In Brief
The Supreme Court examined the validity of notifications under the National Highways Act, 1956, for acquiring land to construct a new expressway (Chennai-Krishnagiri-Salem National Corridor) as part of the Bharatmala project. The High Court had quashed the notifications, holding that prior environmental clearance was mandatory and the decision to change the original project (Chennai-Madurai Economic Corridor) lacked proper authority. The Supreme Court held: (1) Parliament has exclusive power to declare non-existent roads or green-field lands as national highways; (2) prior environmental clearance is not required before Section 3A notifications, only before commencement of construction; (3) the decision to modify the project was within ministerial discretion under approved guidelines; (4) time spent obtaining environmental clearances shall be excluded from the one-year deadline under Section 3D(3). The Court partly allowed the appeals of the Union and NHAI, quashing the High Court's order while upholding the direction to restore land entries.
The lawyer headnote and full judgment text are available to registered users.