India

Shirish Barve v. Union of India

Jurisdiction: India


Side A: Shirish Barve (Individual)


Side B: Union of India (Government)


Core objectives:

Challenge the construction of a road.


Summary
Applicants argued, inter alia, that issues like climate change had not been considered when planning a bypass road. The Applicants have filed the present Application under Section 14, 15, 17 and 18 of the National Green Tribunal Act, 2010 challenging the proposed Jalgaon bypass road of the National Highway No.6 which has been proposed by Respondent No.2 i.e. National Highway Authority of India (NHAI). The Applicants claim that the present Application has been filed to salvage the high fertile and productive land from the proposed bypass road which is not required and this unnecessary proposal of having a by-pass which would create livelihood problems for many farmers and change in land use thereby affecting the environment. On hearing the contentions of both appellants and respondents the Tribunal held that; It would partially allow the Application with following directions to Respondent No.1 and 2:
  • Respondent-2 (NHAI) shall submit a detailed upgradation proposal for the existing road passing through Jalgaon city by proper laning and strengthening of road, provision of traffic aids etc. within next three months.
  • This project shall be undertaken along with the proposed bypass project and this work will be given priority over the proposed bypass to ensure that it is commissioned and made operational before the approval and implementation of proposed bypass road.
  • Respondent-3 (The Collector, Jalgaon) shall ensure the compliance of these directions of the Tribunal.

Accordingly, the Application is disposed of.

from the Grantham Research Institute
from the Grantham Research Institute
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