Get green nod before NH expansion: HC

A division bench comprising Justice M Sathyanarayanan and Justice N Seshasahee offered the interim direction on a plea moved by 63 persons, including social activist ‘Traffic’ KR Ramaswamy challenging the expansion of the highway.

“The Environmental Impact Assessment is a holistic narrative, which encompasses within its folds the theme of both sustainable development and precautionary doctrine. It brings in efficiency and effectiveness in resolving a conflict between environment and development. And the courts cannot ignore the legislative spirit in balancing the need for development alongside the preservation of the environment,” the bench said.

Also, noting that the project- expansion of NH-45A need not be shelved nor the concessionaire agreements and land acquisition proceedings have to be dropped, the bench said: “NHAI is now required to undertake a EIA study and to go for environmental clearance as well as CRZ approval from statutory authorities and then to proceed with the work if the project is cleared for its environmental viability.”

If required after the EIA study, the NHAI may alter the plan as required to make the project environmentally viable, the bench added.

The petitioners contended that to avoid obtaining environmental clearance, the project has been artificially and arbitrarily split into four segments ensuring in the process that each of the segment fell within 100 km to avoid the mandatory EIA. Without EIA clearance, it was impermissible to acquire the land, the petitioners had argued. The project is part of Bharatmala Pariyojana Project.