HC picks holes in consultant’s report, questions hasty study, reliance on Google Maps

Noting how a study in the US for linking two highways, which commenced in 1944 went on till 1960, a division bench comprising Justice T S Sivagnanam and Justice V Bhavani Subbaroyan, said, “Obviously, within 60 days, nothing could have been done. Nothing worthwhile could have been done given the length of the project and sensitivity of the area through which it passes, including the different terrain and other cultural and social factors.”

Pointing out that the consultant had admitted referring to and relying on Google Maps for preparing the report, the bench said this meant that the entire length of the proposed alignment has been not been physically verified or visited. “Sample surveys are stated to have been conducted. In any event, given the distance to the which the proposed highway is to be formed, the consultant could not have made any justifiable study to reflect the true picture within less than 60 days,” the bench said, while holding that the award of consultancy was illegal.

“We find that the merits in the existing three routes are far superior and higher than the merits in respect of the proposed alignment, more particularly when the consultant themselves have stated that by improving the existing routes the average travel time can be reduced,” the judges said.

The bench also noted that the counter affidavits failed to explain what plans were drawn up for the rehabilitation and resettlement of those likely to be displaced.

Citing the case of two popular hill stations in the State crumbling with large-scale encroachments despite court directions, the bench said the lessons learnt elsewhere should be an eye opener for the State while designing any project. “If the road passes through a Reserve Forest to an extent of 10 km, will it not only pave for poaching of endangered species of birds and animals in the hill area,” the bench asked, opining that it would pave way for illicit felling and transportation of valuable timber.

“Obviously, the National Highways Authority of India cannot build a compound wall on both sides of the highway nor post armed security guards,” the bench added.