The Supreme Court (SC) has recently affirmed the notifications for land acquisition under the National Highways Act, 1956. The land in question is required for the construction of the Chennai-Krishnagiri-Salem national highway. The verdict has been given on a series of appeals made by the Centre, the National Highways Authority of India (NHAI), and some landowners, against the Madras High Court’s judgement which perceived the notifications as “illegal and bad in law”.
About the Chennai-Krishnagiri-Salem National Highway
The proposed Chennai-Krishnagiri-Salem National Highway forms an integral part of the first phase of the ‘Bharatmala Pariyojna’ project. With a length of around 277.3 km, this eight-lane greenfield project might potentially reduce the travel time between Chennai and Salem by almost half, making it approximately two hours and 15 minutes. The Bharatmala Pariyojna Project, valuing an estimated total of Rs. 5.35 lakh crore, spreads across 24,800 km. The objective of the project is to enhance the efficiency of freight and passenger movements across India by filling critical infrastructure gaps.
Resistance to the Project
Despite its potential benefits, the project has received significant pushback from local residents, including farmers. Their primary fear surrounds the loss of their land. Environmentalists are also opposing the project due to concerns about the felling of trees since the highway route traverses through reserve forests and water bodies.
The Supreme Court’s Verdict
Addressing concerns posed by the state, SC ruled that there’s no restriction in the Constitution on Parliament’s power to declare any stretch within the State to be a national highway. This legislative power encompasses all matters related and connected with a highway to be designated as a national highway. Hence, the Central Government has the freedom to construct new highways in line with its obligations under Part IV of the Constitution: securing a social order and promotion of welfare of the people in the region.
Significance of National Highways
The SC highlighted that national highways function as the lifeblood of India’s economy. They connect all corners of the country, fostering interaction and promoting commerce, trade, employment, education, and health-related services. Such measures not only boost the federal structure but also pave the way for sustainable development and enhancement of human well-being.
Other Aspects Related to the Project
The Madras High Court’s decision to quash the acquisition proceedings on the grounds of lacking prior environmental clearance was incorrect, according to the SC. They stated that the notification merely expresses interest in acquiring designated land, which doesn’t require prior environmental clearance.
National Highways in India
In India, the central government builds, finances, and maintains National Highways (NH), whereas State Highways are developed by respective states’ public works departments. Highways declared as national highways come under the Union List within the Seventh Schedule of the Constitution.
Constitutional Provisions
Article 257(2) grants the executive power of the Union for giving directions to a State regarding the construction and maintenance of means of communication of national importance.
The Ministry of Road Transport and Highways
The Ministry of Road Transport and Highways is primarily responsible for the development and maintenance of NHs.
National Highways Authority of India (NHAI)
The NHAI was established by an act of Parliament, the NHAI Act, 1988, for managing, maintaining, and developing national highways.
Land Acquisition for National Highways
Land for developing National Highways is acquired under Section 3 of the NHs Act, 1956, and compensation is determined according to the Right to Fair Compensation and Transparency in Land Acquisition.
Green Highways Policy
The Green Highways (Plantation, Transplantation, Beautification & Maintenance) Policy, 2015 aims to promote greening of Highway corridors with community participation.
