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Supreme Court on Tuesday allowed the Centre to construct double lane paved shoulder (DLPS) for Chardham road project, stating that it cannot second guess needs of the armed forced. 
A bench led by Justice DY Chandrachud said that it is of strategic importance for armed forces, keeping in mind the recent developments in the Indo-China border.

A bench also consisting of Justice Surya Kant and Justice Vikram Nath stated that it is wary of the Environmental concerns and that an oversight committee headed by Justice Retd Sikri, which will directly report to this court regarding the same.

Background:

The government of India in 2016 announced a project called Char Dham Pariyojna which will upgrade and develop the road which connects all four 'Dhams' i.e Gangotri, Yamunotri, Kedarnath and Badrinath and seeks to make the Hindu pilgrimage accessible vide a 900-km road.

An NGO called Citizens for Green Dhoon approached the National Green Tribunal challenging that the project will adversely impact the environment as the project entails the widening of existing Char Dham project roads of 900 kms that passes through 4 districts. It was contended that the entire Char Dham project falls in the catchment are and cutting of thousands of trees, excavation of hills and dumping of muck will impact the Himalayas adversely.

The NGT while dismissing the application held that a statutory Environment Impact Assessment (EIA) was not required and that a rapid EIA and a preparation of Environment Management Plan was necessary. The NGT also formulated a committee with Justice U Dayani as its head to monitor the environmental safeguard and execution of the project.

Aggrieved by this order, the NGO filed an appeal against the order in the Supreme Court. A Supreme Court bench of Justices Rohinton Nariman (now retired) and Surya Kant vide an order dated 8th August 2019 appointed a High Powered Committee (HPC) headed by Prof.Ravi Chopra to replace the committee appointed by NGT. The following are the functions of the committee as per order of the court

1. To consider the cumulative and independent impact of the Chardham project on the entire Himalayan valleys. The HPC was give directions to conduct EIA/rapid EIA by the Project Proponent/MoRTH.
2. The HPC, with the help of the technical body and engineers of implementation agency (MoRTH) was to consider whether revision of the full Chardham project (about 900 Kms) should at all take place with a view to minimize the adverse impact of the project on environment and social life.
3. The HPC was directed 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 High Powered Committee should recommend the measures which are required for stabilizing the area where hill-cutting has taken place, among others, the environmentally safe disposal 3 of muck which has been generated so that it does not adversely affect the flora and fauna of the catchment area of the river.
4. As regards the stretches where work has not started, the HPC was directed to review the proposed project and recommend measures which will minimise the adverse impact on environment, social life and bring the project in conformity with the steep valley terrain, carrying capacity, thus avoiding any triggering of new landslides and ensuring conservation and protection of sensitive Himalayan valleys.
5. The HPC was directed assess the environmental degradation in terms of loss of forest land, trees, green cover, water resources, dumping of muck and impacts on the wildlife and will direct the mitigation measures. Specific attention laid on protecting wildlife corridors, and rare and endangered flora and fauna.
6. The HPC was directed to assess and quantify the impact on social infrastructure/public-life due to triggering of fresh landslides, air pollution, frequent road blocks etc. and will suggest necessary measures for its redressal, including preparation of disaster management plans prior to the monsoon season.
7. VII. In Bhagirathi Eco Sensitive Zone (Gangotri to Uttarkashi), the HPC was directed to make special provisions in its report keeping in mind the guidelines given under 4 the Notification of the Bhagirathi Eco Sensitive Zone so as to avoid violations and any environmental damage.
8. VIII.The HPC was also required to suggest the areas in which afforestation measures should be taken. It will also suggest the kind of saplings which have to be planted in different terrains of Himalayas. A separate Committee be constituted by the Forest Department of Uttarakhand to continuously monitor and report on the website that the saplings which have been planted have survived and grown. In case of non-survival of any sapling, further plantation should be done. Compensatory afforestation should be ten times the number of trees which have been cut. The HPC shall prepare an effective afforestation plan ensuring its proper implementation.
9. The HPC was directed to invite experts from different fields and consult local people or hold public meeting in the local areas to take recommendations and suggestions, as it deems fit.
10. The HPC was directed consider giving specific directions to the concerned agencies to put in the public domain the landslide-prone areas, and their treatment by the Project Proponent, the total muck generated, and the places where it has been disposed of in an environmentally sound manner

Despite the HPC being formed to be the eyes and ears of the Supreme Court on the project. However, it had not been unanimous in its views and had filed a final report with the views of both the minority and majority.

The Supreme Court on 8th September 2020, however, directed the government to follow the 2018 circular by the Ministry of Road Transport and Highway (MoRTH) which provided for specifications to construct roads in mountainous terrain. The government has filed the present application to modify this order of the Supreme Court and to permit them to construct roads as per the subsequent circular which was passed in December 2020.

Case title: Citizens for Green Doon Vs Union of India