In the midst of a clash of views between the ministries of transport and environment, amicus curiae Harish Salve introduced an emotional twist by telling the Forest Bench comprising Chief Justice K G Balakrishnan and Justices S H Kapadia and Aftab Alam that he wanted to withdraw his suggestions since he had been maligned for making them.
But by the time he had appealed to the Bench to treat his suggestion to widen the 18-metre-wide road to 30 metres as withdrawn, the Bench had moved ahead to ask the two ministers to thrash out the differences.
The apex court appointed high-powered environment panel Central Empowered Committee (CEC) had suggested an elevated corridor be built for the prupose of a proper highway through Pench Reserve, but taking into account the enormous expenditure of Rs 900 crore required for it had favourted widening of the existing road.
Appearing for the ministry of transport, additional solicitor general Vivek Tankha said that all parties -- Madhya Pradesh government, National Highway Authority of India and transport ministry -- were agreeable to Salve's suggestion and that the court could put its stamp of approval.
However, counsel for the Jairam Ramesh-headed ministry of forest and environment, advocate Harish Beeran put a spoke into the transport ministry's suggestion and said MoEF had serious objection to widening of the road.
Beeran said that widening of road to 30 metres would destroy a large number of trees in the dense forest in Pench Reserve, one of the well-protected habitat for tigers. He said MoEF was agreeable to CEC's suggestion for constructing an elevated corridor that would involve least cutting of trees and also not obstruct the elephant corridors.
The Bench told the ministry of transport that the government cannot have it both ways -- protection of tigers and environment and not spending money. It asked officials of the two ministries to hold a meeting and thrash out the differences and present a composite plan, if possible, to the court on January 29 when the matter would be taken up for hearing again