BENGALURU DEVELOPMENT AUTHORITY Vs. SUDHAKAR HEGDE
LAWS(SC)-2020-3-69
SUPREME COURT OF INDIA
Decided on March 17,2020

Bengaluru Development Authority Appellant
VERSUS
Sudhakar Hegde Respondents


Referred Judgements :-

STATE BANK OF INDIA V RAMAKRISHNAN [REFERRED TO]
LAFARGE UMIAM MINING PVT LTD VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

S.MAHESWARI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-10-40] [REFERRED TO]
CITIZENS FOR GREEN DOON VS. UNION OF INDIA [LAWS(SC)-2021-12-55] [REFERRED TO]
STATE OF GUJARAT VS. ARCELOR MITTAL NIPPON STEEL INDIA LIMITED [LAWS(SC)-2022-1-69] [REFERRED TO]


JUDGEMENT

DHANANJAYA Y.CHANDRACHUD,J. - (1.)The present appeal arises from a judgment of the Principal Bench of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the appellant for the development of an eight lane Peripheral Ring Road (PRR) connecting Tumkur Road to Hosur Road and totaling a length of 65 kilometers. The NGT was of the view that the primary data upon which the Environment Impact Assessment (EIA) report was based was collected more than three years prior to its submission to the State Environment Impact Assessment Authority (SEIAA). The NGT was of the view that it was not necessary to adjudicate upon the other contentions that were urged in support of quashing the EC as there was a substantial delay in the preparation of the EIA report. Accordingly, the NGT directed the appellant to conduct a fresh rapid EIA and clarified that the "project proponent will not proceed on the basis of the impugned Environmental Clearance." Assailing the order of the NGT, the appellant, as project proponent, is in appeal before this Court.
(2.)In a bid to address the growing need for efficient commutation, address traffic congestion and connect the Bangalore-Mysore Infrastructure Corridor (NICE road) with more access points, the appellant formulated the PRR project scheme in 2005. A preliminary notification was issued on 27 May 2005 under Section 17(1) and (3) of the Bangalore Development Authority Act 1976 (BDA Act) to acquire certain land for the execution of the project. The stated purpose of the project was:
"1) To decongest the traffic in Bangalore City;

2) To cater intercity connectivity and intercity traffic;

3) To reduce pollution in the city;

4) To reduce heavy vehicles traffic i.e., Lorry and Trucks; and

5) To decongest the traffic on outer ring road."

(3.)Another preliminary notification was issued on 23 September 2005 which concerned the realignment of the proposed road project. A final notification under Section 19(1) of the BDA Act was issued on 29 June 2007 for the acquisition of the proposed land. The notifications were challenged before the High Court of Karnataka in Writ proceedings WP No. 4550/2008 on the ground that the appellant had no authority to issue the notifications and acquire land for the proposed PRR project. By a judgment dated 22 July 2014, the High Court dismissed the writ petition on the ground that the appellant was authorised under the BDA Act to acquire the land for the project in question. The Writ Appeal against this was dismissed on the ground of default on 9 February 2017.
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