Border Highways Exempted from Prior Environmental Clearance, Centre Issues Safeguards

SRINAGAR: The Government of India has stated that highway projects within 100 kilometres of the international border and the Line of Control (LoC) will not require prior environmental clearance; however, their construction and operation will be subject to strict environmental safeguards. The Ministry of Environment, Forests and Climate Change has issued a Standard Operating Procedure (SoP) that lays down the conditions under which such projects can move forward.

The ministry explained that the exemption, notified in July 2022, does not mean developers can bypass other statutory permissions required under different laws, rules or regulations. Instead, the SoP issued on February 6, 2023, makes it mandatory for project authorities to undertake detailed studies, adopt safe construction methods and put in place comprehensive protection plans before work begins.

According to the order, all projects in the border and LoC regions must be preceded by risk assessments, landslide management strategies and disaster management plans. If the alignment passes through hilly areas, technical institutes must conduct studies on slope stability, seismic activity and ecological fragility to ensure construction does not destabilise the terrain. Landslide prevention measures, soil erosion controls, and rockfall protection must be carried out under the supervision of subject experts.

The SoP also lays down requirements for tunnelling and horizontal drilling, stipulating geological and environmental studies to safeguard nearby habitations, flora and fauna. Quarrying, if undertaken, must be barricaded and later rehabilitated into water reservoirs. In addition, the guidelines stress proper management of construction waste, including hazardous and bituminous material, so that neither soil nor groundwater is contaminated.

The memorandum calls for baseline surveys of air and noise quality before work begins, with developers required to adhere to Central Pollution Control Board norms during construction. On water management, the ministry has said that natural rivers, creeks, flood plains and drainage systems must not be diverted or disturbed. Rainwater harvesting structures are to be built along the highways, and projects passing through flood-prone areas must include detailed assessments of micro drainage and flood periodicity.

Traffic planning has also been included in the environmental safeguards, with project proponents directed to carry out detailed circulation studies and integrate alignments with existing road networks. Safety measures such as underpasses, signboards and road markers will be mandatory. Avenues of plantation have been made a requirement, with native species to be planted on both sides of the road. Any trees felled must be compensated with afforestation in the ratio of ten new saplings for every tree lost, and the plantation drives will be geo-tagged and periodically monitored to ensure survival.

The ministry has further directed that adequate funds be earmarked for pollution control and environmental protection measures, with project websites publishing compliance reports. State Pollution Control Boards will be responsible for periodic monitoring before, during and after construction.

The SoP clarifies that projects passing through forests, coastal regulation zones or within 10 kilometres of wildlife sanctuaries will still require specific clearances under the Forest Conservation Act, CRZ notifications and the National Board for Wildlife. Rehabilitation and resettlement of project-affected people must also follow approved plans.

Officials said the new framework seeks to balance the strategic importance of border highway connectivity with the need to safeguard fragile ecosystems, ensuring that national security imperatives do not come at the cost of environmental collapse.