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2014 Supreme(Mad) 389

HIGH COURT OF JUDICATURE AT MADRAS
N. PAUL VASANTHAKUMAR & P. DEVADASS, JJ.

National Highways Authority of India, rep. by its Project Director & Others
Versus
Government of Tamil Nadu, rep. by its Chief Secretary to Government & Others
Writ Petition Nos. 5934, 33152 of 2013 & 21638 of 2012
Decided on: 20-02-2014

Advocate Appeared
P. Wilson, Addl. Solicitor General, assisted by K. Karthik Jagannath, S. Kathiravan, N.G.R. Prasad for B. Ullasavelan A.L. Somayaji, AG assisted by T.N. Rajagopalan, Spl. Government Pleader, M. Perumal, G. Masilamani, Addl. Solicitor General assisted by R. Karthikeyan, K. Krishnamurthy, C. Kanagaraj, K. Mohanamurali, N. Sampath, B.B. Senthilkumar, Doraikannan, S. Rajasekar, Advocates.

Headnote:Transport Law – Advantages in completing big projects are more than disadvantages. PWD’s objection 1 to construction of 32 pillars Cooum river bed was not justified as such order was given as a public order keeping in mind public interest. CRZ clearance was obtained and it was not in conflict with Master Plan of CMDA. Writ was issued setting aside order of Chief Engineer.

ORDER

N. Paul Vasanthakumar, J.

1. The National Highways Authority of India (NHAI), represented by its Project Director, Chennai, has filed W.P.No.5934 of 2013 seeking to quash the order dated 28.1.2013 issued by the Chief Engineer, Public Works Department, Water Resources Organisation, Chennai Region, Chennai-5, and for a consequential direction to the respondents 1 to 9 to co-ordinate and take all steps to proceed with the project "Chennai Port Maduravoil Elevated Corridor" in accordance with G.O.Ms.No.63 Highways Department, dated 7.3.2008 and G.O.Ms.No.20 Highways (Minor Ports) Department, dated 4.2.2011, within a time frame.

2. W.P.No.21638 of 2012 is filed as PIL to quash the order of the Chief Engineer, PWD WRO, Chennai Region, Chennai-5, issued in letter dated 29.3.2012 and direct the respondents to co-ordinate and take all steps to proceed with the project "Chennai Port Maduravoil Elevated Corridor" in accordance with G.O.Ms.No.63 Highways Department, dated 7.3.2008 and G.O.Ms.No.20 Highways (Minor Ports) Department, dated 4.2.2011, within a time frame.

3. W.P.No.33152 of 2013 is also filed as a PIL for issuing a writ of mandamus directing the respondents to proceed with Chennai Port-Maduravoil Elevated Corridor Expressway Project and forthwith complete the said project.

4. As the issue raised in all these writ petitions are common, these writ petitions are clubbed together and posted before us as specially ordered matter and heard by us and by this common order these writ petitions are disposed of.

5. The case of the National Highways Authority of India (NHAI) in the affidavit filed in support of W.P.No.5934 of 2013 are as follows:

(a) NHAI is an authority constituted by the Central Government, functioning under the Ministry of Road Transport and Highways, which is the implementing authority of various road projects, entrusted by the Central Government, throughout India.

(b) The Chennai Port is the third largest port in India in terms of cargo handling, which is located in one periphery of eastern side of Chennai and it is an all-weather port with diverse cargo mix of petroleum products, fertilizers, container cargo and general cargo. Chennai Port having been situated in the heart of Chennai City and due to intense urban development all around the Port, reaching Chennai port by road during day time/peak hours is impossible and arterial roads are occupied by heavy local traffic during day time, causing heavy traffic congestion.

(c) Due to traffic regulations, many of the roads are not allowed for commercial traffic carrying cargo during day time and therefore the vehicles carrying cargo to the port are forced to take circutus route, resulting in additional time and longer distance travel causing congestion on the roads and wastage of fuel, etc. Therefore, the Central Government thought it fit to execute the longest elevated "Chennai Port-Maduravoil Elevated Corridor" involving Rs.1,800 crores with a total length of 19 kms, which was undertaken at the behest of the Government of Tamil Nadu and Chennai Port Trust and so far, more than Rs.500 crores have been invested.

(d) The said project envisages direct access to Chennai Port from the outskirts of Chennai City round the clock, without any traffic regulations, which will help speedy movement of Cargos. The said project will help in augmenting the revenue to Central Government and State Government by way of taxes, besides improving Trade and Commerce. It is not only for the development of Chennai Port, but also to help the local traffic to use the corridor, round the clock, as there are entry and exit ramps into the corridor for the local traffic to reach the High Court, Rajiv Gandhi Government General Hospital, Madras Medical College, Parrys Corner, Central and Egmore Railway stations and major hospitals located enroute the elevated corridor viz., KMC, Apollo Hospital, Government Estate, Island grounds, from Maduravoil/Koyambedu, Annanagar, Amanjikarai, etc. After the completion
































































































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