HC quashes land acquisition process for Salem-Chennai green corridor project

In a setback to the Centre and AIADMK government in Tamil Nadu, the Madras High Court on Monday quashed land acquisition process for the Rs 10,000-crore Salem-Chennai eight-lane green corridor project, holding that environmental clearance was mandatory for the sensitive project would have an adverse impact on the environment. A special bench of justices T S Sivagnanam and Bhavani Subbarayan passed the order allowing a batch of petitions by 35 land owners and PMK leader Anbumani Ramadoss.

The bench made it clear that prior environmental clearance would undoubtedly require a thorough study of the area and before that a public hearing is to be held. The court had on December 14, 2018 reserved its order on the batch of petitions, challenging land acquisition proceedings.

The ambitious 277.3-km-long eight-lane greenfield project connecting Salem and Chennai under the Centre's 'Bharatmala Pariyojana' scheme aims to cut travel time between the two cities by half to about two hours and 15 minutes. However, it has been facing opposition from a section of locals, including farmers, over fears of losing their land, besides environmentalists who are against felling trees for it.

The project runs through reserve forest and water bodies. "We are of the considered view that the project highway as conceived and sought to be implemented is vitiated on several grounds... and consequently, the notifications issued for acquisition of lands under Section 3A(1) (of the National Highways Act) are liable to be quashed," the bench said.

The bench also held the project report prepared by a consultant unsatisfactory and said it needed to be scrapped. "... it defies logic that in such a sensitive project, study could have been made within 60 days, when in the United States of America, study commenced in 1944 and went on till 1960 for linking two highways."

It said the study report of the project was a "cut and paste one by the person who prepared report earlier for some other projects... "There has been non-application of mind and presumably, the report was required to be prepared within a short period for reasons best known. Therefore, the report prepared by the consultant needs to be scrapped."

Referring to entrusting of the work to a consultant to carry out the study with regard to the project, the bench said "The procedure adopted by the NHAI in asking the consultant to carry out a work which was never the scope of the bid document by an oral arrangement is unheard of...." "Therefore, unless a proper study is made, the impact on the forest lands, water bodies, wildlife, flora and fauna cannot be assessed," it said.

Observing that environmental clearance was mandatory since the project would have an adverse impact on the environment, including water bodies, the bench said if the project highway was to pass through reserve forest area, even if it is to a distance of about 10 km, it would undoubtedly pave the way for poachers and facilitate easy access. It would also pave way for illicit felling and transportation of valuable timber.

"Obviously, the National Highway cannot build a compound wall on both sides of the highway nor post armed security guards 24 X 7 to be preventing any ingress or egress into the forest area," the court said. The bench said there were flaws in decision making on issuing of tender by the NHAI to a private firm which was in the initial stage appointed for carrying out work on the Chennai-Trichy-Madurai Economic Corridor "which was later on switched over to the Chennai-Salem greenfield corridor."

It rejected the arguments of Additional Solicitor General of India that the petitioners were pointing out insignificant errors when they do not have any expertise in the area. "We do not agree with the submission, since the endeavour of the petitioners is to point out the flaws not only in the acquisition proceedings, but the steps taken preceding the acquisition and those done after the notification issued under Section 3A(1) of the Act."

The verdict is seen as a setback to the ruling AIADMK in the state which has aligned with the BJP for the Lok Sabha polls. One of the petitioners in the case against the project is the PMK which is also an alliance partner. Welcoming the court order, the opposition DMK said it has dealt a "death blow" to the K Palaniswami government.

PMK leader Anbumani Ramadoss, a petitioner in the case, hailed the verdict, and said the outcome was a 'victory' for his party and farmers.