Move NGT: Supreme Court refuses to interfere with Kerala's Wayanad tunnel road project

The Supreme Court on Monday declined to interfere with a Kerala High Court judgment upholding the environmental clearance granted for the proposed Anakkampoyil–Kalladi–Meppadi tunnel road project in Wayanad..However, the Court granted liberty to the petitioner to approach the National Green Tribunal (NGT) over any violations of environmental conditions..A Bench comprising of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that the High Court had rightly allowed the petitioner to move the NGT if there was any non-compliance with the environmental clearance conditions.“This is a project of national importance.. state has its own limitations on the aspect of availability of land. Tunnels are being built everywhere. The project is only getting delayed. We know about landslides,” CJI Kant remarked during the hearing..The Anakkampoyil–Kalladi–Meppadi project involves construction of an about 8.7-km four-lane twin-tube tunnel connecting Kozhikode and Wayanad districts at an estimated cost of ₹2,134 crore.The tunnel is intended to bypass the congested Thamarassery Ghat road but has faced opposition from environmental groups citing risks in the ecologically sensitive Western Ghats region.The tunnel will reduce travel time between Karnataka and the northern districts of Kerala. .The Supreme Court today noted that the environmental clearance granted to the project included 58 conditions along with an environmental management plan, indicating that the decision could not be termed mechanical.“If the conditions are followed, the project can have no adverse impact. Compliance can always be examined and the NGT can appoint an independent observer,” said CJI Kant..During the hearing, the Bench also emphasised the potential public importance of the project.“See, this project will become a lifeline for the area. Tunnels are made so as not to disturb wildlife,” observed CJI Kant..Accordingly, the Court declined to interfere with the High Court judgment and permitted the petitioner to pursue remedies before the National Green Tribunal if required..Senior Advocate Shyam Divan, appearing for the petitioner Wayanad Prakruthi Samrakshana Samithi, argued that the environmental clearance process was flawed because the project had not undergone the mandatory appraisal applicable to Category A projects under the Environment Impact Assessment (EIA) Notification, 2006.He submitted that the proposal was sent to the Central government only because the tenure of the Expert Appraisal Committee (EAC) had expired at the relevant time.“It was never a Category A project at all. That, in fact, is the flaw in the reasoning,” argued Divan..Divan further contended that the environmental clearance process requires independent expert bodies to evaluate the proposal and apply their mind to the environmental impact.“The framework rests on an independent, objective appraisal. These committees are not meant to function as a rubber stamp,” he submitted..Divan also highlighted the ecological fragility of the region, pointing to landslides in Wayanad that have caused significant casualties.“Tunnels are being made in a landslide-prone area. The landslide is in this very village, not some distant place. There have been 420 confirmed deaths,” he said.He also referred to the Western Ghats Eco-Sensitive Area (ESA) notification, noting that draft notifications on the issue had remained pending since 2014, leaving the regulatory framework in uncertainty..Responding to the concerns, CJI Kant noted that the environmental clearance was accompanied by several safeguards and compliance mechanisms.He observed that the High Court had correctly held that any violation of the clearance conditions could be challenged before the NGT, which has the authority to monitor environmental compliance.“In view of the liberty granted to approach the NGT, we see no reason to interfere with the High Court judgment,” said the Court while disposing of the plea..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.