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Environmental activists oppose Kerala govt’s Wayanad twin tunnel project, move SC


What Happened

  • The Wayanad Prakrithi Samrakshana Samithi (WPSS) filed a petition in the Supreme Court seeking revocation of the environmental clearance granted for Kerala's proposed twin tunnel road project connecting Anakkampoyil in Kozhikode with the Kalladi region near Meppadi in Wayanad.
  • The petition was filed days after Chief Minister Pinarayi Vijayan inaugurated the rock excavation phase of the ₹2,043-crore project implemented by Konkan Railway Corporation.
  • Conservationists allege that the state government obtained environmental clearance by concealing crucial ecological and geological facts.
  • Key concerns include destabilisation of mountain terrain, fragmentation of elephant corridors, disruption of groundwater and hydrological systems, and loss of biodiversity in the Western Ghats.
  • The 8-km twin tunnel is designed to reduce travel time between Kozhikode and Wayanad districts significantly.

Static Topic Bridges

Western Ghats as a Biodiversity Hotspot and Ecologically Sensitive Area

The Western Ghats are one of eight globally recognised biodiversity hotspots and a UNESCO World Heritage Site (inscribed 2012). Though they cover just under 6% of India's geographic area, they harbour over 30% of all plant, fish, reptile, bird, and mammal species found in India, with approximately 50% of its amphibians and 67% of fish species being endemic. This ecological significance underpins the legal and scientific basis for challenging infrastructure projects in the region.

  • Gadgil Committee (2011) recommended 75% of the 129,037 sq km Western Ghats area be declared ecologically sensitive.
  • Kasturirangan Committee (2013) proposed 37% (approximately 59,940 sq km) as the Ecologically Sensitive Area (ESA), recommending bans on mining, quarrying, and large-scale construction.
  • A draft ESA notification has been issued and revised six times but has yet to become law due to objections from affected states including Kerala.
  • The total proposed ESA spans 56,825 sq km across Kerala, Karnataka, Tamil Nadu, Maharashtra, Goa, and Gujarat.

Connection to this news: The Wayanad tunnel passes through a zone that falls within the contested Western Ghats ESA boundary. The unresolved ESA notification is directly relevant to whether environmental clearance for the tunnel was legally valid and adequately considered ecological sensitivity.

Environmental Clearance Process Under the EIA Notification

The Environment Impact Assessment (EIA) Notification, 2006, issued under the Environment (Protection) Act, 1986, mandates that certain categories of projects obtain prior environmental clearance from the competent authority before commencing construction. Linear projects like tunnels and highway roads in ecologically sensitive zones require public consultation, baseline environmental studies, and assessment of cumulative impacts.

  • Projects are categorised as Category A (appraised by the Expert Appraisal Committee at the central level) or Category B (appraised at the state level).
  • Tunnel road projects in forested or ecologically sensitive terrain typically fall under Category A due to their scale.
  • Petitioners allege that the clearance was granted without full disclosure of hydrological and geological data, which is a procedural ground for challenging clearances in court.

Connection to this news: The Supreme Court petition directly questions whether the EIA process was followed in good faith, making this a test case for procedural rigour in granting clearances to projects in sensitive zones.

Judicial Review of Environmental Clearances

The Supreme Court and the National Green Tribunal (NGT) have jurisdiction to review environmental clearances when procedural lapses or concealment of material facts are alleged. Key precedents include the Vedanta Sterlite copper smelter case and multiple NGT orders cancelling clearances for projects in forest and coastal regulation zones.

  • Article 21 of the Constitution has been interpreted by courts to include the right to a clean and healthy environment (Subhash Kumar v. State of Bihar, 1991).
  • The precautionary principle and the polluter pays principle, both derived from international environmental law and incorporated into Indian jurisprudence, guide judicial review of such projects.
  • The NGT was established under the National Green Tribunal Act, 2010, and has original jurisdiction over environmental disputes; escalation to the Supreme Court typically occurs when constitutional questions or national importance are involved.

Connection to this news: By moving the Supreme Court directly, the petitioners are signalling that the case involves either constitutional questions or a challenge to a central government clearance, which is beyond the NGT's jurisdiction.

Key Facts & Data

  • Project cost: ₹2,043 crore; implemented by Konkan Railway Corporation
  • Tunnel length: approximately 8 km (twin bores)
  • Location: Anakkampoyil (Kozhikode) to Kalladi near Meppadi (Wayanad)
  • Petition filed by: Wayanad Prakrithi Samrakshana Samithi (WPSS)
  • Chief concern: Environmental clearance allegedly obtained by concealing ecological and geological data
  • Western Ghats: UNESCO World Heritage Site (2012); one of 8 global biodiversity hotspots
  • ESA draft notification issued 6 times without becoming final law; Kerala's proposed ESA area: 9,993 sq km
  • The tunnel is Kerala's first twin tunnel road project