Before declaring a stretch as national highway as effectively as expressing its intention to obtain the land for developing, operating or upkeep of such roads, the Centre is not necessary to get prior environmental or forest clearance below the laws, the Supreme Court stated on Tuesday. The prime court created this important observation in its judgement upholding the notification for land acquisition of Chennai-Salem eight-lane green corridor, worth Rs 10,000 crore project. While examining the choice of Madras High Court’s that a prior environmental clearance was necessary for the project, a bench of Justices A M Khanwilkar, Krishna Murari, B R Gavai dealt with relevant provisions of the National Highway Authority of India Act, 1988, National Highways Rules, 1957 and National Highways Act of 1956, according to a PTI report.
On April 8, 2019, the HC verdict had held as illegal and negative in law the notifications issued below NHs Act’s Section 3A(1) for acquisition of specified lands for improvement of the new highway, aspect of the bigger ‘Bharatmala Pariyojna Phase I5’ project. In the 140-judgement, Justice Khanwilkar stated that in the 1956 Act, there is absolutely nothing which impels the Centre to get prior atmosphere clearance.
Reverting to the MoEF’s notification which was issued on September 14, 2006, even this notification does not constrict the Centre’s energy to concern notification below Section… There is absolutely nothing to recommend that prior environmental/forest clearance is necessary ahead of expressing intention to obtain any land for the objective of the 1956 Act, it stated. However, ahead of commencing the actual work or executing the proposed project, the forest or environmental clearance is necessary to be obtained by the executing agency in terms of this notification, it stated. However, SC has not expressed any opinion either way on the correctness as effectively as validity of the clearances or permissions accorded by the competent authorities below the laws of atmosphere and forest.
The orders granting permissions below the forest and atmosphere laws have been not the topic matter or the concerns ahead of the HC. Hence, it would be open to query the validity ahead of the acceptable forum to the persons who are impacted, it stated. The efficacy of the clearances or permissions granted by the competent authority below the forest or atmosphere laws have not been examined by them. The choices could be looked at only if these permissions/clearances are assailed, it stated.
The ambitious eight-lane green field project, which is 277.3 kilometres lengthy, connecting Salem and Chennai below the ‘Bharatmala Pariyojana’ scheme of the central government, aims to decrease the travel time in between the two cities by half to almost two hours and 15 minutes. However, the project has been facing opposition from a section of locals, like farmers as effectively as environmentalists.