A Tamil Nadu resident has moved the Supreme Court, looking for overview of its December 8, 2020 judgment upholding the notifications issued underneath the National Highways Authority of India (NHAI) Act, 1956, for acquisition of land for development of the eight-lane Chennai-Krishnagiri-Salem nationwide freeway as a part of the Bharatmala Pariyojna–Phase-I undertaking.
The plea by Salem resident Yuvaraj S has contended that the judgment suffers from errors obvious on the face of the document and leads to a gross miscarriage of justice.
The petition stated judicial overview of public coverage is permissible when the delegatee acts past delegated powers as prescribed within the legislation laid down by the courtroom and added that within the instantaneous case, the Supreme Court didn’t have the event to think about the bottom that the authorities acted past powers delegated, by “not obtaining the Ministry of Finance – Department of expenditure (‘DoE’) prescribed “Appraisal” by Public Investment Board (‘PIB’) for initiatives that price greater 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 initiatives with Civil Construction Cost of greater 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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