New Delhi: A review petition has been filed in the Supreme Court against its 8th December, 2020, judgement wherein the court had upheld the acquisition of land by the NHAI and the government for the construction of Rs 10,000 crore Chennai-Salem National Highway. The judgement had came on a petition which challenged the Madras High Court order quashing the acquisition proceedings of land.
The bench led by Justice AM Khanwilkar had observed that the highway is for travelling from one town to another, provide easy access for health, education, employment etc and the Madras HC was wrong in quashing the proceedings. The government, by law, did not require to get clearances as it had just notified then and environmental clearances are required to be taken just before the actual construction work starts, added the court.
In the review petition filed by a Salem resident, Yuvraj, it is contended that there are various questions of laws before the court like judicial review of policy violation by the government, acting beyond powers delegated to it, legislative competence of centre over the highways, interpretation of highways in law, etc.
The petitioner says that the top court's judgement is with errors, is with sufficient reasons of non consideration and "results in gross miscarriage of justice".
The petition states that there are already 6 roads between Chennai and Salem where total traffic put together is only 16000 PCUs to 19000 PCUs. Three of the existing national highways are running at only 32% to 45% traffic on the designed capacity in the 4 laned sections and 32% to 44% on 6 laned sections. There are some sections which are still 2 laned and need to be upgraded to 4 lanes, adds the petitioner.
Also read: SC upholds land acquisition notifications for Chennai-Salem expressway project
"If a proposed 7th Route is deemed necessary between Chennai and Salem when only having 16,000 to 19000 PCU Traffic from 3 National Highways, would not the originally proposed widening of the existing 4 lanes to 6 lanes in the Chennai- Madurai Economic Corridor that carries 43,617 PCU Traffic in that single National Highway alone (being with the Highest Traffic among all 44 Economic corridors nation-wide and more than 2.7 times the traffic between Chennai-Salem) be a critical infrastructure necessity and thus make the replacement of the Chennai Madurai Economic Corridor 6-laning with the Chennai-Salem green-field 7th Route an unreasonable exercise," read the plea.
The petitioner has also alleged that there is "wrongful and misleading data" on congestion due to traffic in Chennai- Salem route.
Union of India, Chairman of NHAI, CAG, Tamil Nadu and M/S Feedback Infra Pvt Ltd have been made parties to the review petition.
