Char Dham road not continuous, doesn’t require environmental clearance, says government

NEW DELHI: The union environment ministry has recently informed the National Green Tribunal (NGT) that it has received no proposal for environmental clearance of “Char Dham Yatra Project” and hence the question of an environment impact assessment (EIA) study of such a project does not arise.


The ministry was responding to a petition in NGT that has highlighted that the 900 km project in the Himalayas of Uttarakhand hasn’t undergone any EIA. The environment ministry has further added in its affidavit accessed by TOI that under the EIA notification 2006, only new national highways and expansion of highways greater than 100 kms need to get prior environmental clearance.

While the environment ministry has claimed that no project by the name of “Char Dham Yatra” has come to them, the highway development project has been called the Char Dham project all along pointed petitioners. For example, a Press Information Bureau (PIB) release of December 2016 on the foundation stone laying of the project called it: “Char Dham Mahamarg Vikas Pariyojna” (on developing 900 kms of highways in Uttarakhand) which will be taken up at the cost of Rs 12000 crores.

The petitioners have argued that while the entire Char Dham highway project covers around 900 kms in the ecologically fragile Himalayas, the government has allegedly deliberately broken it into small stretches to present the fact that they are not eligible for EIA or EC.

The additional solicitor general (ASG), Atmaram NS Nadkarni during the hearings last week also submitted that entire length of the project is indeed about 889 kms but “none of these works are continuous and are separated by 16 bypasses…” The NGT bench has taken exception to this argument.

“We argued that by not considering the project in its totality, they are virtually circumventing the provisions of EIA Act 2006. The bench said the argument was like saying there have been injuries caused to different body parts and not death of the person,” said advocate, Sanjay Parikh who is representing the petitioners—Citizens of Green Doon. This debate on whether a large development project can be exempted of EIA on the basis that it’s in different parts may be discussed on Tuesday in NGT. A final judgement in the case is expected soon.

Nadkarni also submitted an affidavit where it said that the Char Dham Yatra project is in “greater public interest” of pilgrims and not in commercial interest.

It said that stage II forest clearance has been obtained only for three of 24 proposals eligible for forest clearance. The total forest diversion involved is 508.66 ha of which the environment ministry has already approved diversion of 475.71 ha. “The petitioner tried to rely upon the total number of works which covers a length of 900 kms. Indeed if the entire length on all the six highways wherein works are going on in different places on different areas are added together it comes to 889 kms…”the affidavit reads.

It adds that out of the entire area only one portion is in an eco-sensitive zone (ESZ) which is the Bhagirathi ESZ between Uttarkashi to Gangotri. Construction works haven’t started here because they are awaiting approvals from the environment ministry.