TaxTMI 
TaxTMI 
2021 (1) TMI 1366
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....m to Sattanathapuram (56.800 kms) -Package III. iv. Sattanathapuram to Nagapattinam (55.755 kms)- Package IV. 3. Approval was granted by the Competent Authority, i.e. Special District Revenue Officer (Land Acquisition), National Highways No. 45-A in March, 2018 and agreements were entered into between the Appellant and the concessionaires. Process was initiated for acquisition of lands required for the project. Writ Petitions were filed in the High Court of Madras by certain aggrieved farmers and public interest litigants questioning the commencement of the project without obtaining environmental clearance. The High Court allowed the Writ Petitions and issued the following directions: a. "The present project of expansion of NH-45A covering a stretch of 179.555 k.m. shall be put on hold, and the present status quo is directed to be maintained. b. That the project proponent (NHAI) shall undertake an EIA study and obtain environmental clearance. c. The NHAI is also directed to obtain approval from CRZMA for CRZ clearance for two locations that it has indicated in its counter in W.P. 15217/2019. d. Once the necessary clearances are obtain....
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....fication provides that new projects or expansion and modernisation of existing projects listed under the Schedule to the Notification require prior environmental clearance from the concerned regulatory authority. The Schedule to the Notification includes Highways at Item No.7 (f). New National Highways and expansion of National Highways greater than 30 kms involving additional right of way greater than 20 meters or land acquisition and passing through more than one State, require prior environmental clearance. A high-level Committee headed by Member (Environment and Forests, Science and Technology), Planning Commission was constituted by the Ministry of Environment and Forests to review the provisions of the Environmental Impact Assessment Notification dated 14.09.2006 pertaining to environmental clearance for roads, buildings and Special Economic Zone projects. One of the terms of the reference for the Committee was to review the requirement of environmental clearance for Highways expansion projects with a right of way up to 60 meters and length of 200 km. The Committee submitted its report recommending that expansion of National Highways projects up to 100 km involving additional....
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.... meters on existing alignments and 60 meters on realignments or by passes. 8. A statutory rule or Notification is to be treated as a part of the statute [State of Tamil Nadu v. Hind Stone, (1982) 2 SCC 205] Rules made under a statute must be treated for all purposes of construction or obligation exactly as if they were in the Act, are to be of the same effect as if they are contained in the Act, and are to be judicially noticed for all purposes of construction or obligation [The State of Uttar Pradesh and Ors v. Babu Ram Upadhya 1961 SCR (2) 679]. The principles of interpretation of subordinate legislation are applicable to the interpretation of statutory Notifications [Bansal Wire Industries Ltd. v. State of U.P., (2011) 6 SCC 545]. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves do alone in such cases best declare the intent of the law-giver [(1843-60) All ER Rep 55, Sussex Peerage case]. 9. It has been repeatedly held by this Court that where there is no ambiguity in the words, literal meaning has to be applied, which is the golden rule....
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....rds it must be an integral part of such purpose. ... 33. ... The word "involving" in the restrictive clause is not without significance. An activity is involved in the advancement of an object when it is enwrapped or enveloped in the activity of advancement. In another case, it may be interwoven into the activity of advancement, so that the resulting activity has a dual nature or is twin faceted. ..." 13. We find force in the submissions made by the learned Attorney General that the word "involving" is of significance because in the absence of the requirement of an additional right of way or land acquisition greater than 40 meters on existing alignments and 60 meters on realignments or by passes, the expansion of National Highways which are greater than 100 km per se does not require prior environmental clearance. 14. It is submitted on behalf of the Ministry of Environment, Forest and Climate Change, Government of India that environmental clearance is necessary only if the expansion project pertains to a National Highway which is greater than 100 km and involves additional right of way or land acquisition greater than 40 meters on existing alignments and 60....
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....lic goods and services for which reason, speedy execution was required. It would be difficult to get one concessionaire with necessary finances to mobilise required machineries, construction material and human resources for the entire length of 179.555 km. He laid stress on the point that the project was divided into four packages in public interest. 18. While economic development should not be allowed at the cost of ecology or by causing widespread environmental destruction, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment13. The traditional concept [Indian Council for Enviro-Legal Action v. Union of India [(1996) 5 SCC 281]] Indian Council for Enviro-Legal Action v. Union of India [(1996) 5 SCC 281] that development and ecology are opposed to each other is no longer acceptable [Vellore Citizens' Welfare Forum v. Union of India [(1996) 5 SCC 647]] 19. Apart from providing smooth flo....
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....ay projects beyond a distance of 100 kms and if the additional right of way or land acquisition is more than 40 meters on existing alignments and 60 meters on realignments or by passes. The said recommendation was accepted by the Government of India and the Notification dated 22.08.2013 was issued, amending the Notification dated 14.09.2006. As the question of permissibility of the segmentation of a National Highway beyond a distance of 100 kms is a matter to be considered by experts, it would be necessary for a committee to be constituted by the Government of India to decide whether segmentation of a National Highway project beyond a distance of 100 kms is permissible. If it is permissible, the circumstances under which segmentation can be done also requires to be examined by the expert committee. 21. Mr. A. Yogeshwaran, learned counsel appearing for the first Respondent submitted that the toll plazas proposed to be erected on the National Highways should be within the permissible limits specified in the Notification dated 22.08.2013. In the note of submissions made by the learned Attorney General, reference has been made to the definition of "Right of way" placing reliance on ....
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....e High Court that the Appellant had been remiss in not fulfilling the requirement of reafforestation in spite of giving undertakings for the projects taken up earlier is to be noted. There is an obligation on the part of the Appellant to plant ten trees for each felled tree. The High Court commented upon Coastal Regulation Zones (CRZ) clearances to be taken at certain points. The learned Attorney General submitted that the Appellant has already obtained CRZ clearances, wherever it is required. We have not dealt with the issues relating to acquisition of land being in contravention of the National Highways Act, 1956 as no such submission was made either before the High Court or this Court. 26. On the basis of the above discussion, we set aside the judgment of the High Court and issue the following directions: 1. There is no requirement for obtaining environmental clearances for NH 45-A Villuppuram - Nagapattinam Highway as land acquisition is not more than 40 meters on existing alignments and 60 meters on realignments or by passes. 2. The Appellant is directed to strictly conform to the Notification dated 14.09.2006 as amended by the Notification dated 22.08.201....