Read Time: 09 minutes
The Supreme Court on Tuesday held the Court cannot override the modalities decided upon by the Army and the Ministry of Defence to safeguard the security of the nation’s borders.
Court is referring to the litigious chain that surrounded the Char Dham Project construction, an ambitious project aiming at widening the roads of nearly 900 kms of the national highways in the State of Uttarakhand which shall act as vital arteries to reach establishments of the Armed forces apart from connecting Hindu shrines located in an area called "Kedarkhand", today, largely known as Garhwal.
A bench of Justices DY Chandrachud, Surya Kant and Vikram Nath have stated that the Top Court cannot intervene in a policy decision of the establishment as neither can it second-guess the infrastructural needs of the Armed Forces, nor can the Court override the modalities decided upon by the Army and the MoD to safeguard the security of the nation’s borders.
The MoD's application had sought a modification of an earlier order of the Top Court so that they be permitted to construct roads as per the subsequent circular which was passed in December 2020 as against the one passed in 2018. The primary contention of the Centre was that the double lane paved shoulder is a must for the nation's security as it allows Army establishments located in the contentious Indo-china border area to be reached smoothly and fast.
While rejecting NGO, Citizens for Green Doon's averments, that the MoD's application is only to subvert and re-litigate the issue, the Court has said that the same are "unfounded" and thrusted upon the MOD’s prerogative to decide on the operational requirements of the Armed Forces.
Court has noted that the operational requirements of the armed forces include infrastructural support needed for facilitating the movement of troops, equipment and machines and the MoD has made its bona fides clear to the Court in this regard, so far as the project is concerned.
After a thorough analysis, the Court has found 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 and 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.
Court has also made reference to a statement made by the Late Chief of Army staff in 2019 in a media interview regarding adequacy for troop movement, adding that it holds little water as of today, in light of the changing needs & concerns of security over time.
While upholding the Centre’s decision to construct Char Dham road project, the Top Court has said that it has come to a conclusion that the need for the 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.
On Sustainable Environmental Development works:
Court has chosen the path of sustainable development and added that the Centre will proceed with the project subject to the condition that it addresses all the concerns which have been raised by the High Powered Committee (HPC) vis-à-vis the environment in the are which is delicate.
An oversight committee which to make sure that the recommendations of the HPC are implemented has also been set up by the Court. It Shall be chaired by Shri Justice Arjan Kumar Sikri, former Judge of the Supreme Court.
"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," the court has said.
It shall also be aided by
(i) A representative of the National Environmental Engineering Research Institute (‘NEERI’) to be nominated by the Director; and
(ii) A representative of the Forest Research Institute, Deemed to be University, Dehradun to be nominated by its Director General.
Case Title: Citizens for green doon Vs. Union of India & Ors.
Please Login or Register
