Very few against Salem greenfield project: Centre
Sureshkumar.K@timesgroup.com
Chennai:06.08.2018
Though there are more than 12,000 landowners whose properties are to be acquired for the Chennai-Salem greenfield corridor, only about 35 have approached the court so far, the Centre told the Madras high court, adding: “It is being projected as though everyone is opposing the project.”
This apart, a Constitutional bench of the Supreme Court has made it clear that the legislation under which the lands are acquired cannot be assailed and the challenge can be only whether the project is for public purpose or the compensation provided is adequate, additional solicitor-general G Rajagopalan argued on Monday.
“Right to own property is not a fundamental right, therefore such acquisition of land cannot be challenged,’ Rajagopalan added.
As to the allegation that the acquisition process cannot be commenced without obtaining the environmental clearance from the Union ministry of environment, the solicitor general said the law barred only the commencement of the project before obtaining the clearance, and that there was no prohibition to acquire land.
To this, advocate T Mohan representing 35 affected landowners, submitted that the particular provision of the NHAI Act said the authorities could only ‘secure’ the land before the environment clearance. The term ‘secure’ means that they can secure the land from encroachment by third parties, but it does not mean that the authorities can acquire the lands before the environmental clearance, he said.
Explaining that the process involves various stages, another petitioner said it should start with a feasibility report based on which terms of reference would be issued followed by a draft Environmental Impact Assessment (EIA). The Tamil Nadu Pollution Control Board (TNPCB) would conduct public hearing thereafter.
But in the case of Chennai-Salem greenfield corridor, so far the EIA draft notification had not been issued based on which public hearing should be conducted in which grievances of the public would be considered. The authorities are trying to bypass the public hearing and directly acquire the lands, which is illegal, he said.
He pointed out that there was no enabling provision in the act to acquire the lands before environmental clearance or even to measure the lands. This apart, they must submit the landownership pattern prior to the commencement of the project detailing the extent of forest, private, public and revenue land involved in the project. So far, this has not been done by the authorities, he added.
Asserting that the land acquisition is not an eminent domain, Mohan added that it is a matter of livelihood and right to land.
The other petitioners also pointed out that in case the project is cancelled, there is no provision in the act to return the land to its original owners and it can be given only to the state to use it for other purposes.
Several farmers have protested against land acquisition for the proposed greenfield corridor between Chennai and Salem
Sureshkumar.K@timesgroup.com
Chennai:06.08.2018
Though there are more than 12,000 landowners whose properties are to be acquired for the Chennai-Salem greenfield corridor, only about 35 have approached the court so far, the Centre told the Madras high court, adding: “It is being projected as though everyone is opposing the project.”
This apart, a Constitutional bench of the Supreme Court has made it clear that the legislation under which the lands are acquired cannot be assailed and the challenge can be only whether the project is for public purpose or the compensation provided is adequate, additional solicitor-general G Rajagopalan argued on Monday.
“Right to own property is not a fundamental right, therefore such acquisition of land cannot be challenged,’ Rajagopalan added.
As to the allegation that the acquisition process cannot be commenced without obtaining the environmental clearance from the Union ministry of environment, the solicitor general said the law barred only the commencement of the project before obtaining the clearance, and that there was no prohibition to acquire land.
To this, advocate T Mohan representing 35 affected landowners, submitted that the particular provision of the NHAI Act said the authorities could only ‘secure’ the land before the environment clearance. The term ‘secure’ means that they can secure the land from encroachment by third parties, but it does not mean that the authorities can acquire the lands before the environmental clearance, he said.
Explaining that the process involves various stages, another petitioner said it should start with a feasibility report based on which terms of reference would be issued followed by a draft Environmental Impact Assessment (EIA). The Tamil Nadu Pollution Control Board (TNPCB) would conduct public hearing thereafter.
But in the case of Chennai-Salem greenfield corridor, so far the EIA draft notification had not been issued based on which public hearing should be conducted in which grievances of the public would be considered. The authorities are trying to bypass the public hearing and directly acquire the lands, which is illegal, he said.
He pointed out that there was no enabling provision in the act to acquire the lands before environmental clearance or even to measure the lands. This apart, they must submit the landownership pattern prior to the commencement of the project detailing the extent of forest, private, public and revenue land involved in the project. So far, this has not been done by the authorities, he added.
Asserting that the land acquisition is not an eminent domain, Mohan added that it is a matter of livelihood and right to land.
The other petitioners also pointed out that in case the project is cancelled, there is no provision in the act to return the land to its original owners and it can be given only to the state to use it for other purposes.
Several farmers have protested against land acquisition for the proposed greenfield corridor between Chennai and Salem
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