Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway
4 years, 1 month ago

Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway

Live Law  

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. Prior Environmental Clearance not needed for land acquisition notification The Supreme Court observed that it is not necessary for the Central Government or the National Highway Authority of India to apply for prior environmental/forest clearances or permissions at the stage of planning or taking an in­ principle decision to formalize the project of constructing a new national highway manifested in notification under Section 2, including until the stage of issuing notification under Section 3A of the National Highways Act. The prior environmental clearance is required to be taken before commencement of the "actual construction or building work" of the national highway by the executing agency, the bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari observed while allowing the appeal filed against the Madras High Court judgment which had quashed the notifications issued for acquiring land for the Chennai-Salem eight-lane greenfield expressway project. To put it differently, it is incomprehensible that the stated 2006 notification obliges the Central Government to take prior permission even before the stage of "planning" and "finalisation of the project" such as in terms of the minutes dated 19.1.2018 followed by notifications under Sections 2 and 3A of the 1956 Act, as the case may be" The court said that the role of the competent authority under the environmental law or forest law is limited to scrutiny of the formalized project brought before it prior to its implementation by the executing agency, to ascertain whether it may have any environmental impact and if so, to impose such conditions by way of remedial steps to minimise and mitigate the impact while keeping in mind the need to fulfil the State's obligation of sustainable development.

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History of this topic

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
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2 days, 10 hours ago

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

Live Law  

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration …

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam
1 year, 8 months ago

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

Live Law  

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road. "Till the property of the petitioners is acquired by following due process of …

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court
2 years, 3 months ago

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court

Live Law  

The Supreme Court of India recently urged to take a view that advances the cause of justice rather than a technical view while dealing with matters on payment of compensation to land losers. It was submitted that in the order dated 29.01.2018, the Supreme Court had not directed the applicant-MTDC to deposit the entire compensation amount awarded by the Reference …

Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal: Bombay High Court
2 years, 3 months ago

Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal: Bombay High Court

Live Law  

The Bombay High Court has ruled that where the only documentary material relied upon by the claimant in the arbitral proceedings, is introduced on record surreptitiously and after the conclusion of hearing, the arbitral award is vitiated on account of patent illegality. The Court ruled that the said sale deeds were introduced on record behind the back of NHAI, after …

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project
2 years, 7 months ago

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project

Live Law  

The Allahabad High Court recently dismissed pleas challenging land acquisition notifications of the Union Government for the purpose of widening, maintenance, management, and operation of National Highways in district Pilibhit under the Green National Highway Corridor ProjectThe Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir noted that the project is for the development. The Allahabad High Court …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 8 months ago

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court

Live Law  

The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. Section 23 of the Land Acquisition Act, 1894 provides that the Court shall award an additional market value of 12% on the land acquired under the …

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway
2 years, 8 months ago

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway

Live Law  

The Gujarat High Court recently allowed the writ petition of a land-owner, seeking directions to re-compute the award passed by the competent authority in pursuance of land acquisition proceedings for the purpose of construction of Vadodara-Mumbai Expressway. The Petitioners sought that the compensation be revised by applying the market value of the land with Multiplier Factor-2 since the land was …

Plea In Supreme Court Seeks Review Of Judgment Upholding Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway
4 years ago

Plea In Supreme Court Seeks Review Of Judgment Upholding Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway

Live Law  

A review petition has been filed in the Supreme Court against its December 8, 2020 decision upholding the notifications issued for acquiring land for the Chennai-Salem eight-lane greenfield expressway project. The Review Application, through Advocate P. Somasundaram, is primarily premised on that the Judges of the three-judge bench of the Apex Court did NOT have the occasion to consider the …

Supreme Court Monthly Digest: December 2020
4 years ago

Supreme Court Monthly Digest: December 2020

Live Law  

High Courts Having No Commercial Division Competent To Consider Cancellation Of Design Under Section 22 Of Designs Act: Supreme Court Order dated December 1, 2020 The Supreme Court discussed the interplay between the Designs Act, 2000 and the Commercial Courts Act, 2015. Supreme Court Vacates 2-Yr Old Blanket Ban Restraining Other Courts From Hearing Disputes Related To BCCI, State Cricket …

Environmental Clearance Necessary Before Making Declaration Of Land Acquisition Under Section 3D Of National Highways Act : Supreme Court
4 years, 1 month ago

Environmental Clearance Necessary Before Making Declaration Of Land Acquisition Under Section 3D Of National Highways Act : Supreme Court

Live Law  

In its judgment upholding notifications for land acquisition for the Chennai-Salem eight lane expressway, the Supreme Court has observed that the declaration under Section 3D of the National Highways Act 1956 regarding acquisition of notified land, can be made only after environmental/forest clearance qua the specific land is granted.After a declaration is made. In its judgment upholding notifications for land …

Prior Environmental Clearance Not Required For Notifying Acquisition Of Land For National Highway: Supreme Court
4 years, 1 month ago

Prior Environmental Clearance Not Required For Notifying Acquisition Of Land For National Highway: Supreme Court

Live Law  

The Supreme Court on Tuesday held that prior environmental clearance is not necessary at the stage of notification of land acquisition proceedings for the purpose of national highway.The notifications for land acquisition for the Chennai-Salem eight lane expressway were upheld by the Court.The Court observed that it is not necessary for the Central Government or the National Highway Authority. The …

Salem-Chennai road project is of 'national importance', NHAI tells Supreme Court
5 years, 4 months ago

Salem-Chennai road project is of 'national importance', NHAI tells Supreme Court

India TV News  

The National Highways Authority of India told the Supreme Court Thursday that the Rs 10,000 crore Salem-Chennai 8-lane green corridor road project is of "national importance" and the Madras High Court had erred in quashing the land acquisition process. The NHAI told a bench headed by Justice N V Ramana that the high court had held that environmental clearance was …

SC will hear Centre\'s plea on Tamil Nadu expressway
5 years, 7 months ago

SC will hear Centre\'s plea on Tamil Nadu expressway

Deccan Chronicle  

New Delhi: The Supreme Court will hear on June 3 the Centre’s plea challenging the Madras High Court order quashing the land acquisition proceedings for acquiring land for 277 km Chennai-Salem Greenfield express highway that will come up on the agricultural and reserve forests lands. The court has been moved by the project director of Chennai-Salen express highway under the …

Salem-Chennai green corridor: Madras HC cancels land acquisition process, says project needs mega realignment
5 years, 9 months ago

Salem-Chennai green corridor: Madras HC cancels land acquisition process, says project needs mega realignment

Firstpost  

The ambitious 277.3 km long eight-lane greenfield project connecting Salem and Chennai under the Centre’s Bharatmala Pariyojana scheme aims to cut travel time between the two cities. Chennai: The Madras High Court Monday quashed land acquisition process for the Rs 10,000 crore Salem-Chennai eight-lane green corridor project, holding it required a mega realignment as the proposed route would have an …

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