INTRODUCTION
The Chenab Railway Bridge, located in the Reasi district of Jammu and Kashmir, is a marvel of modern engineering and a symbol of India’s infrastructural ambition. Towering 359 meters above the Chenab River and spanning 1,315 meters in length, the bridge surpasses even the height of the Eiffel Tower, making it the tallest railway arch bridge in the world. While the structure reflects India’s engineering excellence, it also reveals the complex legal and environmental challenges that major infrastructure projects often face. The journey from blueprint to completion was marked by legal scrutiny, environmental concerns, and logistical hardships, including multiple Public Interest Litigations (PILs) that nearly halted the project[1].
ENVIRONMENTAL CHALLENGES
The Chenab Bridge project traversed ecologically fragile and geologically unstable terrain, raising several environmental concerns. Located within a sensitive Himalayan ecosystem, the construction posed potential threats to biodiversity, forest cover, and riverine ecosystems.
KEY ENVIRONMENTAL ISSUES:
- Ecological Impact: The bridge’s alignment passed through areas rich in flora and fauna. Construction activities risk disturbing wildlife habitats and increasing deforestation.
- Impact on Water Quality: The Chenab River, a critical freshwater source, faced threats from sedimentation, construction runoff, and material dumping, which could endanger aquatic life.
- Waste Management: With over 25,000 tonnes of steel and 46,000 cubic meters of concrete used, responsible disposal of construction waste was vital to prevent pollution and ensure compliance with the Environment (Protection) Act[2].
ENVIRONMENTAL MITIGATION MEASURES
- Environmental Impact Assessment (EIA): Comprehensive EIAs were conducted to predict and evaluate potential environmental damage, followed by recommendations for mitigation.
- Sustainable Construction: Efforts were made to minimize ecological footprints by adopting green technologies, controlling emissions, and limiting deforestation.
- Community Engagement: Continuous dialogue with local communities, environmental NGOs, and other stakeholders ensures transparency and helps integrate indigenous concerns.
GEOLOGICAL AND CLIMATIC RISKS :
Situated in the young Himalayan fold mountains, the bridge faced extreme geological volatility. Risks included:
– Landslides and Earthquakes: The region’s seismic activity and susceptibility to landslides required robust structural planning. Wind speeds exceeding 266 km/h were factored into the design.
– Slope Stability: Stability of steep slopes was maintained through real-time geological surveys and expert advice from institutions such as IISc Bangalore. A dynamic ‘design-as-you-go’ model was adopted[3].
– Remote Terrain Logistics: Initial access relied on mules and horses until temporary roads (11 km on the north bank and 12 km on the south bank) were constructed, posing their environmental footprint.
LAND ACQUISITION AND REHABILITATION ISSUES
The construction of the Chenab Railway Bridge necessitated extensive land acquisition in Jammu and Kashmir, particularly in the Reasi district. The acquisition process invoked the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which mandates prior consent, fair compensation, and proper rehabilitation of displaced persons. However, several affected locals, including tribal communities, alleged inadequate compensation and lack of proper rehabilitation measures. There were also concerns that the acquisition did not fully comply with the principle of “free, prior, and informed consent” of the impacted residents. These grievances led to legal challenges and public interest litigations questioning the process’s legality and fairness. The lack of transparency in certain acquisitions raised constitutional concerns under Article 300A, which guarantees the right to property.
ENVIRONMENTAL CLEARANCES AND FOREST RIGHTS
The Chenab Bridge project required environmental clearances under the Environment (Protection) Act, 1986 and forest clearance under the Forest (Conservation) Act, 1980. Concerns were raised about the project’s Environmental Impact Assessment (EIA) process, with allegations of inadequate evaluation of seismic risks and biodiversity loss. Additionally, the construction crossed forested and tribal lands, invoking the Forest Rights Act, 2006, which mandates consultation with forest-dwelling communities. Critics argued that procedural requirements were bypassed, undermining environmental and tribal rights protections. These issues formed part of legal objections and PILs seeking greater compliance.
LEGAL CHALLENGES
Public Interest Litigations (PILs): Legal hurdles surrounding the Chenab Bridge were as significant as its engineering ones. A series of PILs raised concerns about:
– The alignment and engineering feasibility.
– The economic viability and rising costs.
– Safety in a conflict-prone and seismic zone.
