Supreme Court Asks Parties To Suggest Names Of Independent Experts To Be Included In Panel To Oversee Delhi-Dehradun Expressway Project

Responding to a contention that the twelve-member expert Committee appointed by the National Green Tribunal ("NGT"), to oversee that mitigation measures are effectively implemented by NHAI, lacks independent experts, the Supreme Court, on Friday, asked the Solicitor General of India and the Counsel appearing for Citizens for Green Doon, Mr Ritwick Dutta to provide a list of independent individuals or institutions who can be inducted into the said Committee. A Bench comprising Justice D.Y. Chandrachud and Aniruddha Bose were hearing a plea, assailing the order of the NGT dated 13.12.2021 in relation to the Delhi-Dehradun expressway. The challenge before the Tribunal was to the validity of diversion of forest land for non-forest purposes and cutting of trees for widening and elevated corridor construction for the Delhi-Dehradun expressway. NGT had rejected the application on the ground that the statutory appeal was not preferred against the forest clearance granted by the Central Government under Section 2 of the Forest Conservation Act. On appeal, the Supreme Court by order dated 16.11.2021 remanded the matter to the Tribunal for fresh consideration. It stated - "However, we specifically direct that the appellant shall, in order to place the nature of their objections beyond doubt, file brief written submissions before the Tribunal cataloguing their grounds of challenge. The Tribunal is directed to pass a reasoned order on the merits, with reference to each of the grounds of challenge which is raised before it by the appellant in the course of their written submissions. In view of the fact that the order dated 27 August 2021 has been placed on the record only during the course of the proceedings in this Court, we also direct that if the appeal is filed within a period of one week, the Tribunal shall entertain the appeal on merits and shall not reject it on the ground of limitation. The appeal shall be listed before the Tribunal on the next working day after the filing of the appeal by the appellant."Subsequently, the Tribunal constituted an expert committee giving liberty to Citizens for Green Doon to approach it with its suggestion. The twelve-member Expert Committee is headed by Chief Secretary, Uttarakhand, with WII, CPCB, Uttarakhand State PCB, Chief WildLife Wardens, Uttarakhand and UP, SEIAA Uttarakhand, FRI, Dehradun, Divisional Commissioners, Saharanpur and Dehradun and Conservators of Forest, Dehradun and Saharanpur, Chief WildLife Wardens, Uttarakhand as members. Mr. Dutta submitted that - "They are calling it the independent expert committee. My ground is that they are neither independent nor experts." Justice Chandrachud asserted that the appellant organisation has been given liberty to approach the expert Committee and raise their concerns. "You cannot say that. You have been given the liberty to point out whatever mitigation measures are required to the Committee. We will leave it open to you to bring all your concerns before the expert committee. That we will see."Mr. Dutta submitted that the forest clearance given by the Centre had been assailed on the ground that it has been granted on misleading information; there was no ecological impact study while granting the approval; approval is non in consonance with the Forest National Policy; compensatory afforestation proposed in the present case involves planting trees in areas which are not degraded; carrying capacity has not been done for the city of Dehradun. He pointed out that the underpasses constructed by NHAI in Pench Tiger Reserve are also suffering from deficiency. He contended that the same had not been taken into account by the Tribunal, while passing order - "What we said was that NHAI had already built under-passes for tigers in Pench Tiger Reserve which are now under water. Tigers are not able to use it because the constitution was done so badly. As a tribunal they could have looked at the efficacy of the underpasses by directing studies.I had stated that efficacy of mitigation measures had not been verified and I dealt with that in detail in written submission."Justice Chandrachud noted that the Tribunal had considered the aspect of mitigation measures with respect to the Pench Tiger Reserve. "They consider the mitigation measures. Therefore, it would be better if you urge before the committee and they look into the issues."Concerned that it might not be ideal to go against the findings of the primary fact finding, i.e. NGT, in this regard, the judge added - "If NGT, as the primary fact finding committee, thinks this is to be done, how does the Supreme Court say otherwise? See what they say -From the order of the NGT, Justice Chandrachud highlighted the benefit of the expressway - "Delhi Dehradun Highway including NH-72A is an important highway connecting Delhi, Haryana and Western UP to Dehradun and higher reaches of Himalayas ...

Supreme Court Asks Parties To Suggest Names Of Independent Experts To Be Included In Panel To Oversee Delhi-Dehradun Expressway Project

Sohini Chowdhury

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