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Supreme Court of India 2021-01-19 allowed

National Highways Authority of India vs Pandarinathan Govindarajulu & Anr

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court clarified that prior environmental clearance is not automatically required for National Highway expansion projects exceeding 100 km, unless the project involves land acquisition beyond 40 meters on existing alignments or 60 meters on realignments. The Court held that environmental rules cannot be circumvented through project segmentation. The judgment confirmed that 'right of way' encompasses the existing highway width plus acquired land. It also reinforced that highway authorities must plant ten trees for every tree felled. The appeals by the National Highways Authority were allowed while noting ongoing reafforestation obligations."

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Environmental Law Infrastructure - Highways Environmental Clearance Land Acquisition Statutory Interpretation Administrative Law

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