Uttarakhand High Court Seeks Compliance Reports on Highway Project’s Impact on Elephant Corridors: "No Tree Felling Till Next Hearing"
Safiya Malik
The Uttarakhand High Court, comprising Chief Justice G. Narendar and Justice Ashish Naithani, issued directions concerning the environmental impact of a proposed highway project passing through designated elephant corridors. The court recorded that specific corridors, including the Shivalik Corridor, are affected by the project and directed the respondents to furnish details regarding the necessary environmental clearances and compensatory afforestation measures. The order stated, "The respondents shall also place before this Court the clearances mandated under the Forest Conservation Act; the compensatory afforestation scheme, if any, drawn up; the necessary compensatory afforestation fund if it has been set apart; and also the environment impact and assessment report drawn up by the competent authority be placed before the Court on the next date of hearing."
The court further directed the State authorities not to commence tree felling until the next hearing. The order recorded, "The learned Standing Counsel for the State is directed to intimate the officers not to commence tree felling till the next date of hearing." The matter has been scheduled for further consideration on March 21, 2025.
The petition was filed as a Public Interest Litigation (PIL), challenging the impact of the proposed highway project on the ecological integrity of elephant corridors in the northern region. The petitioner placed reliance on Annexure-22 and Annexure-19, which provide detailed records of various elephant corridors, including their GPS coordinates, length, and width.
Annexure-22 contains specific details regarding corridors such as the Basanta Corridor, Chhedia Corridor, and Dudhwa Corridor. The court noted, "In Basanta Corridor, the length is recorded as 30 Km. and width is 10 Km.; in Chhedia Corridor the length is recorded as 30 Km. and the width as 0.5 Km. Similarly, in Dudhwa Corridor, it is 13 Km. and 10 Km.; and in the instant case the relevant corridor being the Shivalik Corridor, the length is 32 Km. and width is 23 Km., and the Geo Coordinates recorded are also detailed therein."
The petitioner argued that the proposed highway project would overlap with the designated elephant corridors and affect forest ranges falling within these areas. The court directed the petitioner to further examine the matter and provide additional material through an affidavit. The order stated, "Hence, the petitioner to make a study of Annexure-22 and Annexure-19 and place material by way of an affidavit therein stating where the proposed Highway project overlaps the Elephant Corridors."
The court examined the submissions made by the petitioner and recorded that the issue of environmental clearance, compensatory afforestation, and assessment of the project's ecological impact needed further scrutiny. It directed the respondents to place before the court all mandatory clearances required under the Forest Conservation Act and other relevant environmental regulations.
The order stated, "The respondents shall also place before this Court the clearances mandated under the Forest Conservation Act; the compensatory afforestation scheme, if any, drawn up; the necessary compensatory afforestation fund if it has been set apart; and also the environment impact and assessment report drawn up by the competent authority be placed before the Court on the next date of hearing."
The court noted the significance of the Shivalik Corridor in terms of its ecological function as an elephant habitat. The judgment recorded the need for additional documentation from both the petitioner and the respondents to assess the extent of potential environmental impact.
Furthermore, the court acknowledged the necessity of preserving tree cover within the affected area and issued a direction preventing tree felling until further orders. It recorded, "The learned Standing Counsel for the State is directed to intimate the officers not to commence tree felling till the next date of hearing."
The court issued the following directives:
The petitioner was directed to conduct a study based on Annexure-22 and Annexure-19 and submit an affidavit specifying the locations where the proposed highway project overlaps with identified elephant corridors. The order stated, "Hence, the petitioner to make a study of Annexure-22 and Annexure-19 and place material by way of an affidavit therein stating where the proposed Highway project overlaps the Elephant Corridors."
- The State authorities were directed not to commence tree felling until further orders. The order recorded, "The learned Standing Counsel for the State is directed to intimate the officers not to commence tree felling till the next date of hearing."
- The respondents were instructed to submit all required environmental clearances, details of any compensatory afforestation schemes, the compensatory afforestation fund set aside, and the environmental impact assessment report prepared by the competent authority. The order stated, "The respondents shall also place before this Court the clearances mandated under the Forest Conservation Act; the compensatory afforestation scheme, if any, drawn up; the necessary compensatory afforestation fund if it has been set apart; and also the environment impact and assessment report drawn up by the competent authority be placed before the Court on the next date of hearing."
- The court scheduled the next hearing for March 21, 2025, directing all parties to submit relevant documents for further examination.
Advocates Representing the Parties
For the Petitioner: Mr. Abhijay Negi and Ms. Snigdha Tiwari, Advocates
For the Union of India (Respondent No. 1): Mr. Rajesh Sharma, Standing Counsel
For the State (Respondent Nos. 2 & 3):Mr. B.S. Parihar, Standing Counsel
Case Title: Union of India & Ors. v. Petitioner
Case Number: WPPIL No. 37 of 2025
Bench: Chief Justice G. Narendar, Justice Ashish Naithani
[Read/Download order]
