JUDGMENT :

A.M. KHANWILKAR, J.

1. Leave granted.

2. These appeals emanate from the common judgment and order 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"] of the High Court of Judicature at Madras ² [for short "the High Court"] holding the notifications issued under Section 3A(1) of the National Highways Act, 1956 ³ [for short "the 1956 Act"] for acquisition of specified lands for development/construction of Chennai-Krishnagiri-Salem (National Corridor) 8 Lanes new National Highway ⁴ [for short "C-K-S (NC)"] (NH-179A and NH-179B) being part of the larger project - "Bharatmala Pariyojna Phase-I ⁵ [for short "the Project"], as illegal and bad in law on the grounds stated in the impugned judgment.

THE PROJECT

3. 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 Program ⁶ [for short, "NHDP"]. 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 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.

4. The components and outlay of the Project, as approved by the Cabinet Committee on Economic Affairs ⁷ [for short "the CCEA"] to be implemented over a period of 5 years i.e. 2017-2018 to 2021-2022, provide for the breakup of length of the different components and the outlay therefor. Although the Project stretches had been identified taking into account integration of economic corridors with the ongoing projects under NHDP and infrastructure asymmetry in major corridors, an express discretion has been bestowed on Minister - Road Transport & Highways to substitute/replace upto 15% length of 24,800 kms. for the Project (Phase-I of program) by other suitable projects, if development of certain identified stretches cannot be taken up on account of issues pertaining to alignment finalisation, land availability and other unforeseen factors whilst retaining the target and budget proposed for Phase I.

5. In furtherance of the Project, a meeting was held on 19.1.2018 under the Chairmanship of Secretary (Road Transport & Highways) for optimising Economic Corridors in the State of Karnataka, Andhra Pradesh, Tamil Nadu and Kerala identified under the Project, which was also attended by Member (P), National Highway