No Relief Yet For NHAI: Madhya Pradesh High Court Extends Ban On Highway Project Through Wildlife Passage

The Madhya Pradesh High Court has continued its interim restraint on the National Highways Authority of India (NHAI) from carrying out road widening work through a crucial wildlife corridor between the Satpura and Melghat Tiger Reserves, emphasizing the need to safeguard ecological balance while assessing compliance with statutory requirements under wildlife protection laws.

The order came by a division bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf in an application filed by the NHAI seeking vacation of an earlier stay granted on April 1, 2022. The earlier order had categorically restrained the authority from undertaking any activity on National Highway-46 (earlier NH-69) passing through the sensitive corridor, noting that such work was being conducted without mandatory permissions from competent wildlife authorities.

At the hearing, counsel appearing for the NHAI relied on recommendations purportedly issued by the National Tiger Conservation Authority and the National Board for Wildlife to justify the continuation of the project. The court, however, found it necessary to scrutinize these recommendations more closely before taking any final call on vacating the interim protection.

The bench recorded that the recommendations indicate the development of an additional wildlife corridor spanning approximately 1.2 kilometers and 500 meters within a 16-kilometer stretch, intended to facilitate the safe movement of animals across the highway. However, the court expressed concern that mere reliance on such recommendations, without a comprehensive explanation of their implementation and impact, would not suffice to override the environmental concerns that led to the original restraint.

Significantly, the court directed both the National Tiger Conservation Authority and the National Board for Wildlife to assist in explaining the “integrated landscape management plan” proposed for the area. The Bench observed that a deeper understanding of how the project would ensure that “the wild life passage is not disturbed in a matter to impede the free movement of wild life” was essential before any relaxation of the earlier order could be considered.

To this end, the court has directed that a responsible officer from the concerned authorities remain present on the next date of hearing to provide clarity on the proposed safeguards and mitigation measures. The matter has been listed for further consideration on April 7, 2026, with the interim order explicitly directed to continue.

The litigation traces back to a writ petition filed by Advait Keole, wherein it was alleged that the NHAI had commenced road widening activities without obtaining the mandatory approvals from the National Board for Wildlife and the National Tiger Conservation Authority, as required under Section 38-O(1)(g) of the Wild Life (Protection) Act, 1972. The Court, in its 2022 order, had taken serious note of the absence of such permissions, observing that the work undertaken in the ecologically sensitive corridor was “illegal” and warranted immediate stoppage.

The earlier Bench had remarked that it was “rather unfortunate” that a statutory authority like the NHAI was proceeding “without due authority of law,” and had held that it was “wholly just and necessary to stop the said work” in view of non-compliance with mandatory legal requirements.

The matter will be heard next on April 7, 2026.

Case Title: Advait Keole v. Union of India and Others

Date of Order: March 23, 2026

Bench: Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf