Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Environmental and ecological considerations, while important, do not justify indefinite stays in projects of national importance, especially when environmental clearances have been obtained after due process. The courts have underscored that the importance and need of carrying out large projects of public importance by maintaining environment balance should be balanced against the need to prevent unnecessary delays ["National Highways Authority Of India VS State Of Maharashtra - Bombay"].
Analysis and Conclusion:
In India's rapidly developing landscape, infrastructure projects like high-speed rails, highways, and pipelines are vital for economic growth. However, legal challenges often lead to stay orders that delay these initiatives. A common query arises: In which N.G. project judgment has it been stated that no stay should be granted in projects of national importance?
The Supreme Court has repeatedly addressed this, establishing clear jurisprudence that courts must exercise extreme caution before granting stays in such cases. This principle prioritizes public interest over individual claims, preventing undue delays that could cost billions and harm national progress. This post delves into key judgments, judicial reasoning, and related precedents.
The Supreme Court has consistently held that stays should generally not be granted in projects of national importance. These projects, including mega infrastructure like high-speed rail corridors and transmission lines, serve the larger public good. Delays from interim relief can impede execution, escalate costs, and undermine constitutional obligations toward citizens. [
#SupremeCourtIndia, #NationalProjects, #InfrastructureLaw
Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/instrumentalities from discharging ... Since the construction of road is an infrastructure project and keeping in view the intent of the legislature that infrastructure projects should not be stayed, the High Court ....
Even while entertaining the writ petition and/or granting the stay which ultimately may delay the execution of the Mega projects, it must be remembered that it may seriously impede the execution of the projects of public importance and disables the State and/or its agencies/ instrumentalities from discharging ... Since the construction of road is an infrastructure project and keeping in view the intent of the legislature that infrastructure projects should not be stayed, the High Court....
The said project is of national importance. Techniques will be adopted for a minimal impact on the environment. The project is already delayed which is affecting the competitiveness of the Project. The State Government has also stated that the said project is a Category A project. ... JUDGEMENT PRESENT: Hon’bleMr. Justice Raghuvendra S. ... Therefore the Project Proponent placed the proposal before the MoEF and t....
Principles of equity and natural justice stay at a distance. ... However, in the absence of these occurrences, Courts would be impelled to stay their hands. Ms. ... It is stated that the Petitioner personally visited the said office as well and the Project Director agreed to the contention of the Petitioner, but stated that he would be unable to do so. ... To substantiate its capacity and its work experience, five eligible projects were submitted by the Petitioner, with Proje....
Singh, this Court has granted permissions for execution of various projects by several proponents including the National Highways Authority of India for execution of works of public importance. 22. ... Singh would submit that this Court has granted permissions for execution of several other projects of public importance. In support of his contention Mr. Singh would rely on the following judgments; (i) (National High Speed Rail Corporation Ltd. Vs. .....
Singh, this Court has granted permissions for execution of various projects by several proponents including the National Highways Authority of India for execution of works of public importance. 22. ... Singh would submit that this Court has granted permissions for execution of several other projects of public importance. In support of his contention Mr. Singh would rely on the following judgments; (i) National High Speed Rail Corporation Ltd. ... How....
Suffice it to observe that in such cases of public importance of Metro Rail Project, there should not be any interim stay, rather an effort should be made to decide the matter finally at an early date. ... The challenge to the acquisition proceedings and notification is related to the development of infrastructure along the Jammu-Srinagar National Highway, which was a project of public importance, strategic and otherwise. ... In other petitions also pertaining to the same Pro....
the Hon’ble Supreme Court highlighted the importance of considering the broader environmental impacts of large-scale projects near ecologically sensitive areas, particularly the Okhla Bird Sanctuary. ... According to the High Court, if segmentation of National Highway projects is permitted, the Notifications dated 14-9-2006 and 22-8-2013 would become a dead letter as every National Highway beyond 100 km can be divided into packages to avoid environmental clearance. ... (iii) Interaction with other #HL_....
the Hon’ble Supreme Court highlighted the importance of considering the broader environmental impacts of large-scale projects near ecologically sensitive areas, particularly the Okhla Bird Sanctuary. ... According to the High Court, if segmentation of National Highway projects is permitted, the Notifications dated 14-9-2006 and 22-8-2013 would become a dead letter as every National Highway beyond 100 km can be divided into packages to avoid environmental clearance. ... (iii) Interaction with other #HL_....
the Hon’ble Supreme Court highlighted the importance of considering the broader environmental impacts of large-scale projects near ecologically sensitive areas, particularly the Okhla Bird Sanctuary. ... According to the High Court, if segmentation of National Highway projects is permitted, the Notifications dated 14-9-2006 and 22-8-2013 would become a dead letter as every National Highway beyond 100 km can be divided into packages to avoid environmental clearance. ... (iii) Interaction with other #HL_....
The pipeline alignment is fixed judiciously with minimum land acquisition only and new ROW is acquired only wherever essentially required. Further, the delay in this matter will cause serious problems and the respondents are unable to implement the project of National importance on time. Any change in the pipeline alignment will lead to further delay in the project, resulting in usage of large public money. Hence, there will be drastic reduction in expenditure towards land acquisition and compensation and the project is of national importance and public benefit.
The project of national importance and which a national highway is, should not be unnecessarily delayed. Therefore, the object being to pay the amount determined by the competent authority or by the arbitrator before taking possession of the land, that has to be disbursed to the person or persons entitled thereto. This follows deposit of the amount with the Central Government.
He referred to the decision of this Court in Delhi Admn. Mr. Venugopal submitted that in respect of projects of national importance, the balance of convenience and inconvenience of the majority of the citizens would have to be considered as opposed to private interests. vs. Gurdip Singh Uban ((2000) 7 SCC 296), wherein it was held that when several plots of land are involved in an acquisition, the objection of several individual plot owners could not be entertained even under Section 5-A of the 1894 Act, particularly, because when several LA Collectors were dealing with dif....
The projects of national importance creating infrastructure are not to be interfered with in the manner, it has been done by the courts below. The courts have to be extra cautious in dealing with such cases. As is evident from the material placed on record, the dispute seems to be between respondents No. 1 & 2 and Jaswant Singh, who are neighbours. 7. It is a case where both the courts below have not appreciated the fact as to what disaster the orders passed by them was going to cause.
In the case of projects of national importance where the Union of India and/ or more than one State(s) are involved and the project would benefit a large section of the society and there is evidence to show that the said project had been contemplated and considered over a period of time at the highest level of the States and the Union of India and more so when the project is evaluated and approval granted by the Planning Commission, then there should be no occasion for any court carrying out any review of the same or directing its review by any outside or “independent” agency or bo....
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