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https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/03/2026 04:03:51 pm )  W.P.Nos.29753 & 29755 of 2019 3.2 As far as the 1st ground is concerned, he would submit that in the Clause 7(f) of Schedule to the Environment Impact Assessment Notification dated 14.09.2016, it has been clearly stated that it is mandatory to obtain environment clearance for all projects and activities mentioned under Category A in the nature of expansion of National Highways greater than 100 km. In such case, the declaration under Section 3D of the Act, can be made only after obtaining the environment/forest clearance. To substantiate his submission, he referred to the judgement rendered by the Hon'ble Apex Court in Project Director vs. P.V.Krishnamurthy reported in (2021) 3 SCC 572 (hereinafter referred as “PV Krishnamurthy's case”).

3.3 Further, he would contend that in this case, the environment clearance was not at all obtained by the respondents prior to the Declaration made under Section 3D of the Act. The said aspect was also admitted by the respondents vide the impugned order dated 25.06.2019, wherein it has been clearly stated as follows:

"..........the process of Environment Clearance is in advance stage and final EIA report as part of the same will be submitted to MOEF&CC with incorporation of public hearing proceedings."

10. Issue No.2: Whether Section 3D(1) notification dated 08.03.2019 issued by the respondents, without obtaining Environment Clearance is against the law laid down by the Hon'ble Apex Court in PV Krishnamurthy's case ?

10.1 As far as the 2nd issue is concerned, according to the petitioner, in this case, Section 3D(1) notification was issued without obtaining Environment Clearance, which is against the law laid down by the Hon'ble Apex Court in PV Krishnamurthy case.

Office Memorandum Subject: Status of land acquisition w.r.t. project site while considering the case for environment clearance under EIA Notification, 2006-regarding It has been brought to the notice of this Ministry that in the absence of a guidelines, different EACS/SEACs adopt different criteria about the extent to which the land w.r.t. the project site should be acquired before the consideration of the case for environment clearance (EC). Some of the Ministries in the Government of India and some industrial associations have represented that full acquisition or land for the project site should not he insisted upon before consideration of the case for EC and instead Initiarn of land acquisition process should be sufficient for the consideration of such cases. The argument being that land acquisition process can go on in parallel and that consideration of EC need not await full far acquisition.