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2020 Supreme(Mad) 957

M.SATHYANARAYANAN, N.SESHASAYEE
Pandarinathan Govindarajulu – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Yogeshwaran A. for Poongkhulali B., K. Arvind, M.R. Jothimanian for Baluk K.
For the Respondents: G. Karthikeyan, R. Udhayakumar.

ORDER :

1. Another standoff between cause of environment and call of development. The challenge herein relates to the project of the National Highways Authority of India (NHAI) involving expansion of NH-45A that runs between Villupuram and Nagapattinam, for a distance of 179.555 kms. as part of its Bharatmala Pariyojana Project. No Environmental Impact Assessment (henceforth, EIA) study was undertaken to evaluate the environmental viability of the project, whereas, the Notification in S.O. 1533 issued by Ministry of Environment and Forest, dated 14.09.2006, under Rule 5 (3) of the Environment Protection Rules, 1986, and, as amended Vide notification in S.O. 2559 (E) issued by the Ministry of Environment and Forest, dated 22.08.2013, mandates EIA compliance for projects of laying new or expanding existing National Highways. The relevant item in the Notifications is reproduced here:

Project or Activity

Category with threshold limit

Conditions if any

7

Physical Infrastructure including Environmental Services

7(f)

Highways

(i) New National Highways.

(i) New St

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