Jeganathan Mhc Advt: [Breaking] Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway https://www.livelaw.in/top-stories/chennai-salem-expressway-supreme-court-land-acquisition-166940 [12/8, 11:02] Sekarreporter1: The Supreme Court on Tuesday upheld the notifications issued for acquiring land for the Chennai-Salem eight-lane

[12/8, 11:01] Jeganathan Mhc Advt: [Breaking] Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway

https://www.livelaw.in/top-stories/chennai-salem-expressway-supreme-court-land-acquisition-166940
[12/8, 11:02] Sekarreporter1: The Supreme Court on Tuesday upheld the notifications issued for acquiring land for the Chennai-Salem eight-lane greenfield expressway project.

Partly allowing the appeals of the Union of India and the National Highways Authority of India, the top court reversed the Madras High Court judgment to the extent it quashed the land acquisition notifications.

The Court said that it has negatived the challenge against the notifications issued under the National Highways Act.

However, the top court has maintained the directions in paragraph 106 of the High Court judgment regarding the reversal of entries in the revenue records which stood mutated following the acquisition notification. Fresh notification proceedings need to be issued with respect to the acquisition of those lands.

A bench comprising Justices A M Khanwilkar, BR Gavai and Krishna Murari delivered the judgment in the appeals filed by Central Government and the National Highway Authority of India(NHAI) against the Madras High Court judgment which quashed the notifications for acquisition of land for the highway project.

High Court judgment

On April 8, 2019, the Madras High Court quashed the acquisition proceedings for the 277 kilometer proposed highway passing through agricultural as well as reserve forest land.

The prime issue in the case was whether prior environmental clearance was necessary before acquiring lands for the highway project.

A division bench of Justices T S Sivagnanam and V Bhavani Subbaroyan of the High Court held that that prior environmental clearance under the Environment Protection Act 1986 was necessary before acquiring land invoking the powers under the National Highways Act. The bench rejected the argument advanced by the Centre, Tamil Nadu Govt and National Highway Authority of India that environmental clearance was not needed at the time of “securing” the land for highway construction and that it was needed only at the time of actual laying of the road. The Court termed this argument as “putting the cart before the horse”.

“Considering the peculiar facts of the instant case, magnitude of the project, the proposed alignment, which admittedly cuts across the Forest land, water bodies, big and small fertile agricultural lands etc., it is necessary that prior environmental clearance is required before the respondents proceed further, pursuant to the notification under Section 3A(1) of the Act”, the HC said.

‘Prior Environmental Clearance Necessary For NH Land Acquisition’, Madras HC Quashes Acquisition For Chennai-Salem 8 Lane Highway [Read Judgment]

The conclusion of the Court was based on the fact that large tracts of agricultural lands and forest lands were proposed to be acquired for the project. The Court said that the issue has to be approached applying the “public trust doctrine”, as per which the State holds public land and resources at trust for benefit of people. The Court put particular emphasis on the fact that the acquisition will impact large tracts of fertile farm lands.

The High Court also noted that the proposed Green Field Highway with closed toll policy system is difficult to access for a common man.The NHAI stated that the road is an access control road to mean that the road is accessible only at designated spots which appears to be in four to six places between Chennai and Salem.

“it is hard to believe that a small businessman in Vandavasi or Polur would stand benefited on account of this express way, where the traffic is zipping in speeds over 120 kms and to reach the small towns and villages, one has to travel several kilometres to take a spur and drive back to these small towns. Therefore, the projection made by NHAI, as to the benefits of the project highway appears to be illusory”

(Story to be updated after receiving Supreme Court judgment)

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