The Division Bench comprising Justices N Paul Vasanthakumar and P Devadoss set aside the January 28, 2013 order of the state Public Works Department to stop work of the elevated corridor project.
The Bench also quashed the March 29, 2012 order passed by the PWD Chief Engineer to stop the work of elevated Corridor.
The Bench said the decision to construct the expressway is a policy decision taken in public interest after studying the feasibility report at the instance of Government of India, Ministry of Shipping, Road Transport and Highways in consultation with NHAI and Tamil Nadu government and the same was ordered to be implemented by the state government.
It said narration of the fact and study of the project has revealed that no one can deny that the express highway is an imminent necessity. For decongesting traffic and to create alternative necessity, the elevated express highway is required to mitigate traffic congestion and for movement of containers to the port.
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A decision to have an elevated expressway from Tambaram to Chennai Port and one from Maduravoyal to Chennai Port at 19 km distance was conceived and accepted by the Central government, state government at the instance of Chennai Port Trust in consultation with NHAI, an expert body.
The state PWD department objected to construction of 32 pillars in the river bed near a particular spot instead of on the river bank, as per the state government's approval.
The state government also raised objections on the ground that NHAI unauthorisedly encroached on the river bed by dumping earth and construction material, thereby obstructing free flow of stormwater.
Construction activity of the mega project was stalled due to the notice, which NHAI challenged by way of PIL, praying for issuing directions to complete the project.
The judge, quoting an apex court judgement, said advantages in completing the project outweighed alleged disadvantages and directed state PWD to co-ordinate and monitor free water flow along with NHAI and concessioner in Cooum River and all should work in tandem for early project completion.