MORTH submitted a request for diversion of 38.12 hectares (94.19 acres) over 2 years ago to upgrade 36.5 sqkm road from two lanes to four lanes. The plan involves felling 3,363 trees in Shivamogga division, while deputy conservator of forests, Sagar division, had raised 5 questions about the proposal, including the project affecting fragmentation of forest and sought ways to avoid them.

Moreover, a public hearing conducted without following due procedure had run into controversy with Green Lives Shivamogga Trust seeking action against assistant conservator of forests for facilitating an "illegal" project.

Noting that about 6.5 km of the stretch falls within Shettihalli wildlife sanctuary, the Trust said the public hearing was only facilitating illegal works.

Further, it said the user agency had failed to provide facts by stating that the project does not fall inside a protected area or eco-sensitive zone.

The Trust said the national highway officers had deliberately split the project work into two to avoid scrutiny by the Ministry of Environment, Forests and Climate Change (MoEF&CC).

Since any project involving diversion of over 40 hectares of forest requires clearance from an MoEF&CC panel, work on two key bridges which require 13.21 hectares was dropped from road widening plan.

Failure to disclose full scale of project not only undermines systems built to safeguard conservation, but makes it difficult to anticipate problems.

Noting that the requirement of land for combined works of the project will cross 50 hectares, the Trust demanded transparency in clearing the plan and thorough scrutiny. "This artificial segmentation amounts to violation of principle laid down by the Supreme Court in Lafarge Umiam Mining Pvt Ltd case and is a clear case of 'fait accompli'," the Trust said in a memo submitted on Jan 16.

But a month later, MoEF&CC issued in-principle approval for diversion of forest to build bridges. This, however, was based on clearance given by state forest department a year ago.

Shravan C M, the Trust secretary, said the road widening project passes through Shettihalli wildlife sanctuary and its eco-sensitive zone.

"The project cannot be fragmented to get piecemeal approvals. Granting stage-I forest clearance for adjoining stretch while proceeding with remaining section without mandatory clearances creates a classic fait accompli situation, defeating safeguards mandated by the Supreme Court in the Lafarge judgment. We urge the government to suspend all proceedings until entire project obtains all statutory approvals in accordance with law," he said.