CHENNAI: The Union government on Monday defended the land acquisition prior to environment clearance for the Chennai-Salem greenfield corridor project, stating that the law bars only the commencement of the project before obtaining the clearance and there is no prohibition on acquiring land.
Stating that it is being projected that everyone is opposing the project, the Union government submitted in the Madras High Court that there are 12,000 landowners whose lands are acquired but only over 35 moved court.
Additional Solicitor General G Rajagopalan said the Constitutional Bench of the Supreme Court had made it clear that the legislation under which lands were acquired could not be assailed. The challenge can be only whether the project is for public purpose or compensation provided is adequate, he added.
“Right to own property is not a fundamental right. Therefore such acquisition cannot be challenged,’ Rajagopalan added.
Advocate T Mohan representing 35 affected landowners submitted that the particular provision of the National Highway Authority of India says that authorities can ‘secure’ the land before environment clearance. The term ‘secure’ means that they can secure the land from encroachment by third parties. It does not mean that the authorities can acquire the lands before the clearance.
‘Land of 12K acquired, but only 35 moved court’
Stating that it is being projected that everyone is opposing the project, the Centre submitted in the Madras High Court that there are 12,000 landowners whose lands are acquired for the Chennai-Salem greenfield corridor but only over 35 have approached the court. Additional Solicitor General said the Constitutional Bench of the Supreme Court had made it clear that the legislation under which the lands were acquired could not be assailed.