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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
N.A.Ramachanda Raja – Appellant
Versus
Union of India - Respondent
W.P(MD)Nos.12215 and 18698 of 2023 and W.M.P.(MD)Nos.10453, 10455, 10456 and 15517 of 2024
Decided on : 30-04-2024
ENVIRONMENTAL CLEARANCE - LINK ROAD PROJECT - Tamil Nadu Highways Act, 2001; EIA Notification, 2006; TCP Act, 1971 - The court analyzed the legal requirements for environmental clearance under the EIA Notification, 2006, and the Tamil Nadu Highways Act, 2001. It concluded that the proposed 2 km link road does not constitute a new State Highway requiring prior environmental clearance, as it connects existing highways and falls within the prescribed limits. The court emphasized the importance of balancing development needs with environmental protection, ultimately allowing the project to proceed based on public interest and existing legal frameworks.
Fact of the Case:
The State Government issued orders for the formation of a link road between Rajapalayam-Sankarankovil-Tirunelveli and Tirumangalam-Kollam. Writ Petitions were filed challenging the notifications for land acquisition, arguing that prior environmental clearance was necessary under the EIA Notification, 2006, and that the project did not conform to the master plan under the TCP Act.
Finding of the Court:
The court found that the proposed link road was not a new State Highway and therefore did not require prior environmental clearance. It held that the project was necessary to alleviate traffic congestion and was in the public interest, allowing it to proceed despite the challenges.
Issues: 1. Whether the proposed link road project is a new State Highway requiring prior environmental clearance? 2. Whether the project complies with the master plan under the TCP Act? 3. Whether the implementation of the link road project should be allowed?
Ratio Decidendi: The court determined that the link road did not meet the criteria of a new State Highway as defined under the Tamil Nadu Highways Act, 2001, and thus was exempt from the requirement of prior environmental clearance. It also clarified that the project was consistent with the planning area regulations under the TCP Act.
Final Decision: The Writ Petitions were dismissed, allowing the State Government to proceed with the implementation of the link road project without the need for prior environmental clearance.
ORDER :
(Order of this Court was made by G.ARUL MURUGAN, J.)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order issued by the respondent No. 3 in G.O.(Ms).No.62, dated 02.05.2022 and to quash the same as illegal, consequently to direct the respondents to expedite the formation of ongoing link road in Rajapalayam Municipality related to 60 feet road from Chathirapatti road Jeya Anand Theatre (West) towards Angel School and ends at Tenkasi Road KSR petrol pump on the basis of public notice issued by the respondent No.11, in Na.Ka.No.F1/6063/2022, dated 17.02.2023 in accordance with law within the time stipulated by this Court.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 4th respondent culminating in the Notification dated 13.02.2023 bearing No.LA-VI (2)/030289/2023 issued under section 15(1) of the Tamil Nadu Highways Act, 1997, and to quash the same and to direct the 2nd respondent to obtain environmental clearance under the EIA Notification, 2006 for its proposed construction of its State Highways link road between Rajapalayam-Sankarankoil-Tirunelveli - Kollam Road (NH 744- Rajapalayam Government Hospital) in Virudhunagar District.
Since the issues involved in both the Writ Petitions filed as Public Interest Litigation are common, which is in respect of formation of a link road, both the Writ Petitions are heard together and disposed of with this common order.
2. The brief facts involved in the Writ Petitions is that the State Government issued G.O.(Ms)No.171, Highways and Minor Ports (HS2) Department, dated 16.10.2018, whereby, administrative sanction was accorded for a detailed project work for the formation of link road between Rajapalayam-Sankarankovil-Tirunelveli (State Highways-SH-41- Rajapalayam New Bus Stand) to Tirumangalam-Kollam Road (National Highway-NH-744-Rajapalayam Government Hospital) in Virudhunagar District. Pursuant to the detailed project report submitted, the Government vide G.O.(Ms)No.62, Highways and Minor Ports (HS2) Department, dated 02.05.2022 accorded administrative and financial sanction for land acquisition for the work of the above project, ie., formation of link road. Proceedings were initiated for acquiring lands and a notification under Section 15(2) of the Tamil Nadu Highways Act, 2001 (hereinafter referred to as “the Act”), was published on 29.09.2022 in the daily newspapers and after conducting a public hearing on 01.11.2022, notification under Section 15(1) of the Act was published on 13.02.2023. Public hearing, as per Section 19(2) of the Act, was conducted on 17.03.2023 and further public hearing under Section 19(5) of the Act was also conducted on 12.05.2023, pursuant to which, draft award valuation was prepared and has also been approved by the District Collector, Virudhunagar, on 14.06.2023. The land acquisition process got completed and disbursement of compensation had started and out of the lands situated in 73 survey numbers, compensation had already been paid to the land owners situated in 40 survey numbers and at this stage, the above Writ Petitions have been filed against the implementation of link road project.
3. Heard Mr.T.Lajapathi Roy, learned Senior Counsel appearing for the petitioner in W.P.(MD)No.12215 of 2023, Mr.Yogeshwaran, learned Counsel for the Petitioner in W.P.(MD)No.18698 of 2023, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the respondents 1 and 2 in W.P.(MD)No.12215 of 2023, Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.P.Thilak Kumar, learned Government Pleader, appearing for the respondents 3 to 10 in W.P.(MD)No.12215 of 2023 and for the respondents 1 to 4 in W.P.(MD)No.18698 of 2023, Mr.N.Dilip Kumar, learned Counsel appearing for the respondent No.11 in W.P.(MD)No.12215 of 2023, Mr.S.Ram
The court established that a project classified as a link road connecting existing highways does not constitute a new State Highway under the Tamil Nadu Highways Act, 2001, and therefore does not req....
The issuance of Section 3D Notification does not necessitate prior environmental clearance as it does not signify the commencement of construction activities.
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