THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT Vs. P.V. KRISHNAMOORTHY AND OTHERS
LAWS(SC)-2020-12-15
SUPREME COURT OF INDIA
Decided on December 08,2020

The Project Director, Project Implementation Unit Appellant
VERSUS
P.V. Krishnamoorthy And Others Respondents

JUDGEMENT

A.M.KHANWILKAR, J. - (1.) Leave granted.
(2.) These appeals emanate from the common judgment and order[1] of the High Court of Judicature at Madras[2] holding the notifications issued under Section 3A(1) of the National Highways Act, 1956[3] for acquisition of specified lands for development/construction of Chennai-Krishnagiri-Salem (National Corridor) 8 Lanes new National Highway[4] (NH-179A and NH-179B) being part of the larger project - "Bharatmala Pariyojna - Phase I[5]", as illegal and bad in law on the grounds stated in the impugned judgment. [1] dated 8.4.2019 in W.P. Nos. 16146/2018, 16630/2018, 16961/2018, 19063/2018, 19385/2018, 20014/2018, 20194/2018, 20625/2018, 20626/2018, 20627/2018, 20647/2018, 20764/2018, 20969/2018, 21242/2018, 22334/2018 and 22371/2018 -for short, "the impugned judgment" [2] for short, "the High Court" [3] for short, "the 1956 Act" [4] for short, "C-K-S (NC)" [5] for short, "the Project" THE PROJECT
(3.) The Project (Bharatmala Pariyojna - Phase I) has been conceived as a new umbrella program for the highways sector that focuses on optimising efficiency of freight and passenger movement across the country by bridging critical infrastructure gaps through effective interventions like development of Economic Corridors, Inter Corridors and Feeder Routes (ICFR), National Corridor Efficiency Improvement, Border and International connectivity roads, Coastal and Port connectivity roads and Green-field expressways, traversing across around 24,800 kms in Phase-I. In addition, Phase I also includes 10,000 kms. of balance road works under National Highways Development Program[6]. The estimated outlay for Phase I came to be specified as Rs.5,35,000 crores spread over 5 years. The objective of the Program is stated as optimal resource allocation for a holistic highway development/improvement initiative. The two distinguishing features are said to be - effective delegation in appraisal/approval of individual project stretches and encouraging State Governments to participate in the development process through 'Grand Challenge'. This Project intends to further the objective of the NHDP, which was being implemented in the past and had reached level of maturity. Resultantly, it was thought appropriate to redefine road development and have a macro approach while planning expansion of the national highways network with focus on recasting road development by bridging critical infrastructure gaps. The Program envisages a corridor approach in place of the existing package-based approach which has, in many cases, resulted in skewed development referred to therein, causing impediment in seamless freight and passenger movement. [6] for short, "NHDP" ;


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