National Highways Authority of India (hereinafter referred to as NHAI) through its Project Director at Karaikudi, has come to this Court by filing,

(i) Writ Petition No.1856/2013, with a prayer to issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 1st respondent/Secretary to Government, Public Works Department (PWD), Secretariat, Fort St. George, Chennai-9, vide his letter No.19148/P1/2012-2, dt. 27.09.2012, quash the same as illegal and consequently, direct the 1st respondent to issue NOC for road construction in Kandakathan Tank, Kovilur-Koneri Tank, Sanakarapuram Tank and Senjainattar Tank situated in Sivagangai District;

(ii) W.P. No.1857/13 - to issue a writ of certiorarified mandamus to call for the records of the 6th respondent/Assistant Engineer, PWD, Water Resources Organisation, Irrigation Section, Keeranur, Pudukottai District, vide his letter No.51/2012/AE(K), dated 09.11.2012, quash the same as illegal and consequently direct the 1st respondent/Secretary to Government to issue NOC for road construction in Kulathur Periyakulam, Keeranur Periyakulam, Thirumayam Thamarai Kanmoi, Thirumayam Vengai Kanmoi, Kundaru River and Vallaru River; and

(iii) W.P. No.1858/13 - to issue a writ of certiorari, calling for the records pertaining to the impugned order passed by the 3rd respondent/Chief Engineer, PWD, Water Resources Organization, Trichy, vide his letter No.412-M/Va.a4/Ko-36-3/2012/NOC-NH, dated 03.10.2012, and to quash the same as illegal.

2. These three writ petitions came to be listed before this Court as Specially Ordered cases. Inasmuch as all the cases being interconnected on claim, counter-claim and core-issues, after joint hearing of the same at length in many intervals, they are disposed of by this Common Order.

3. It is useful to refer, at the first instance, to the case of the petitioner on relevant crucial aspects, in brief, thus,

i) NHAI, after identifying the congested built-up areas in South India particularly in Trichy and neighboring Districts, delving into various aspects to provide free flow of vehicular traffic, be it light, medium or heavy and to ensure safe use of roads by pedestrians so as to prevent occurrence of accidents, and also considering the vital importance of a good road network that would help in booming of development activities in the sphere of movement of people and goods, agriculture, commerce, education, health and social welfare or even maintenance of law & order as well as security, initiated the project of upgradation of 2 lane with paved shoulders of Trichy-Karaikudi Section of National Highways (NH) 210 from Km.10/000 to Km.94/000 including Trichy Bypass on NH-67 from Km.110/016 to Km.135/930 with total length of 107.45 Kms. in the State of Tamil Nadu on BOT (Build, Operate and Transfer) Annuity Basis under National Highways Development Project (NHDP) Phase-III. The said project, initiated in terms of the Central Government's Policy decision to connect States, Cities and Districts, was estimated at the cost of Rs.374 crores and it included construction of a new Bypass to Trichy City branching near Thuvakudi on NH 67 at Km.110/016 intersecting NH 210 in Mathur at Km.124/671 and merging on NH-45B at Km.135/930 near Panchappur besides new bypass for Keeranur, Pudukkottai, Thirumayam and Karaikudi on NH 210. It is the specific case of the petitioner/NHAI that, at the time of filing the writ petitions, 65% of work has been completed with an expenditure of Rs.275 crores. The Project spread over in 3 Districts viz., Trichy, Pudukottai and Sivagangai would connect the following 5 National Highways :

a) Thanjavur - Trichy NH-67

b) Trichy - Madurai NH-45B

c) Trichy - Karur NH-67

d) Trichy-Karaikudi : Karaikudi-Ramnad NH-210

e) Trichy - Dindigul NH-45

In the total length involving 107.45 Kms, 67 Km. is new formation, of which, a length of 5.674 KMs. is passing through water bodies, namely,

(a) Tiruchi Bypass in Trichy Dis