NEW DELHI: A plea has been filed in the Supreme Court looking for review of its December 8 judgement which upheld the notification for acquisition of land for the Rs 10,000-crore Chennai-Salem eight-lane inexperienced hall challenge.
The petition contended that the highest courtroom verdict has “Errors Apparent on the face of the Record” and would outcome in (*8*)
The plea filed by Salem resident Yuvaraj S said that the review software is based on the rivalry that the courtroom didn’t have the event to think about that regulation laid down for judicial review of purported “Public Policy” when there may be violation of a bigger coverage.
The prime courtroom, in its December 8 verdict, nonetheless, dismissed the enchantment of land homeowners towards the acquisition of their land for the challenge.
The apex courtroom’s verdict had come on a batch of appeals filed by the Centre and the National Highways Authority of India (NHAI) and few land homeowners and others together with PMK chief Anbumani Ramadoss.
These pleas have been filed towards the Madras High Court”s judgement, delivered on April 8, 2019, holding as “illegal and bad in law” the notifications issued beneath Section 3A(1) of the National Highways Act for acquisition of specified lands for building of the brand new freeway which was half of the bigger ”Bharatmala Pariyojna – Phase I5” challenge.
A bench of Justices A M Khanwilkar, B R Gavai and Krishna Murari had partly allowed the appeals of the Centre and the NHAI to the extent of quashing of the notification to amass land for the freeway challenge by the Madras High Court and gave its nod to once more proceed with the method.
“The impugned judgment and order is modified. The challenge to impugned notifications under Sections 2(2) and 3A of the 1956 Act, respectively, is negative. The Central Government and/or NHAI may proceed further in the matter in accordance with law for acquisition of notified lands for construction of a national highway for the proposed section/stretch,” the judgement had stated.
The bold 277.3-km-long eight-lane greenfield challenge goals to chop journey time between the 2 cities Chennai and Salem by half to about two hours and quarter-hour.
However, it has been dealing with opposition from a piece of locals, together with farmers, over fears of dropping their land, moreover environmentalists who’re towards felling timber for it.
The challenge runs by way of reserve forest and water our bodies.
Earlier, the excessive courtroom”s order had come on a batch of petitions filed by 35 land homeowners and PMK chief Ramadoss. They had challenged the land acquisition proceedings.
The excessive courtroom had made clear that grant of prior environmental clearance would undoubtedly require a radical examine of the world and earlier than that, a public listening to was wanted to be carried out.
It had additionally held as “unsatisfactory” the challenge report of a advisor and stated it wanted to be scrapped.
It had stated until a correct examine was made, the affect on the forest lands, water our bodies, wildlife, wildlife can’t be assessed.
Environmental clearance was obligatory because the challenge would have an adversarial affect on the atmosphere, together with water our bodies, it had stated.