C S KUPPURAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Justiciability of Governmental decision to construct a new Secretariat at Kottuppuram of Chennai city is a question for consideration in these matters. The further question is whether a draft notification issued under Environment (Protection) Rules, 1986, can be put into action even before its emergence as a final notification under subclause (d) of sub-Rule 3 of Rule 5 thereof.

(2.) The Secretariat of the Government of Tamil Nadu is presently located in Fort St.George, Kamarajar Salai. Apart from the building constructed during the British regime, new structures were erected later during 1970s. The State Government felt that accommodation was not sufficient and that the existing structures, be it old or the one constructed during 1970s, are not in good condition and that a new Secretariat building was necessary, both in terms of quantity and quality of accommodation. Earlier, the State Government thought of constructing a new Secretariat in the property occupied by Queen Mary's College, which is a few buildings away from the present Secretariat. But there was spate of litigations in W.P. Nos.10750 of 2003 etc. batch before this Court and because of the interim orders, status quo had to be maintained and later on, the Government had reconsidered the matter regarding location of a new Secretariat building and then changed the venue to the present area at Kotturpuram and issued G.O. Ms. No.1080 , Public (Buildings) Department, dated 1.9.2003. We feel it apt to extract the same.

(3.) The present Secretariat consists of the main building constructed in 1781 A.D. and the Namakkal Kavignar Maaligai constructed in 1975. The Namakkal Mavignar Maligai building was designed and constructed just as an office accommodation without any of the state-of-the-art facilities that are required of a modern Secretariat. The interior of the Namakkal Kavignar Maligai building has developed cracks and leakages at several places putting the staff to great difficulty in attending to their work. There is no space to put up any new building in the existing campus. In view of the major problem of shortage of space, structural defects and the lack of other facilities in the existing buildings of the Secretariat, the Government has been considering the construction of a new Secretariat Complex for some time past. The States like Karnataka, Andhra Pradesh and Gujarat have got imposing Secretariat buildings with all modern facilities. The Government of Kerala has also built up a separate Legislative Assembly complex for the State. Considering all these factors, the Government has decided to construct a new Secretariat complex along with the Legislative Assembly Hall for Tamil Nadu with all facilities.