THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT versus P.V. KRISHNAMOORTHY AND ORS.

Citation: [2020] 14 S.C.R. 86 · Decided: 08-12-2020 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 14 S.C.R.
THE PROJECT DIRECTOR, PROJECT
IMPLEMENTATION UNIT
v.
P.V. KRISHNAMOORTHY AND ORS.
(Civil Appeal Nos. 3976-3977 of 2020)
DECEMBER 08, 2020
[A. M. KHANWILKAR, B. R. GAVAI AND
KRISHNA MURARI, JJ.]
Constitution of India – Arts.246, 248 – Union List, Entry 23
– Declaration of open green-field lands as national highway –
Legislative competence of Parliament to enact law for –
Development/construction of Chennai-Krishnagiri-Salem (National
Corridor) [C-K-S (NC)] 8 Lanes new National Highway (NH-179A
and NH-179B) being part of the larger Project (Bharatmala
Pariyojna-Phase I) – Notifications issued u/s.2(2), 1956 Act
declaring C-K-S (NC) as a national highway stretch/section (NH-
179A and NH-179B) – Notifications u/s.3A(1), 1956 Act specifying
the lands proposed to be acquired for the national highway(s) issued
for the concerned stretches/sections – Challenged – High Court
inter alia held notifications issued u/s.3A(1) as illegal – On appeal,
held: 1956 Act authorises Central Government to declare the notified
stretches/sections in the State concerned as a highway to be a
national highway; and for matters connected therewith including
acquisition of “any land” for building or construction of a new
highway (which need not be an existing road/highway) – Nothing
in the Constitution or the 1956 Act limits this power only in respect
of existing roads/highways within the State – Substance of this Act
is ascribable to Entry 23, Union List and matters connected therewith
– Expression “highway” has not been defined in the 1956 Act or
1988 Act – Central Government is fully competent to notify “any
land” (not necessarily an existing road/highway) for acquisition,
to construct a highway to be a national highway – Further, at the
stage of issuing notifications u/ss.2(2) or 3A there is no need to
seek prior environmental/forest clearance – Clearance is required
to be obtained by the executing agency “before commencing the
actual work or executing the proposed work/project” – Also, there
is no substance in the argument that the change of stretch/section
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from Chennai-Madurai (Economic Corridor) [C-M (EC)] originally
included in the Project to C-K-S (NC) as regards State of Tamil
Nadu was not based on tangible material – Challenge to impugned
notifications u/ss.2(2) and 3A negatived – Impugned judgment
modified to the extent indicated – National Highways Act, 1956 –
ss.2(2), 3A – National Highway Rules, 1957 – National Highway
Authority of India Act, 1988 – ss.3, 11-13, 16 – Doctrine of pith
and substance –Environment (Protection) Act, 1986 – Interpretation
of Statutes – Harmonious Construction.
Constitution of India – Union List, Entry 23; State List, Entry
13 – Held: Fact that Entry 13 of List II bestows exclusive power
upon the legislature of any State concerning subject “roads”, cannot
be the basis to give restricted meaning to Entry 23 in List I, dealing
with all matters concerning “national highways”.
National Highways Act, 1956 – Scheme of – ss.2, 3, 3A-3J,
4-6, 9 – Discussed.
Constitution of India – Part XI, Chapter II – Art.257 – Held:
Art.257 expounds about the control of the Union over States in
certain cases – Clause (2) predicates that the executive power of
the Union shall also extend to giving directions to a State as to the
construction and maintenance of means of communication declared
to be of national and military importance – Proviso makes it clear
that power of the Parliament is not restricted in any way to the
matters specified therein.
Land Acquisition – Judicial review – Scope of – Discussed.
National Highway Authority of India Act, 1988– ss.11-13 –
Scope of – Discussed.
National Highways Act, 1956 – Public hearing under –
Purpose of – Discussed – National Highway Authority of India Act,
1988 – Environment (Protection) Act, 1986.
National Highways Act, 1956 – ss.3A, 3D(3) – Declaration
u/s.3D not issued within one year from the date of publication of
the notification u/s.3A – Deemed lapse of  notification u/s.3A
predicated in s.3D(3) – Held: It is possible that whilst pursuing the
proposal for environmental/forest clearance after notification u/
s.3A, some time may be lost, even though the process under the
THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT v. P.V.
KRISHNAMOORTHY AND ORS.
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[2020] 14 S.C.R.
1956 Act for acquisition of the land had become ripe for issue of
declara

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