The Road Taken

Context: Recently, the Supreme Court has upheld the government notifications intending to acquire agricultural land for the proposed Chennai-Salem greenfield highway before obtaining statutory environmental clearances.

Land acquisition and sustainable development:

Judicial Pronouncements in Land acquisition and sustainable development:

• Karnataka Industrial Areas Development Board (2006): Supreme Court said that the possible adverse environmental impact should be “properly comprehended” before acquiring land for development.
• Madras High Court Judgement: held that clearances under environmental and forest laws were required even before the initial land acquisition notice.
  • The court favoured early judicial intervention: relying on judgments from the U.S. which were against projects to advance to such a stage that there is an irreversible commitment of resources.
• Supreme court’s recent judgement: Sets aside the Madras High Court judgement on the matter.
  • It has ruled that it will be premature to expect the authorities to obtain environmental approvals at the stage of identifying the land linked to the proposed alignment of a highway,
  • Uphold the Centre’s power to notify any stretch of land: including greenfield land, and not merely a pre-existing road, as a national highway.
  • Says that the statutory framework governing highways and the process laid down for acquiring land for highway projects did not provide for a prior clearance requirement.

Conclusion: The need of the hour is to incorporate our economic development-centric approach within the holistic long term sustainable development aspirations of the nation.