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Supreme Court of India 2020-07-14 allowed

Director General (Road Development) National Highways Authority of India vs Aam Aadmi Lokmanch & Ors

Bench: 3 — Arun Mishra, Naveen Sinha, Aniruddha Bose

In Brief

NHAI and state authorities sought to challenge a High Court judgment that upheld the National Green Tribunal's compensation orders and a notification concerning hillside development restrictions, following flooding incidents. The Supreme Court held that the NGT's directions lacked scientific evidence and expert technical input. The notification was vague on key definitions ('hills') and applied arbitrarily across different terrains. Without supporting reasons or extraordinary circumstances, a blanket change of development plans was unconstitutional. The Court quashed the notification, allowed the appeals, and directed that legal heirs' suit be revived to continue.

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Administrative Law Environmental Law National Green Tribunal Civil Procedure Public Interest Litigation Compensation Infrastructure Constitutional Law

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