SC clears metalling of 11.5-km Laldhang-Chillarkhal road project through Rajaji National Park

The Supreme Court on Thursday modified its earlier stay order and allowed metalling of the 11.5-km Laldhang-Chillarkhal road in Uttarakhand to benefit thousands of people of the state's 18 remote villages. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, however, refused to allow plying of commercial vehicles on the road which includes an ecologically sensitive 4.5-km stretch from Chamaria bend to Siggadi Sot area and is the only functional wildlife corridor connecting Jim Corbett Tiger Reserve and Rajaji Tiger Reserve. ''The people of remote villages are entitled to the benefit of developments happening in the country,'' the bench said as it modified its January 11, 2023 order putting a stay on the road project for violation of environmental norms. The counsel appearing for the state government assured the court that though metalling of the road would have shortened the distance between Kotdwar and Haridwar by 65 kilometres for the commercial vehicles, the state government would abide by any conditions which the court would impose for allowing the project. He assured the bench that commercial vehicles will not ply on the road, and instead, they will take a detour via Uttar Pradesh to reach their destinations. CJI Kant said that it is necessary for preserving the flora and fauna of the forest and the court will not allow heavy load trucks and dumpers to ply on the 11.5-km stretch. BJP MP Anil Baluni, who was also an intervener in the matter, told through his counsel Bansuri Swaraj that the road which at present is unmetalled was essential for over 40,000 villagers residing in 18 remote villages in the area. ''People in these areas are facing difficulty because the road gets washed away in the monsoon season. The government has planned an elevated 400-metre stretch to allow wildlife to move from one side to other,'' she submitted. The bench, which noted that the road needs to be metalled for providing better access to the villagers, however, did not comment on allowing buses to ply on the road saying if it creates one exception, then others will also seek it. Advocate Gaurav Kumar Bansal, on whose petition the order was passed in January, 2023, said that his concern was only the plying of commercial vehicles which would affect the wildlife in the area and he was never opposed to the construction of a metalled road for the villagers. The bench noted that the state government had earlier proposed to allow 150 commercial vehicles through the stretch in a day which was objected to by the petitioner and other expert bodies. It directed the state government to ensure that no commercial vehicles ply on the route. The top court had earlier observed that construction through the corridor violated provisions of the Wildlife (Protection) Act, 1972, and the Forest Conservation Act, 1980, and directed the state government to secure all statutory approvals before proceeding ahead with the project. Several nature and wildlife activists have raised concerns over the road's impact on wildlife movement and sanctity of the habitat, which is home to various wildlife species, including tigers, elephants and leopards. Senior advocate K Parameshwar, who has been appointed amicus curiae, pointed that the Central Empowered Committee (CEC) has found that the road design was not proper and was obstructing the river flow.