Human Life Equally Important As Protection Of Environment; Projects Necessary For Country's Economic Development Can't Be Stalled : Supreme Court

While giving a go-ahead to the construction of railway overbridges in West Bengal as part of the Setu Bharatam project, the Supreme Court observed that protection of human life is also equally important as protecting the environment.

The project had been stayed since 2018 after the Calcutta High Court's order allowing the cutting down of 356 trees was challenged in the Supreme Court. In 2020, the Supreme Court had constituted an expert committee to examine the matter.

Appearing for the State of West Bengal, Senior Advocate Dr Abhisek Manu Singhvi submitted that the project is necessary and pointed out that around 600 lives were lost in railway accidents. He added that the State has undertaken to plant five trees as against one tree to be felled as compensatory measure. Advocate Prashant Bhushan, appearing for the petitioner, submitted that the project envisages felling of thousands of trees, including heritage trees.

The bench comprising Justices BR Gavai and Vikram Nath took note of the committee's observation that the bridges will have to be constructed to resolve the congestion at the railway crossing. The committee also did not express a definite opinion on whether the alternative proposals will save the trees. In this backdrop, the bench observed : 

"The contest between development and environmental concerns is ever ongoing. While there is no doubt that ecology and environment need to be protected for the future generations, at the same time, development projects cannot be stalled, which are necessary not only for the economic development of the country, but at times for the safety of the citizens as well. No doubt that the protection of environment and ecology are important. However, at the same time, it cannot be denied that human life is also equally important".

"On account of non-construction of ROBs, a number of accidents have taken place at Railway Crossings resulting in death of hundreds of human beings. The Report of the Committee itself would show that there is a congestion, on account of which, the construction of the project is necessary. They have given an alternative that instead of ROBs local over bridges can be constructed".

The bench dismissed the petition challenging the High Court order after noting that the High Court has restricted the number of trees to be felled to only 356 and further put the State Government on terms for compensatory afforestation.

However, the bench kept the petition alive to consider the report of the Experts on the subject of compensatory conservation in India.

"We would appreciate, if the Central Government holds joint meeting with all the stake holders including the representatives of all the State Governments/Union Territories and come out with a unified proposal for consideration of this Court", the bench ordered.

Case Title : Association for Protection of Democratic Rights vs State of West Bengal | SLP(C) No.25047/2018

Citation : 2023 LiveLaw (SC) 102

Environmental Law - The contest between development and environmental concerns is ever ongoing. While there is no doubt that ecology and environment need to be protected for the future generations, at the same time, development projects cannot be stalled, which are necessary not only for the economic development of the country, but at times for the safety of the citizens as well. No doubt that the protection of environment and ecology are important. However, at the same time, it cannot be denied that human life is also equally important.

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