Telangana: Decoding fine print of NGT order to highway authority
The NGT asked the NHAI to undertake an Environmental Impact Assessment (EIA) study to minimise the loss to the trees before proceeding further
“The tiny seed of a mighty Banyan Tree is smaller than the egg of the smallest fish, when grown, it is large enough to offer shade to the entire battalion of the King viz., Elephants, Chariots, Cavalry and Infantry.”
These were the words – from a beautiful Tamil verse by the 16th century Pandian ruler from Tenkasi, Ativirarama Pandian – quoted by the southern bench of the National Green Tribunal (NGT), while directing the National Highway Authority of India (NHAI) on Monday to conduct an Environmental Impact Assessment (EIA) study of felling of hundreds of century-old Banyan trees, before taking up the expansion of National Highway 163 between Hyderabad and Bijapur passing through Chevella in Ranga Reddy district.
The bench, comprising justice Pushpa Satyanarayana and Dr Satyagopal Korlapati, underlined the religious, mythical and cultural significance of a Banyan tree, which has the ability to survive for hundreds of years in a tropical climate.
“It is quite common to find a Banyan tree in the middle of every Indian village, as it signifies strength and unity, because of which it is considered as the National tree of India,” the bench observed.
The NGT asked the NHAI to undertake an Environmental Impact Assessment (EIA) study to minimise the loss to the trees before proceeding further. It also directed the Union ministry of environment and forests to issue the Terms of Reference (ToR) to the NHAI at the earliest and complete the process within four months.
The NGT gave the order after hearing the petition filed by the citizen action group, Save Banyans of Chevella. The primary objective of the EIA is to minimise the felling of trees in the Chevella region. The bench specifically pointed out NHAI’s unwillingness to explore options like re-aligning the road or creating bypasses to protect a larger number of trees. The tribunal emphasised that NHAI should have conducted a thorough analysis of all feasible alternatives.
Citing various domestic and international case laws, the NGT stressed the urgency of environmental conservation and called upon NHAI to assess the social, economic, and environmental repercussions of tree removal. The judgment also emphasised the ecological benefits of roadside trees, particularly the Banyan species.
What is the case?
In November 2021, the Union ministry of road transport and highways took up the expansion of a 46-km stretch of the Hyderabad-Vikarabad-Karnataka National Highway (NH-163) into a four-lane road, between Hyderabad Outer Ring Road and Manneguda of Vikarabad district, which had been pending for several years.
The national highway, which originates at Bhoopalapatnam in Chhattisgarh, passes through Warangal, Hyderabad, Moinabad, Chevella, Manneguda, Kodangal and finally ends Ravulapalli village on Telangana-Karnataka border, is one of the busiest inter-state traffic routes.
The tender notice was issued on September 9, 2021, asking for expression of interest from contractors for the construction of the highway under design, build, operate and transfer (DBOT) method. On October 6, Union minister Nitin Gadkari announced that the Centre had cleared the NH-163 expansion project at a cost of ₹928.41 crore for the project.
This triggered protests from nature lovers and environmentalists who formed into a civil society group in the name of “Save Banyans of Chevella,” fearing that the road expansion would pose a threat to the survival of over 9,000 trees, including 1,100-odd banyan trees of more than 100 years old.
Three of its group members - Tejah Balantrapu, Pranay Juvvadi and Natasha Ramarathnam moved the NGT seeking to stall the highway expansion project and urging the NHAI to explore the alternative routes. They sought a direction from the NGT to obtain Environmental Clearance under section 7(f) of the EIA Notification, 2006.
The protagonists of Save Banyans of Chevella said that the expansion of the highway would lead to destruction of thousands of trees on this 46-km stretch, mostly after crossing Chevella. “The road provides a picturesque look with huge trees forming a large canopy on the route. There are massive banyan trees, which were planted during the period of last Nizam Mir Osman Ali Khan and they have been providing shade and shelter to the people,” said Sadhana Ramchandar, who has been spearheading the campaign against felling of trees for highway expansion.
She said there are around 1,176 banyan trees along Chevella which are more than 100 years old and can be called heritage trees. “They are an ecosystem unto themselves. The expansion of the highway will certainly endanger these heritage trees,” she said.
The 46-km stretch of this national highway also comprises two forest blocks – Mudimyal and Kandapalli, which are rich in biodiversity. “Apart from banyans, there are many other big trees in these forests, which are also home to many rare birds including the migrating Harriers and the rare Tawny Eagles. These precious flora and fauna get wiped out in the highway expansion,” Sadhana said.
One of the petitioners – Pranav Juvvadi, a wildlife researcher and a member of the campaign, said the NHAI didnot come out with a detailed project which should invariably include how many trees have to be felled and how many have to be translocated.
“But we understand the authorities are planning to acquire a right of way for 30 metres on either side of the road for the NH-163 expansion. It would mean all the 9,000-odd old and big trees would have to be either felled or translocated,” Juvvadi said.
A senior forest department official, who preferred anonymity, said the NHAI would have to approach the Union ministry of environment and forests (MOEF) for any forest clearance required for the highway expansion.
“According to the forest rules, if there is any requirement for felling or translocation of trees, the authorities have to approach the state forest department, which will refer the same to a tree protection committee, which comprises three members of NGOs, besides department officials,” he said.
The NHAI authorities told the NGT bench that they had requested permission for felling of trees from the forest authorities concerned, which is awaited. The consultant engaged by the NHAI in 2017 to do the feasibility study had explored various alignments and concluded that the present alignment is the most feasible one.
The NHAI said there are 2500 trees in the non-forest locations and 759 Banyan trees in the stretch between Hyderabad and Manneguda. “During the construction of the project, trees may be felled at bare minimum depending upon the site requirement duly considering the road safety of the road commuters. Relocation of the trees will be done as much as possible to save trees in the stretch, which option will be examined before the start of the work,” it said.
It also told the NGT bench that approximately 53,000 trees will be planted in the stretch of which 40,000 will be planted towards avenue plantation and 13,000 towards median plantation.
It argued that the expansion of the highway was very much essential, as the road from Hyderabad-Manneguda is the most accident-prone area due to heavy vehicular traffic. “The road design was made in the best possible way keeping in view human life, ecology and other factors,” the NHAI said.
It ruled out realignment of the highway as the entire road has serpentine shape and most of the neighbouring land is either in the catchment area or in the forest area and further acquisition of land is not possible due to legal issues.
The forest official quoted above said it is virtually impossible to translocate 100-year old banyan trees to other places, though other trees could be translocated. “There is no proper protocol in place nor do the authorities have any scientific method to translocate centuries-old trees. What they translocate in most cases are tree trunks, after cutting down branches and roots and there is no guarantee that they would survive,” he said.
For the last two years, the activists of Save Banyan trees of Chevella have been organising nature walks on this route. In 2021 they even celebrated “Diwali under banyan trees” to mobilise support of the people for their cause. Hundreds of people gathered under the Banyan trees to celebrate the Diwali festival.
And this Diwali, it is time for them to celebrate the festival again since their fight for trees got an endorsement from the green tribunal. “There are no plans to celebrate Diwali this time yet, but we do celebrate it a little later. We want to be a little cautious, as we do not know what the NHAI is up to. We are also preparing to move the Supreme Court, if such a situation arises,” Sadhana said.