Lawstreet Journal

Power to Notify Any Land Acquisition for Construction of National Highway Lies with Centre: SC [READ JUDGMENT]

Lawstreet Journal 12 Dec 2020 2:42am

Image courtesy: Lawstreet Journal Judiciary Power to Notify Any Land Acquisition for Construction of National Highway Lies with Centre: SC [READ JUDGMENT]

Recently, the Supreme Court (SC) has upheld notifications issued under the National Highways Act, 1956, for acquisition of land for construction of the Chennai-Krishnagiri-Salem national highway.

The verdict came on a batch of appeals filed by the Centre and the National Highways Authority of India (NHAI) and few landowners and others. These pleas were filed against the Madras High Court's judgement, holding as “illegal and bad in law” the notifications issued.

Supreme Court’s Judgement:

  1. There is nothing in the Constitution which constricts the power of Parliament to make a law for declaring any stretch/section within the State (not being a road or an existing highway) to be a national highway.
  2. Provisions in the Constitution unambiguously indicate that the legislative as well as executive power regarding all matters concerning and connected with a highway to be designated as a national highway, vests in Parliament, and the laws to be made by it in that regard.
  3. The Central government is free to construct/build a new national highway keeping in mind the obligations it has to discharge under Part IV of the Constitution (Directive Principles of State Policy) for securing a social order and promotion of welfare of the people in the concerned region.

A bench of Justices A M Khanwilkar, B R Gavai and Krishna Murari said that “there is nothing in the Constitution which constricts the power of Parliament to make a law for declaring any stretch/section within the State not being a road or an existing highway, to be a national highway”.

On the other hand, the court said, “provisions in the Constitution unambiguously indicate that the legislative as well as executive power regarding all matters… Continue Reading...


Tagged: Supreme Court of India  
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