The Supreme Court on Tuesday directed a petitioner, who challenged the forest and wildlife clearances granted for the expansion of NH72 between Ganeshpur and Dehradun, to approach the National Green Tribunal (NGT) for the same.
The bench of Justices D.Y. Chandrachud, Vikram Nath and Hima Kohli passed the order on a petition filed by NGO Citizens for Green Doon, challenging the Stage-I forest clearances and wildlife clearances granted for the improvement, upgradation and expansion of the existing 20 km stretch of NH72A between Ganeshpur and Dehradun, adjacent to Rajaji National Park.
The apex court held that the primary challenge in this petition pertains to quashing of Forest Clearance given by the Ministry of Environment Forest and Climate Change, Lucknow and subsequently quashing of wildlife clearance given by the Standing Committee of the National Board for Wildlife.
The primary prayer of quashing the forest clearance can be first dealt by moving the NGT and if the same is allowed, there won’t be any need to press the subsequent prayer of wildlife clearance, added the Court, while assuring the NGO that in case the prayer is dismissed, the petitioner is given liberty to approach the Supreme Court again with regards to this issue.
Advocate Ritwick Dutta, appearing for the NGO, argued that if the court is dismissing the petition and granting liberty to move NGT, the court in the mean time should direct stay on the removal of trees. However, the bench was not inclined to issue such directions, as it was observed that the project was on halt for the past one year and the petition was filed around 4-5 months back. Since then, there has been not much movement in the area, the Court noted.
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The petitioner said that the proposal of NHAI for upgradation and expansion of the existing 20 km stretch of NH72A between Ganeshpur and Dehradun passes through the dense forest and wildlife rich area of Shivalik Forest Division, Uttar Pradesh, in close vicinity of the Rajaji National Park as well as the Dehradun Forest Division in Uttarakhand.
The proposal seeks to transform an existing two-lane road into a four-lane road with a 25 m carriageway and involves construction of a tunnel as well. The project involves a total diversion of 57.3278 ha of forest land, out of which 9.6224 ha falls under very high density category forest. The project if allowed would result in the felling of around 11,000 trees in an area which is not only a wildlife rich area, but also a tiger and elephant corridor and home to some of the endangered species such as Goral, King Cobra and Great Hornbill.
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Another grievance of the petitioner organisation was that after several contradicting surveys being executed by different agencies (Deputy Forest Conservator, Divisional Forest Officer, and Conservator of Forests-Saharanpur Circle) against the proposal of NHAI, the Ministry of Environment, Forest and Climate Change recommended the project without any discussion on the serious issues arising out of the destruction of forest proposal and without recording any reasons.
Prior to the proposal being moved before the regulatory authorities, a letter had been sent by NHAI to the Wildlife Institute of India (WII) for mitigation measures for the road in question regardless, the WII submitted its report stating that the road in question passes through a wildlife rich area. However, despite recording high biodiversity in the said stretch, the WII recommended the project with mitigation measures.
Citizens for Green Doon is an organisation comprising of association of people which include doctors, engineers, businessmen, students and home makers which was founded in 2009, when there was a spurt in tree felling in the Doon valley.