Bombay High Court
Balasaheb Raghunath Pawar vs The Project Director, The National ... on 11 July, 2019
Author: N. M. Jamdar
Bench: Pradeep Nandrajog, N. M. Jamdar
(21)-PIL-71-18.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.71 OF 2018
Mr. Balasaheb Raghunath Pawar ..Petitioner
Versus
The Project Director,
The National Highway Authority India,
Solapur, Dist. Solapur and others ..Respondents
Ms. Sheetal M. Kumar a/w Mr. Prabhakar Jadhav, Advocate for the
Petitioner.
Mr. Rakesh Singh I/by M/s. M. V. Kini & Co., Advocate for the
Respondent No.1.
Mr. R. V. Govilkar a/w Mr. Parag N. Vyas Ms. Shimy Roy, Advocate
for the Respondent No.2.
CORAM : PRADEEP NANDRAJOG, C.J. &
N. M. JAMDAR, J.
DATE : 11th JULY, 2019 P.C. 1] Learned counsel for NHAI seeks an adjournment.
2] We have asked learned counsel as to on what basis NHAI proceeds to undertake the work of expanding the two highways referred to in paragraph 2 of the Petition without environmental clearance under the EIA Notification dated 14th September 2006. Learned counsel has no answer.
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(21)-PIL-71-18.doc.
2] The highways have of length of 216.709 kilometers and
195.144 kilometers. The schedule to the EIA Notification requires EIA environmental clearance for expansion of National Highways greater than 100 kilometers involving additional right of way or land acquisition greater than 40 meters on existing alignment and 60 meters on realignment. Unless NHAI brings material on record that additional right of way or land acquisition is not more than 40 meters on existing alignments and 60 meters of re-alignments or bypass, environmental clearance will be ex-facie required. Reliance by the NHAI on the MoEF Notification dated 22 nd August 2013 is of no help because the same amends EIA 2006 limited to the issue of scoping for items falling in Category A and Category B(ii).
3] Since NHAI is seeking adjournment while deferring hearing on the precautionary principle, we stay further construction of the expansion work undertaken till the next date of hearing.
4] List the PIL on 30th July 2019.
N. M. JAMDAR, J CHIEF JUSTICE
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