Amid India-China border concerns, Supreme Court allows Char Dham project with a rider

Acknowledging the defence forces' need for better roads in border areas for operational reasons in view of the tensions along the India-China border, the Supreme Court on Tuesday allowed the government's Char Dham project to go on provided that all mitigation measures are taken to deal with the environmental consequences of building such roads in this eco-sensitive region.

A high-powered committee, charged by the SC in 2019 to oversee work on the project keeping all environmental concerns in mind, had earlier flagged many areas such as the need to dispose of muck and take mitigating measures to deal with issues such as mountain cutting and landslides.

On Tuesday, another SC bench, headed by Justice DY Chandrachud, asked the ministries of defence and road transport to continue work on the project provided they address these concerns. The bench placed this work under the oversight of a new committee headed by former top court judge AK Sikri.


"This court, in its exercise of judicial review, cannot second-guess the infrastructural needs of the armed forces," said the bench, which also included justices Surya Kant and Vikram Nath. That is the prerogative of the government which is charged with defending the country, it said.

"What is at stake in this project is also the health of the environment, and its effects on all individuals who inhabit the area. It is thus important that there must be a significant alteration in the approach to this project by adopting sustainable measures."