SC appoints ex-judge Sikri as chairperson of High Powered Committee on Chardham project

The Supreme Court on Friday appointed its ex-judge AK Sikri as chairperson of the High Powered Committee (HPC), which would consider the cumulative and independent impact of the Chardham project on the entire Himalayan valley.

A bench of Justices DY Chandrachud and Surya Kant accepted the resignation of Professor Ravi Chopra as chairperson of the committee after he wrote a letter in January wishing to relinquish his post.

The strategic Chardham project worth Rs 12,000 crore aims to provide all-weather connectivity to four holy towns -- Yamunotri, Gangotri, Kedarnath, and Badrinath. Attorney General KK Venugopal, appearing for the Centre, said that since Justice (retd) Sikri has already been appointed by this court as chairperson of the oversight committee to look after environmental concerns and other issues related to the Chardham project, it would be better if he is appointed as Chairperson.

The bench agreed to the suggestion and appointed Justice (retd) Sikri.

It said that though it had not talked with Justice (retd) Sikri on the appointment but after the appointment, it would talk to him.

Chopra was appointed as chairperson of the HPC by the top court on August 8, 2019.

On December 14, last year, the top court had allowed double lane widening of the strategic Chardham highway project in Uttarakhand, observing that the country's security concerns may change over time and the recent past has thrown serious national security challenges.

"The court in the exercise of judicial review cannot second guess the infrastructural needs of the armed forces,'' the top court had said while setting up an oversight committee headed by Justice (retd) Sikri to report to it directly on the ambitious 900-km project, which goes up to the border with China.

The judgement had cleared the way for a double lane paved shoulder (DL-PS) configuration for the project, which assumes significance in the wake of the recent standoff between Indian and Chinese militaries in several areas along the LAC in Ladakh.

If the Army cannot move its missile launchers and heavy machinery up to the northern India-China border, how will it defend it and fight a war if it breaks out, the Centre had argued before the apex court.

The top court had said that the oversight committee, formed to allay environmental concerns relating to the project, will not undertake a fresh environment assessment.

The committee will receive all support from the ministries of Defence and Road Transport, the Uttarakhand Government, and all-district magistrates. The oversight committee will also have representatives from the National Environmental Research Institute and the Forest Research Institute, Dehradun. The final notification shall be issued by the Centre within two weeks.

The top court -- which had delivered its judgement on a plea from the ministry of Defence (MoD) to modify its earlier order and a plea by the NGO Citizens for Green Doon against the widening of the road -- said there are no malafides in the application filed by the Defence ministry.

The allegation that its application seeks to relitigate matters or to subvert previous orders of this court is unfounded, it had said.

The NGO had said double laning of the road cannot go on as it is not in the welfare of the people or the Army and will risk the lives of people due to landslides.

By allowing the application filed by the MoD, the court had said it has permitted the widening of the national highways from Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh, which are strategic feeder roads to border areas.

As a specialised body of the government, the Defence ministry is entitled to decide operational requirements of the armed forces, including infrastructural support needed for facilitating the movement of troops, the top court had said.

''The bonafides of MoD are also evident from the fact that the issue of security concerns was raised during the discussion of HPC and finds mention in HPC report. This MoD has maintained the need for double lane roads for border security concerns," the court had said.

Citizens for Green Doon, it pointed out, had referred to a statement made by the Chief of Army Staff in 2019 in a media interview regarding the adequacy of infrastructure for troop movement.

"We do not find it necessary to place reliance on statements made to the media given the consistent stand of MoD. The security concerns as assessed by MoD may change over time. The recent past has thrown serious challenges to national security,'' the top court had said.

The armed forces, it added, cannot be held down to a statement made during a media interview in 2019 as if it was a decree written in stone.