NDLI: The Project Director, Project Implementation Unit Vs. P.v. Krishnamoorthy and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, National Highways Act, 1956 (48 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	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 (NH179A 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 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 1956 Act for acquisition of the land had become ripe for issue of declaration of acquisition u/s.3D – To get over this predicament, the dictum in paragraph 100(1) of Karnataka Industrial Areas Development Board v. C. Kenchappa & Ors. reported as [1996] 10 Suppl. SCR 12 shall operate as a stay by an order of the Court for purposes of s.3D(3) in respect of all projects under the 1956 Act, in particular for excluding the time spent after issue of s.3A notification, in obtaining the environmental clearance as well as for permissions under the forest laws – Constitution of India – Art.142.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2020 INSC 688
Petitioner	The Project Director, Project Implementation Unit
Respondent	P.v. Krishnamoorthy And Ors.
SCR	[2020] 14 S.C.R. 86
Judgement Date	2020-12-08
Case Number	3976

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

The Project Director, Project Implementation Unit Vs. P.v. Krishnamoorthy and Ors.

Please Log-in to view this content

State of Bihar and Ors. Vs. Project Uchcha Vidya, Sikshak Sangh and Ors.

The Union Territory of Pondicherry and Ors. Vs. P.v. Suresh Etc. Etc. and Ors.

Keshav Vs. Shivajirao & Ors.

P.v. Indiresan Vs. Union of India & Ors.

D.d.a. Vs. Rajendra Singh & Ors.

Mayawati Vs. Markandeya Chand and Ors.

Navdeep Vs. State of Punjab and Ors.

Bayer (india) Ltd. and Ors. Vs. State of Maharashtra and Ors.

Sri M. Purandara and Ors. Vs. Mahadesha S. and Ors.

The Project Director, Project Implementation Unit Vs. P.v. Krishnamoorthy and Ors.

The Project Director, Project Implementation Unit Vs. P.v. Krishnamoorthy and Ors.

Please Log-in to view this content

Similar Documents

State of Bihar and Ors. Vs. Project Uchcha Vidya, Sikshak Sangh and Ors.

The Union Territory of Pondicherry and Ors. Vs. P.v. Suresh Etc. Etc. and Ors.

Keshav Vs. Shivajirao & Ors.

P.v. Indiresan Vs. Union of India & Ors.

D.d.a. Vs. Rajendra Singh & Ors.

Mayawati Vs. Markandeya Chand and Ors.

Navdeep Vs. State of Punjab and Ors.

Bayer (india) Ltd. and Ors. Vs. State of Maharashtra and Ors.

Sri M. Purandara and Ors. Vs. Mahadesha S. and Ors.

The Project Director, Project Implementation Unit Vs. P.v. Krishnamoorthy and Ors.