Land Acquisition for National Highways Upheld as Court Embraces Eco-Friendly Approach: P&H HC
In a recent judgment dated October 20, 2023, the Punjab and Haryana High Court upheld the land acquisition for a National Highway project, emphasizing its dual purpose of highway construction and environmentally conscious activities. The Court dismissed the writ petition filed by Amarjit Gandhi and another, challenging the acquisition.
The petitioners had sought the quashing of notifications and awards related to the land acquisition for the National Highway project. They argued that the acquired land would be used for horticultural purposes, diverting it from its intended use for highway construction.
Justice Sureshwar Thakur, delivering the judgment, observed, “The above utilization of the part of the national highways for floricultural and horticultural activities would naturally ensure that carbon sinks are provided at the national highways, mitigating the deleterious effects of carbon emissions.”
The Court found that the land’s utilization for floricultural and horticultural activities aligned with the holistic purpose of mitigating carbon emissions along national highways. The judgment highlighted the importance of balancing infrastructure development with environmental considerations.
The petition was represented by Mr. Divanshu Jain and Mr. Prateek Sodhi, Advocates for the petitioners, Mr. R.S. Madaan, Advocate for respondent No. 2-NHAI, and Mr. Maninder Singh, DAG, Punjab.
This judgment reaffirms the commitment to sustainable development and underscores the significance of maintaining a balance between infrastructure expansion and environmental protection.
Date of Decision: 20 October 2023
Amarjit Gandhi and another VS Union of India and others
