Plea in SC for review of order upholding land acquisition notice


A Tamil Nadu resident has moved the Supreme Court, seeking review of its December 8, 2020 judgment upholding the notifications issued under the National Highways Authority of India (NHAI) Act, 1956, for acquisition of land for construction of the eight-lane Chennai-Krishnagiri-Salem national highway as part of the Bharatmala Pariyojna–Phase-I project.

The plea by Salem resident Yuvaraj S has contended that the judgment suffers from errors apparent on the face of the record and results in a gross miscarriage of justice.

The petition said judicial review of public policy is permissible when the delegatee acts beyond delegated powers as prescribed in the law laid down by the court and added that in the instant case, the Supreme Court did not have the occasion to consider the ground that the authorities acted beyond powers delegated, by “not obtaining the Ministry of Finance – Department of expenditure (‘DoE’) prescribed “Appraisal” by Public Investment Board (‘PIB’) for projects that cost more than INR 500 Crore”, “not obtaining the Ministry of Finance – Department of Economic Affairs (“DoEA”) prescribed “Appraisal” by Public-Private-Partnership-Appraisal Committee (‘PPPAC’) for projects with Civil Construction Cost of more than INR 1000 Crore” and “not submitting to Comptroller and Auditor General (‘CAG’) prescribed ‘Audit of Project Formulation and Approval’ in the case of Infrastructure Projects under Public-Private-Partnership”.

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