are taken; and mass tourist hazards. The significant disaster in the Project has been due to the vulnerability of slopes. One of the main reasons for this occurrence is muck-dumping which results in landslides, toe-erosions and other consequences. Further, no effort has been made to stabilize the slopes already cut. Additionally, in a number of locations, such as at E Badrinath, the carrying capacity (that is the number of biological species that can survive in a particular environment) has been reached. In view of this, the HPC recommended the following measures: (i) A comprehensive study regarding the carrying capacity at various locations in the Project must be conducted; F (ii) Given the large number of tourists, Char Dham Early Warning System Network, connecting all villages, should be developed such that timely action can be taken in case of a disaster; (iii) A survey of vulnerable muck dumping sites must be G undertaken, natural streams must be cleared, slope protection measures should be taken; (iv) Climate vulnerability risk assessment must be conducted; and H

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(v) Protective measures such as well-constructed breast walls, retaining walls, soil nailing, geotextiles sheathing, negative slopes and half-tunnels in hard rock areas should be observed.

93Copy pinpoint93. Chapter XI of the HPC Report focusses on socio-cultural perspectives. During the field visits, the HPC members observed that there was broad support for the Project as it would economically benefit the people of the State. However, some of the issues that have not been addressed are the lack of footpaths for the traditional padyatra or pilgrimage, impact on traditional forest conservation methods, loss of livelihoods due to hill-cutting without adequate safeguards, increase in threat to lives and agriculture in case of heavy rainfall or cloud burst, and damage to schools and infrastructure due to slope failures.

94Copy pinpoint94. Based on these concerns, the HPC, inter alia, recommended the following: (i) Project authorities should initiate formal mechanisms to facilitate dialogue and receive feedback and grievances from the local community; (ii) A comfortable pathway for the pilgrims must be constructed; and (iii) Conservation of traditions should be encouraged. E

95Copy pinpoint95. In Chapter XII of the HPC Report, the HPC summarized the conclusions and recommendations made in each of the preceding chapters. F.2.2 Analysis of the Environmental Issues F

96Copy pinpoint96. The analysis conducted by the HPC in the unanimous segment of its report is not only comprehensive, but it is based upon empirical and scientific data. The HPC took time to visit all project sites, and individually identified a variety of issues with them. While these have been divided into chapters in the HPC Report (as noted in Section F.2.1), the underlying themes of all them are evident: G

(i) In many instances, MoRTH has gone ahead with the Project based on its assertions that the Project is compatible with environmental guidelines or that its developmental benefits are proportionate to the harm. However, to reality-test these H

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A assertions, the HPC has recommended that the State carry out relevant studies to ascertain the true reality (such as for creation of bypasses, maintenance of environmental quality, protection of wildlife habitats and disaster management preparedness); B (ii) The HPC Report also notes that best-practices are not being followed in some areas of concern (such as hill cutting or muck dumping). It has thus recommended best practices for the MoRTH to implement; (iii) In other areas of concern, the HPC has noted the harms which have already been caused due to the Project, has recommended remedial measures (such as protection of wildlife habitats (especially in context of ecologically- sensitive zones) and maintenance of water resources) and has also suggested future action to reduce its effects (such as for hill cutting, muck dumping and protection of forest cover); (iv) For some areas, the HPC has highlighted that constant monitoring by the MoRTH would be required and necessary systems should be set up (such as for maintenance of environmental quality and for disaster management preparedness); and (v) The HPC has also noted the Project’s effect on socio- cultural communities, and has mandated MoRTH to create avenues for dialogue through which concerns can be understood and resolved. F

97Copy pinpoint97. The verdict of the HPC in its report indicates that the Project is riddled with environmental issues, which need to be resolved in order to make it environmentally sustainable. Unfortunately, due to the ongoing litigation in relation to the road-width issue, these concerns seem to have taken a back seat. However, that cannot be the case, going forward. G

98Copy pinpoint98. The Attorney General has informed the Court that MoRTH and MoD are presently undertaking measures to address the concerns raised by the HPC, which have been noted in paragraphs 18(iv) and (v) of our judgment. While we appreciate the measures which have been initiated, they are limited in scope and have been late in coming. In H

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comparison to the issues which have been raised by the HPC in its A Report, the measures adopted have only begun to scratch the surface. Indeed, they do not address crucial issues such as muck disposal, which not only affects the environment directly but also causes issues for wildlife and availability of water resources. Even the remedial measures in relation to hill-cutting and landslides have been tardy and limited and, from the submissions, seem to have been limited only to the roads which are the subject matter of the MoD’s MA No 2180 of 2020, which only concerns the roads which are of strategic importance to India’s national security. However, it is important to remember that the Project consists of 53 individual projects, not all of which are such roads. However, that does not mean that the environmental effect on these roads and their surroundings will be any less important and does not need to be remedied. The State has tried to justify the efficacy of its current measures solely by noting their benefits directly to the Armed Forces. Indeed, while that is a crucial factor (as this judgment acknowledges in Section F.1.3), it is not the only thing at stake in a Project of this scale, which was conceived to provide a more efficient route for those undertaking the Char Dham pilgrimage. What is at stake in this Project is also the health of the environment, and its effects on all individuals who inhabit the area.

