'Complete Absurdity': MP High Court Questions Sparse Wildlife Passage Under Proposed NH-46 Tiger Corridor, Summons Officials

The Madhya Pradesh High Court on Monday (March 23), summoned the National Tiger Conservation Authority and the National Board for Wildlife to explain the integrated landscape management plan proposed for the NH-46 Highway widening project, which crosses a critical wildlife corridor connecting Satpura and Melghat Tiger Reserves. 

The bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, upon pursuing the NTCA's recommendations, noted that within a 16 km stretch of the corridor, only about 1.2 to 1.5 km had been proposed as a wildlife passage, along with an already constructed 500m passage. 

The bench orally remarked, 

"We want somebody senior from the committee to come and explain to us how the tiger which uses a particular route is going to know that 14 kilometres down the line, there is a passage of 500 metres which I have to use. Absurdity, complete absurdity". 

The bench thus directed; 

"Perusal of the recommendation shows that in a span of 16 kms, a corridor of approximately 1.2 km and 1.5 is proposed to be set up in addition to the earlier proposed passages. For better appreciating the recommendations, we deem it expedient to direct the National Tiger Conservation Authority and the National Board for Wildlife to assist the court and explain integrated landscape management plan proposed for managing the same area as well as ensuring that the tiger passes the wildlife passage is not disturbed in a matter to impede the movement of free movement of the wildlife in that area". 

A petition was filed in 2021 alleging that the National Highways Authority of India (respondent no 4) undertook a highway widening project without obtaining mandatory approvals from the NBW and NTCA. The petitioner argued that prior approvals under Section 38-O(1)g) of the Wildlife (Protection) Act, 1972, are mandatory as the highway passes through a vital wildlife corridor. 

Notably, the counsel for the Union of India (respondent no 1) and National Tiger Conservation Authority (respondent no 2) claimed that no such permission was given to NHAI. Therefore, the work being done by the NHAI was illegal. 

Taking note of these concerns, the bench, by an order of April 1, 2022, restrained the NHAI from carrying out any activity on the corridor stretch,

Following this development, an interlocutory application was filed by the respondents seeking permission to conduct maintenance work as the roads were damaged because of the heavy rains. 

However, the petitioners objected to the application, claiming that the respondents were seeking permission to widen the road under the guise of repair work. It was further contended that the appropriate permission to expand the road to four lanes was still not placed on record. 

In August 2022, the bench granted permission to respondents to carry out only the repair work necessary for maintenance. The bench further warned the respondents not to execute any work concerning the widening of the road.

In the last hearing of October 2024, the NHAI had submitted that it had obtained the necessary clearances following inspections by NTCA officials. 

On Monday, NHAI filed an application seeking to vacate the court's order of April 2022.

The counsel for the petitioner submitted that although NBW had granted conditional approval, the final formal clearance was still pending. 

A key issue before the court was whether the proposed mitigation measures were sufficient to protect wildlife movement. The project proposed elevating only 1.2 to 1.5 lms of the highway, despite the corridor extending over 16 kms. The court questioned the logic of such limited interventions, observing that the animals cannot be expected to locate and use isolated passages spreading across long distances. 

Drawing a comparison with human behaviour, the bench orally stated,

"When you have human beings, if you ever turn around, they will go across the road. They will not use that turning. You expect the animals to know and then use that passage". 

Further, the bench also raised concerns about the design of certain mitigation structures, including a narrow passage. The court remarked orally,

"So one metre by one metre pipe. Tiger is going to use that. Tiger is going to use a one metre by one metre pipe to go across the highway. And we know when you have these small passages, they all get blocked"

In light of these concerns, the bench directed the NTCA and NBW to assist the court in explaining the integrated landscape management plan proposed for the NH-46 Highway widening project and listed the matter for April 10, 2026. 

Case Title: Advait Keole v Union of India [WP-28573-2021]