Wayanad Tunnel Project Faces Judicial Review; Court Emphasizes Limited Role in Scientific Matters
In a significant judgment, the Kerala High Court has upheld the environmental clearance granted for the construction of the Twin Tube Unidirectional Tunnel Road, a project designed to provide direct connectivity between the districts of Kozhikode and Wayanad. The petition, filed by Wayanad Prakrithi Samrakshana Samithi, challenged the environmental clearance on multiple grounds, including alleged procedural lapses and inadequate consideration of environmental impacts.
The project, which spans 8.735 kilometers and traverses the ecologically sensitive Western Ghats, had drawn criticism from environmental groups concerned about its proximity to areas prone to natural disasters. Despite these concerns, the court found no procedural lapses in the approval process, emphasizing the role of expert bodies in environmental matters.
The bench, comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian JJ, highlighted the limited scope of judicial review in scientific matters, deferring to the expertise of statutory authorities. The court underscored the need for regulatory authorities to ensure strict compliance with safety standards, directing the State Executive to monitor the project's implementation diligently.
The judgment also advised the petitioners to seek recourse through the National Green Tribunal, a specialized forum for adjudicating environmental disputes. While dismissing the petition, the court reiterated the importance of public accountability and the role of the State Executive in safeguarding public interests.
The decision marks a crucial step in balancing developmental needs with environmental protection, ensuring that expert bodies have the autonomy to make informed decisions while being held accountable for their actions.
Bottom Line:
Judicial review in environmental matters - The court's role is limited to ensuring compliance with statutory procedures, leaving scientific decisions to expert bodies, while also emphasizing the responsibility and accountability of regulatory authorities in environmental litigation.
Statutory provision(s): Environment (Protection) Act, 1986, National Green Tribunal Act, 2010
Wayanad Prakrithi Samrakshana Samithi v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2822776
