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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Anant Mandgi – Appellant
Versus
Union of India, Ministry of Road Transport and Highways, Rep by its Secretary, No.1, Parliament Street, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's objections and arguments (Para 3 , 4) |
| 2. legal requirements for environmental clearance (Para 10) |
| 3. final decision and dismissal of petitions (Para 13) |
ORDER :
Krishnan Ramasamy, J.
These writ petitions have been filed challenging the impugned Notification dated 08.03.2019 issued by the 1st respondent and the impugned order dated 25.06.2019 passed by the 2nd respondent.
2.Brief facts of the case:
2.1 In the case on hand, initially, a notification dated 12.07.2018 came to be issued by the 1st respondent for acquisition of subject lands, to an extent of 25941 Hectares, which spread across 25 villages, for public purpose, i.e., formation of the National Highway “NH 948A”. Out of the said total extent, the petitioner's land is about 0.8195 Hectares. Subsequently, the petitioner sent a letter dated 25.07.2018 to the 2nd respondent, whereby he requested for personal hearing and also explained that there were no concrete alignment of proposed ring road and the remaining portion of the land will become redundant after the acquisition. Upon receipt of the said letter, the Surveyors had visited the subject land.
2.2 Thereafter, another letter dated 20.08.2018 was com
The issuance of Section 3D Notification does not necessitate prior environmental clearance as it does not signify the commencement of construction activities.
Environmental clearance is required prior to commencing construction work, not before issuing notification under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.
The court clarified that the declaration of land as a National Highway before acquisition and the Competent Authority's order under the 1956 Act do not require strict adherence to judicial procedures....
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
Point of law: Land Acquisition - Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has b....
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