In 2013, the Centre for Public Interest Litigation (CPIL), represented by Advocate Prashant Bhushan, filed a PIL before the Delhi High Court, seeking a detailed reassessment of the Katra–Banihal section of the Udhampur–Srinagar–Baramulla Rail Link (USBRL). The PIL also requested that the Central Vigilance Commission (CVC) examine the Ministry of Railways’ conduct and financial losses flagged by the Comptroller and Auditor General (CAG).[4]
EXPERT COMMITTEE AND JUDICIAL OVERSIGHT
Responding to the court’s directive, an expert committee chaired by E. Sreedharan, India’s ‘Metro Man’, was constituted to review the technical viability and safety concerns. The committee’s findings raised red flags regarding seismic vulnerability, proximity to the Line of Control (LoC), and geological risks.
In defense, the Railway Board submitted a detailed affidavit asserting that all safety, alignment, and structural concerns had been addressed. The Delhi High Court accepted this affidavit, stating:
“The Railway Board, after due consideration/examination of the Sreedharan Committee report, is delighted with the safety, security, and all other vital aspects of the existing alignment… the bridge over the Chenab is clear from the safety and security angles.”
SUPREME COURT’S FINAL WORD
In July 2016, the Supreme Court of India dismissed pending appeals against the High Court’s order, enabling the project to proceed unhindered. The apex court’s decision marked the end of prolonged legal uncertainty and underscored the judiciary’s recognition of the importance of uninterrupted infrastructure development.
CONTRACTUAL AND ARBITRATION DISPUTES
Legal challenges extended beyond public interest to contractual issues between the project contractor and the implementing agency, Konkan Railway Corporation Limited (KRCL)[5] and also with the Northern Railway[6].
Dispute Highlights:
– Contractors sought compensation for cost escalations due to inflation and policy changes, including withdrawn tax exemptions in J&K.
– Claims related to extra work, such as slope stabilization and realignment of viaducts, became contentious.
– These issues led to arbitration proceedings, with courts interpreting complex clauses on escalation, risk, and change orders.
STRATEGIC VS ENVIRONMENTAL BALANCING: A POLICY PARADOX
The Chenab Bridge is of immense strategic value, potentially serving both civilian connectivity and military logistics in a sensitive border state. However, this has led to a “strategic exemption” bias, where national security is often used to override environmental protocols.
Critics argue that:
- Environment Impact Assessments were rushed;
- Affected communities were sidelined;
- Post-facto clearances set a dangerous precedent.
This tension echoes the Supreme Court’s warning in T.N. Godavarman v UOI[7], where it observed:
“Development should not be at the cost of the environment, and vice versa. A balance must be struck.”
CONCLUSION
The Chenab Railway Bridge is more than an engineering marvel; it is a story of navigating India’s democratic and environmental processes. The project’s success depended not only on innovative design and structural brilliance but also on:
– Judicial willingness to scrutinize and then support public works.
– Transparent government processes and technical accountability.
– Community and environmental stewardship.
The bridge today stands as a symbol of India’s resilience, technological innovation, and commitment to balancing progress with ecological and legal responsibility. As trains glide over the mighty Chenab, the bridge reminds us that monumental achievements are often born not just of steel and concrete but of constitutional safeguards, public participation, and unwavering determination.
Author(s) Name: Souvik Das (South Calcutta Law College)\
References:
[1] ‘Chenab River Link: Besides Engineering Challenges, World’s Highest Rail Bridge Overcame Legal Hurdles Too’ THE TIMES OF INDIA (NEW DELHI, 8 June 2025)
[2] The Environment (Protection) Act 1986
[3] Ishita Roy, “‘Design As You Go’: How Prof G Latha’s Adapt And Improvise Approach Helped Her Overcome The Challenges Of Chenab Bridge” TIMESNOW (New Delhi, 9 June 2025)
[4] Pankaj Kumar, ‘Delhi HC orders board to review the alignment of the Kashmir rail link project’ GOVERNANCEnow (Noida, 30 May 2014)
[5] Konkan Railway Corp Ltd. v Chenab Bridge Project Undertaking (2023) SCR 215
[6] Chenab Bridge Project Undertaking v Northern Railway and Anr. AIRONLINE 2019 DEL 1876
[7] T.N. Godavarman v UOI (2002) 10 SCC 606