Shashwat vs State of Bihar - 2022 Supreme(Pat) 330

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 330

SANJAY KAROL, S. KUMAR
Shashwat – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Akash Keshav.
For the Respondents: Dr. K.N. Singh, Shivendra Kishore, Sr. Adv., Sarvesh Kumar Singh, Manoj Kumar Singh, Tuhin Shankar, Parijat Saurave, Rabindra Kumar Priyadarshi

JUDGMENT

SANJAY KAROL, CJ.:–

The following question arises for consideration:—

(i) What is the nature of consideration to be weighed by the State when a project of public importance is to have an impact on the surrounding ecology?

2. The scope of the petition is confined in respect to translocation of the trees necessarily required to be felled for construction of National Highways -131A Km. 34.600 (design ch: 6.000) near Narenpur to KM 79.970 (design ch:53.000) to km 82.000 (design ch:55.000) near Purnea to 2 lanes with paved shoulders standard in the State of Bihar on Hybrid Annuity Mode. The length of the project is 49 km.

3. While appreciating the issues highlighted by the petitioner, we find the respondents-authorities to have placed on record sufficient material indicating the approval and sanction in accordance with the environmental laws as also the National Highways Act, 1956.

4. The project was sanctioned in the year 2018 and all permissions, including environmental clearance were obtained immediately thereafter.

5. As is evident from the affidavit filed by the respondents,