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Jharkhand High Court
Court On Its Own Motion vs The State Of Jharkhand And Others on 16 February, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (PIL) No. 3935 of 2020
Court on its Own Motion
Versus
The State of Jharkhand and others --- --- Respondents
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CORAM: Hon'ble The Chief Justice
Hon'ble Mr. Justice Rajesh Shankar
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For the Intervener: Mr. Indrajeet Samanta, (In person)
For the State: Mr. Sahbaj Akhtar, A.C to A.A.G-III
For the State of Bihar: Mr. S.P. Roy, G.A., Bihar
For the NHAI: Mrs. Sweety Topno, Advocate
Mr. Amrit Raj Kisku, Advocate
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24 / 16.02.2026
1. Learned counsel for the NHAI submits that the extension of eight weeks
may be granted for submitting the DPR concerning the alternate alignment
which is neither passing through the Core Zone of Wildlife nor through the
Eco-Sensitive Zone.
2. Considering the averment in I.A. No. 17055 of 2025, we allow the same
and grant the NHAI eight weeks' extension, as prayed for. However, within
eight weeks, necessary DPR must be prepared and submitted, given our order
of 30.10.2025 in which we had set out a timeline for completion of this
process. Further, in the order dated 30.10.2025, we had expressed our
dissatisfaction with the pace at which NHAI is proceeding, given the fact that
the existing stretch of road is hardly road worthy.
3. Further, we note that in our order dated 25.07.2024, we had recorded the
statement of Mr. Piyush Chitresh, learned A.C to A.G. that the State of
Jharkhand was coming out with a plan with respect to animal passage and
other features which could be reflected in the affidavit which shall be filed in
opposition to I.A. No. 4282 of 2024. Mr. Samanta who appears as an
Intervener, points out that no such plan has been filed by the State
Government. Mr. Shahbaj Akhtar, learned A.C to A.A.G-III who now appears
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for the State Government, first tried to submit that no such plan was necessary
because of shifting of the alignment, which will not disturb the core area of the
forest or any eco-sensitive zone.
4. However, we think that the statement made on behalf of the State
Government will have to be complied with. There is no point in making
statement and not complying such statements for more than two years. Upon
non-compliance being pointed out, the State Government is quick to offer an
excuse and request additional time for compliance. This certainly cannot be
appreciated.
5. An animal passage plan may be necessary in any event, as the NHAI has
not made any categorical statement that the alternate alignment will not pass
through a wildlife sanctuary. Accordingly, the State is granted two weeks' time
to file an affidavit, along with a plan, regarding animal passage and other
features. A copy of such an affidavit, along with the plan, must be submitted to
the NHAI within two weeks from today, so that NHAI and its consultant can
also consider it when preparing/finalising the DPR. This is one of the reasons
that has weighed with us in granting the NHAI an eight-week extension,
although we had noted in our previous order dated 30.10.2025 that we were
not satisfied with the pace at which the NHAI was proceeding in the matter.
6. In the meantime, we refer to our order dated 12.01.2026 and the affidavit
of Mr Manoj Kumar Pandey on behalf of NHAI filed on 11.02.2026. This
affidavit now states that a meeting of the State Board of Wildlife (SBWL) was
held on 01.08.2025, and minutes of the meeting were issued on 02.09.2025,
wherein the report submitted by the High Level Committee (HLC) was
reviewed, and SBWL suggested that NHAI submit a fresh proposal based on
alternative alignment.
7. The above affidavit further states that the NHAI, in accordance with the
direction of SBWL, and through the DPR consultant M/s Lion Engineering
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Consultant Pvt. Ltd., has prepared and proposed a green field project stretch-
Koderma-Rajauli Section in the States of Jharkhand and Bihar. There is a
categorical statement that this alignment passes through plain and rolling
terrain. Further, this alignment neither passes through the Core Zone of
Wildlife nor through the Eco-Sensitive Zone.
8. Paragraph 9 of the above affidavit states that the DPR will be formulated
in accordance with the approved alignment approved by the competent
authority of NHAI and the Ministry of Road Transport and Highways. After
approval of the proposed alignment, the alignment proposal will be submitted
to the State Board for Wildlife (SBWL) for compliance with directions issued
by SBWL vide Memo No. 973 dated 02.09.2025.
9. The above affidavit suggests that there is no longer any proposal to align
the Highway through the Core Zone of wildlife nor through any Eco-Sensitive
Zones. Further, in preparing the DPR for the alternative alignment excluding
these areas, the NHAI and the Ministry of Road Transport and Highways will
also have to consider any animal passage plan proposed by the State
Government. In short, all efforts will have to be made to ensure that the
existing Highways stretch is made roadworthy.
10. However, there should be no alignment, which could affect the Core
Zone of Wildlife or the Eco-Sensitive Zone. Since the earlier proposal would
have harmed the interests of the sanctuary and environment, the SBWL, quite
correctly, required the NHAI to submit a fresh proposal based on an alternative
alignment which would not affect the core zone of wildlife or the eco-sensitive
zone. All these aspects must be considered by the NHAI and Ministry of Road
Transport and Highways, so that the principle of sustainable development is
effectively complied with.
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11. We list the matter on 28.04.2026 to enable the NHAI to file a further
compliance report. However, our directions to the State to file its affidavit
along with the animal passage plan within two weeks stands.
12. A copy of such an affidavit must be supplied in advance to Mr Samanta
and also to Ms Sweety Topno, learned counsel appearing for the NHAI. If no
such affidavit is filed within the timeline now indicated, we give Mr. Samanta
liberty to apply and point out non-compliance. Such an affidavit will have to
be filed by the Secretary, Department of Forest, Environment and Climate
Change, Government of Jharkhand.
(M.S. Sonak, C.J)
(Rajesh Shankar, J)
February, 16 2026
Ranjeet/R. Kr.
Uploaded on
17-02-2026
