LAWS(MAD)-2004-8-137

UNION OF INDIA, REP BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT AND FORESTS Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, REP BY ITS MEMBER SECRETARY G SANTHANAM

Decided On August 27, 2004
Union Of India, Rep By Its Secretary To Government, Ministry Of Environment And Forests Appellant
V/S
Chennai Metropolitan Development Authority, Rep By Its Member Secretary G Santhanam Respondents

JUDGEMENT

(1.) This writ appeal is against the interlocutory order passed by the learned single Judge of this Court in a writ miscellaneous petition. The matter pertains to the challenge to the Notification dated 7th July 2004 issued by the Ministry of Environment and Forest, imposing certain restrictions in the matter of construction of buildings with an investment of Rs.50 crores or more without environmental clearance from the Government of India. Learned single Judge, while admitting the writ petition, passed the following interim order:

(2.) Heard Shri V.T. Gopalan, learned Additional Solicitor General for the appellant and Shri N.R. Chandran, learned Advocate General for the respondent. There are petitions before us for impleadment by some third parties, who are supporting the concerned notification, as also by some private builders, whose estimated cost of porposed constructions go beyond Rs.50 crores and thus falling within the ambit of the said notification.

(3.) Several arguments were advanced before us in this appeal. It is to be noted that we are dealing an appeal which is against the interlocutory order passed in the writ petition and therefore, at this stage, we will not delve deep into those arguments. Those arguments may be advanced at the final hearing of the writ petition and considered for final verdict. But, at the present stage, after hearing learned counsel, we are of the view that the following phareseology in the impugend order, viz.