99Copy pinpoint99. It is thus important that there must be a significant alteration in the approach to this Project by adopting sustainable measures. Piecemeal implementation of some mitigation measures for protection of the environment, without any concrete strategy in place, cannot pass muster. While we have granted our approval to the DL-PS configuration for the roads mentioned in MoD’s MA No 2180 of 2020, it is made conditional upon MoRTH and MoD implementing the recommendations made by the HPC, which have been outlined by this Court in Section F F.2.1. These recommendations are unanimous. A majority of the members of the HPC comprised of government officials and experts. In line with the HPC’s recommendations, there has to be an assessment of the nature of the problem by obtaining actual data through relevant studies for all individual projects. Specific mitigation measures then should be implemented for all projects, keeping in mind their unique concerns. In G doing so, the general recommendations issued by the HPC should form the baseline, i.e., they should be implemented at the very least, along with anything over and above that is deemed necessary based on the studies so conducted. H

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100Copy pinpoint100. More than anything else, this requires a concerned shift in the approach which has been adopted till date. Making the Project environmentally compliant should not be seen a “checkbox” to be obtained on the path to development, but rather as the path to sustained development itself. Thus, the measures adopted have to be well thought out and should actually address the specific concerns associated with the Project. Understandably, this may make the Project costlier, but that cannot be a valid justification to not operate within the framework of the environmental rule of law and sustainable development. In its bid to make theproject more environmentally conscious, it is also imperative that the MoRTH and MoD be transparent in the measures they adopt, in order for them to be held publicly accountable by spirited citizens. Thus, we direct that the MoRTH and MoD can proceed with the Project subject to the condition that it addresses all the concerns which have been raised by the HPC and enumerated by this Court in Section F.2.1 of this judgment, through the recommendations mentioned accompanying these concerns (in paragraphs 82, 83, 85, 87, 88, 90, 91, 92 and 94 of this judgment). A Conclusion

101Copy pinpoint101. We thus allow MoD’s MA No 2180 of 2020 by permitting the DL-PS configuration for the three strategic highways in respect of which relief has been claimed. At the same time, we have also taken note of the environmental concerns which have been raised by the HPC for the entirety of the Project. We have noted the HPC’s unanimous recommendations for taking remedial measures and direct that they have to be implemented by the MoRTH and MoD, going forward. These specific recommendations have been mentioned in Section F.2.1 and are not being repeated here for the sake of brevity.

102Copy pinpoint102. Further, in order to ensure implementation of these recommendations, we also set up an ‘Oversight Committee’, which shall report directly to this Court. This Committee shall be chaired by Shri Justice Arjan Kumar Sikri, former Judge of this Court. In order to enable the Chairperson to receive technical assistance, he shall be aided by: (i) A representative of the National Environmental Engineering Research Institute (‘NEERI’) to be nominated by the Director; and

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CITIZENS FOR GREEN DOON v. UNION OF INDIA 571 [DR DHANANJAYA Y CHANDRACHUD, J.]

(ii) A representative of the Forest Research Institute, Deemed A to be University, Dehradun to be nominated by its Director General. The Oversight Committee shall receive all logistical and administrative assistance from the UOI, the Government of Uttarakhand, MoRTH, MoD and MoEF&CC. The Secretary of the Environment and B Forest Department, Uttarakhand shall ensure that logistical assistance is provided to the Committee. MoRTH, MoD and MoEF&CC shall also nominate nodal officers for rendering assistance to the Committee, providing information and co-operating with the work of the Committee. The District Magistrates for the Districts forming a part of the Project shall also provide facilitation and assistance to the Committee. C

103Copy pinpoint103. The objective of this Oversight Committee is not to undertake an environmental analysis of the Project afresh but to assess the implementation of the recommendations already provided by the HPC (which we have noted in Section F.2.1). A formal notification in terms of these directions shall be issued by the UOI within two weeks. Within D four weeks thereafter, MoRTH and MoD shall place before the Committee the steps taken by them to adhere to the HPC’s recommendations, along with a projected timeline for complying with the remaining recommendations. Monthly reports of this nature shall be placed before the Oversight Committee by MoRTH and MoD. The E Oversight Committee shall then report on the progress undertaken to this Court every four months. In case of any issues with the implementation of the recommendations, the Chairperson of the Committee shall be at liberty to approach this Court. The honorarium for the Chairperson and members of the Oversight Committee shall be determined by the Chairperson and the payment shall be disbursed by F MoRTH.

104Copy pinpoint104. We further note that by the order dated 8 August 2019 of this Court, the HPC was tasked with overseeing the implementation of its recommendations and to suggest any further measures which may be required. To avoid any overlap between the scope of work of the HPC G and the Oversight Committee formed above in paragraph 102 and 103, we clarify that the HPC shall continue with its work on overseeing the implementation of its recommendations for the Project, except for the national highways from Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh, which shall now fall under the purview of the H Oversight Committee.

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105Copy pinpoint105. With these directions, we allow MoD’s MA No 2180 of 2020, conditional upon the fulfillment of the conditions outlined above in our judgment and accordingly, MA No 1925 of 2020 is disposed of.

106Copy pinpoint106. Pending application(s), if any, shall stand disposed of.

B Devika Gujral Miscellaneous Application disposed of.

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