Madhya Pradesh High Court: In an application filed by the National Highway Authority of India (NHAI) seeking vacation of the impugned order whereby the Court restrained NHAI from undertaking any activity in the NHAI Tiger Corridor Case, the Division Bench of Sanjeev Sachdeva, CJ., and Vinay Saraf, J., directed the National Tiger Conservation Authority (NTCA) and National Board for Wildlife (NBWL) to assist the Court and explain the integrated landscape management plan proposed for managing the said area while ensuring that the wild life passage was not disturbed in a way that impeded on the free movement of wild life.
Background
In 2022, the petitioner filed the present writ petition claiming that the NHAI was widening NH-46 from Betul to Obedulaganj without seeking approval of the NBWL and the advice of the NTCA. NH-46 passes through the corridor between Satpura and Melghat Tiger Reserves. Thus, NHAI was required to obtain necessary permissions as per Section 38-O(1)(g) of the Wildlife (Protection) Act, 1972.
The Union and NTCA submitted that no such permission was granted to NHAI. Therefore, the Court remarked that it was apparent that whatever work is being done by the NHAI through the corridor between Satpura and Melghat Tiger Reserves was illegal. Accordingly, in view of non-compliance with the mandatory requirement under Section 38-O(1)(g), the Court directed NHAI to stop all activities that they were conducting on NH-46 until further orders vide the impugned order.
Thereafter, NHAI filed an application seeking permission to conduct maintenance work due to rain damage caused to certain roads. They further claimed that the road collapsed at various places and had become hazardous for the people moving there. However, the petitioner contended that under the guise of repairing, NHAI may build the four-lane road, which was the subject matter of this dispute.
On the last date, i.e., 22nd October 2024, NHAI contended that they had been granted the requisite clearances and approval, and pursuant to the clearances, an inspection was carried out by the officers of NTCA, and their report/recommendations were awaited. Accordingly, the Court directed that the report shall be placed before it.
Thereafter, the NHAI filed the present application.
Analysis
At the outset, the Court reiterated that vide the impugned order, it had restrained the NHAI from undertaking any activity through the corridor between Satpura and Melghat Tiger Reserves until further orders. The said order was passed considering that the NH passes through an important tiger and wildlife passage, thus any construction was likely to affect the movement of wild animals.
Upon perusal of the NHAI’s recommendations, the Court noted that, inter alia, in a span of 16 km, a corridor of approximately 1.2 km and 500 meters was proposed to be set up in addition to the earlier proposed passage.
For better appreciation of the recommendations, the Court directed NTCA and NBWL to assist the Court and explain the integrated landscape management plan proposed for managing the said area while ensuring that the wildlife passage was not disturbed in a way that impeded the free movement of wildlife.
Regarding the NTCA report sought by NHAI, the Court directed a responsible officer of the said committee/board to be present in the Court on the next date of hearing.
The matter was listed for 7th April 2026.
[Advait Keole v. Union of India, WP No. 28573 of 2021, decided on 23-03-2026]
Advocates who appeared in this case:
For the petitioner: Anshuman Singh
For the respondent: Additional Solicitor General Sunil Jain, Deputy Solicitor General S.M. Guru, Government Advocate S.S. Chauhan, Advocate Shrikrishna Sharma, Advocate Vikram Singh
