The judgments elaborate upon ‘prior environmental clearance’ and the circumstances in which it must be taken. According to the Supreme Court, prior environmental clearance must be sought only after the land is notified for acquisition for building or constructing a national highway and vests with the executing authority, i.e., the National Highway Authority of India (NHAI).
When is prior environmental clearance necessary in land acquisition for national highways?
The Supreme Court has held that prior environmental clearance is not necessary while notifying any land for acquisition to construct or build a national highway. Prior environmental clearance must be taken before the actual construction or building work is commenced.
Supreme Court of India
The Project Director Project ... vs P.V. Krishnamoorthy on 8 December, 2020 Author: A.M. Khanwilkar
Bench: A.M. Khanwilkar, B.R. Gavai
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3976−3977 OF 2020
(arising out of SLP(C) Nos. 13384−13385/2019)
The Project Director, Project Implementation Unit
Versus
P.V. Krishnamoorthy & Ors.
With
CIVIL APPEAL NOS. 3978−3980 OF 2020
(arising out of SLP(C) Nos. 16098−16100/2019)
CIVIL APPEAL NOS. 3981−3984 OF 2020
(arising out of SLP(C) Nos. 18577−18580/2019)
CIVIL APPEAL NOS. 3985−3991 OF 2020
(arising out of SLP(C) Nos. 19160−19166/2019)
CIVIL APPEAL NO. 3992 OF 2020
(arising out of SLP(C) No. 18586/2019)
CIVIL APPEAL NOS. 3993−3994 OF 2020
(arising out of SLP(C) Nos. 1775−1776/2020)
Signature Not Verified
Digitally signed by DEEPAK SINGH
Date: 2020.12.08
13:26:49 IST
Reason:
CIVIL APPEAL NOS. 3995−3998 OF 2020
(arising out of SLP(C) Nos. 1777−1780/2020)
# 2
CIVIL APPEAL NOS. 3999−4001 OF 2020
(arising out of SLP(C) Nos. 1781−1783/2020)
JUDGMENT
A. M. Khanwilkar, J.
1. Leave granted.
2. These appeals emanate from the common judgment and ORDER1 of the High Court of Judicature at Madras 2 holding the notifications issued under Section 3A(1) of the National Highways Act, 19563 for acquisition of specified lands for development/construction of Chennai−Krishnagiri−Salem (National Corridor) 8 Lanes new National Highway4 (NH−179A and NH−179B) being part of the larger project − Bharatmala Pariyojna Phase I5, as illegal and bad in law on the grounds stated in the impugned judgment.
THE PROJECT 1 dated 8.4.2019 in W.P. Nos. 16146/2018, 16630/2018, 16961/2018, 19063/2018, 19385/2018, 20014/2018, 20194/2018, 20625/2018, 20626/2018, 20627/2018, 20647/2018,
20764/2018, 20969/2018, 21242/2018, 22334/2018 and 22371/2018 for short, the impugned judgment 2 for short, the High Court 3 for short, the 1956 Act 4 for short, C-K-S (NC) 5 for short, the Project
The Project (Bharatmala Pariyojna − Phase I) has been conceived as a new umbrella program for the highways sector that focuses on optimising efficiency of freight and passenger movement across the country by bridging critical infrastructure gaps through effective interventions like development of Economic Corridors, Inter Corridors and Feeder Routes (ICFR), National Corridor Efficiency Improvement, Border and International connectivity roads, Coastal and Port connectivity roads and Green−field expressways, traversing across around 24,800 kms in Phase−I. In addition, Phase I also includes 10,000 kms. of balance road works under National Highways Development Program6. The estimated outlay for Phase I came to be specified as Rs.5,35,000 crores spread over 5 years. The objective of the Program is stated as optimal resource allocation for a holistic highway development/improvement initiative. The two distinguishing features are said to be − effective delegation in appraisal/approval of individual project stretches and encouraging State Governments to participate in the development process through Grand Challenge. This Project intends to further the objective of the NHDP, which was being implemented 6 for short, NHDP in the past and had reached level of maturity. Resultantly, it was thought appropriate to redefine road development and have a macro approach while planning expansion of the national highways network with focus on recasting road development by bridging critical infrastructure gaps. The Program envisages a corridor approach in place of the existing package−based approach which has, in many cases, resulted in skewed development referred to therein, causing impediment in seamless freight and passenger movement.
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According to the Environment Impact Assessment (EIA) Notification, 2006 issued under the Environment Protection Act (EPA), 1986, prior environment clearance must only be sought before the “actual construction or building work” of the national highway has commenced by the executing agency (NHAI).
Prior environmental clearance is a crucial step in land acquisition by the government. It is important to identify the right stage of procuring a prior environmental clearance. If you are someone who wants to apply for prior environmental clearance or the one who is challenging it, you will want to engage the services of an expert lawyer who is well-versed with the complications of the law.
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