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2002 Supreme(SC) 2242

SUPREME COURT OF INDIA
G.B. Pattanaik, S.N. Phukan, S.N. Variava, JJ.
Navin M. Raheja - Petitioner
Versus
Union of India and others - Respondent
W.P(C) No. 47 of 1998 Writ Petition (Civil) No.47 of 1998
Decided On : 07-03-2002

Advocate Appeared:
For the Appellant :Mr. Randhir Singh Jain and Mr. Prakash Shrivastava, Advocates.
For the Respondent:Mr. Arvind K. Sharma, Mr. P. Parmeswaran, Mr. Ashok Mathur, Mr. N. Ganpathy, Mr. C.S. Srinivasa Rao, Mr. K.K. Rai, Ms. Sadhna Sandhu, Ms. Hemantika Wahi, Ms. Sandhya Goswami, Mr. Anil Shrivastav, Mr. Satish K. Agnihotri, Mr. WA. Nomani, Mr. Anil Kumar Tandale, Mr.Khwairakpam Nobin Singh, Mr. Ranjan Mukherjee, Ms. A.Subhashini, Mr. A. Mariarputham, Ms. Aruna Mathur, Mr. Anurag D. Mathur for M/s Arputham,Aruna and Co., Mr. R.C. Verma, Mr. Mukesh Verma, Ms. Neeta Sinha, Mr. G. Prakash, Mr. Shakil Ahmed Syed, Mr. S.V. Deshpande, Mr. J.P. Dhanda, Mr. Annam D.N. Rao, Mr. Naresh K. Sharma, Mr. Sanjay K. Shandilya, Mrs V.D. Khanna, Mrs. Jayshree Anand, Addl.Adv.General,Punjab Mr. G. Sivabalamurugan, Mr. Rajeev Sharma, Mrs. Kirti Renu Mishra, Ms. Mona, Ms. Lira Goswami, Mr. Rajiv Mehta., Mrs. K. Amareshwari, Sr.Adv. Mrs. R. Madhavi Latha, Mr. TV. Ratnam, Mr. K. Subba Rao, Mr. VG. Pragasam, Mr. Sridhar P., Mr. Sudhir Mishra, Mr. G. Ramakrishna Prasad, Mr. Ajay K. Agrawal, Ms. Alka Agarwal, Mr. Mahesh Chandra, Mr. C. Siddharth, Advocates.

The court's decision emphasized the importance of obtaining approval for road construction from the Ministry of Environment within a specified timeframe.

Headnote:

Alignment Proposal - Road Construction - The court directed the state to submit the new road alignment proposal to the Ministry of Environment for approval within two weeks, with the Ministry required to make a final decision within four weeks thereafter.

Fact of the Case:

The state counsel stated that the new road alignment was pending consideration before the Chief Minister, and sought approval for submission to the Ministry of Environment. The court directed the state to submit the proposal within two weeks, with the Ministry required to make a final decision within four weeks.

Finding of the Court:

The court directed the state to submit the new road alignment proposal to the Ministry of Environment for approval within two weeks, with the Ministry required to make a final decision within four weeks thereafter.

Issues:

Ratio Decidendi:

Final Decision: The court ordered the state to submit the new road alignment proposal to the Ministry of Environment within two weeks, with the Ministry required to make a final decision within four weeks thereafter.

ORDER :

1. It is stated by the counsel appearing for the State of Uttaranchal that the new alignment of the road is pending consideration before the Chief Minister and on getting the approval of the Chief Minister, the same will be submitted to the Government of India, Ministry of Environment. The alignment proposal, after obtaining the approval of the Chief Minister be furnished to the Ministry of Environment, Government of India, within two weeks from today. The Ministry of Environment may consider the same and take final and appropriate decision within four weeks thereafter.

2. Put up this matter after 8 weeks.

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