Introduction

The Supreme Court of India, in the landmark judgment of National Highways Authority Of India (S) v. Pandarinathan Govindarajulu And Another (S) (2021 INSC 29), addressed critical issues surrounding the environmental clearance required for the expansion of National Highway 45-A (NH-45A) between Villuppuram and Nagapattinam. The case emerged from a dispute between the National Highways Authority of India (NHAI) and aggrieved farmers and public interest litigants who challenged the commencement of the highway expansion project without proper environmental clearance. This commentary delves into the intricacies of the judgment, elucidating its implications on environmental law and infrastructure development in India.

Summary of the Judgment

The High Court initially held that environmental clearance was necessary for the expansion of NH-45A and directed the NHAI to obtain an Environmental Impact Assessment (EIA) and adhere to other environmental safeguards before proceeding. The NHAI contested this decision, arguing that the project did not exceed the specified thresholds for requiring environmental clearance. The Supreme Court overturned the High Court's judgment, clarifying that prior environmental clearance is mandatory only if the expansion involves land acquisition beyond 40 meters on existing alignments or 60 meters on realignments or bypasses, and the project exceeds 100 kilometers. Additionally, the Supreme Court emphasized that segmentation of highway projects to evade environmental clearances is impermissible, aligning with precedents that prevent administrative maneuvers to bypass environmental regulations.

Analysis

Precedents Cited

The Court referenced several key precedents to reinforce its stance:

• State of Tamil Nadu v. Hind Stone (1982): Established that subordinate legislation must be interpreted in line with the parent statute.
• State of Uttar Pradesh and Ors v. Babu Ram Upadhya (1961): Affirmed that statutory rules hold the same weight as the primary legislation.
• Bansal Wire Industries Ltd. v. State of U.P. (2011): Highlighted the significance of clear legislative language in regulatory compliance.
• CIT v. Surat Art Silk Cloth Manufacturers Association (1980): Emphasized the importance of precise terminology in legal documents.
• Indian Council for Enviro-Legal Action v. Union of India (1996): Reinforced that economic development should not compromise environmental integrity.
• Vellore Citizens' Welfare Forum v. Union of India (1996): Asserted that segmentation of projects to avoid environmental clearances is unconstitutional.

These precedents collectively underscored the Court's commitment to ensuring that environmental regulations are not circumvented through technical or administrative tactics.

Legal Reasoning

The Court adopted a textualist approach, adhering strictly to the language of the Environmental Protection Act and subsequent notifications. It clarified that according to the Notifications dated September 14, 2006, and August 22, 2013, environmental clearance for National Highway expansion is contingent upon specific criteria related to the length of the highway and the extent of land acquisition. The term "involving," as interpreted in the judgment, signifies that environmental clearance is mandatory only when land acquisition exceeds the predefined thresholds on existing or realigned routes. The Court further reasoned that segmenting a highway project into smaller packages to fall below the clearance thresholds undermines the spirit of environmental regulations and the intent of the legislative framework.

Impact

This judgment has profound implications for infrastructure development in India:

• Clarification of Environmental Clearance Criteria: By delineating clear thresholds for land acquisition and project length, the judgment provides definitive guidelines for future highway expansion projects, reducing ambiguity in the approval process.
• Prevention of Regulatory Evasion: The stern stance against project segmentation as a strategy to bypass environmental clearances ensures that environmental safeguards remain robust and uncompromised.
• Balanced Development and Environmental Protection: The judgment reinforces the notion that economic development and environmental preservation are not mutually exclusive but must coexist through regulated and responsible planning.
• Institutional Compliance: The direction to the Ministry of Environment, Forest and Climate Change to constitute an expert committee emphasizes the need for continual evaluation and refinement of environmental regulations in line with infrastructural advancements.

Complex Concepts Simplified

Environmental Impact Assessment (EIA)

An EIA is a process used to evaluate the environmental consequences of a proposed project before its initiation. It assesses factors like air and water quality, ecosystem impact, and social implications, ensuring that potential adverse effects are mitigated.

Right of Way

This refers to the legal right to pass through property owned by another. In the context of highway expansion, it encompasses the land required for the road itself, including carriageways, shoulders, service roads, and associated infrastructure like toll plazas and rest areas.

Segmentation of Projects

Project segmentation involves dividing a large infrastructure project into smaller, manageable packages. While this can facilitate administrative efficiency, the judgment highlights that segmentation should not be used to circumvent environmental clearance requirements.

Conclusion

The Supreme Court's judgment in NHAI v. Pandarinathan Govindarajulu & Another serves as a pivotal reference in balancing infrastructural development with environmental stewardship. By clearly outlining the criteria for environmental clearances and preventing the strategic segmentation of projects to evade regulatory oversight, the Court reinforces the integrity of environmental laws. This decision not only provides clarity for future highway projects but also underscores the judiciary's role in upholding sustainable development principles, ensuring that economic progress does not come at the expense of ecological preservation.