S. SIVAPRAKASAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed as a public interest litigation by the petitioner, who was a member of the Tamil Nadu State Legislative Assembly from 1980 to 1988, seeking the following prayer:

(2.) FACTS in brief: Kolli Hills is a mountain range located in Central Tamil Nadu, Namakkal District. It covers an extent of 280 km2. These hills are part of Eastern Ghats maintaining its original character till now. There are 16 reserve forests in the Kollimalai hills attracting the provisions of Tamil Nadu Forest Act, 1982 and Forest (Conservation) Act, 1980. The private lands are all notified as hill areas under the provisions of Tamil Nadu Preservation of Private Forest Act 1949. The Office of the District Rural Development has asked respondent No.5 about the feasibility of creating a road in the year 2004. Thereafter the 4th respondent in and by letter dated 30.11.2006 wrote to respondent No.2 seeking sanction under the Rural Infrastructure Development Fund with assistance from NABARD for improvement and black topping of the road. The said fact was also informed to the petitioner by respondent No.3 and in and by proceedings dated 28.4.2010. Thereafter respondent No.1 passed G.O. in G.O.Ms.No.208 Environment and Forests (FR -10) Department, dated 7.12.2010, by which an administrative sanction was accorded for the project.

(3.) THEREAFTER respondent No.5 in and by the communication dated 13.2.2008 sent to respondent No.3 has stated as follows: "5. From Valkulipatti to Palapattipudur the road alignment was along the already existing coupe road with a portion falling in Nayakkancombai Reserved Forest and some portion in Perumalmalai Reserved Forest. 6. From Valkulipatty to Palapattipudur, the admitted right of way is different and coupe road is different. The coupe road formed has bends and turns. 7. The road cannot be formed along the admitted right of way without widening and providing bends as the gradient is not favourable for road formation. Hence it attracts F(C) Act. 8. Moreover the road touches Palapattipudur at the foothill towards Periacombai. If the road is allowed be formed there will definitely be protection problem as it will provide easy access and mobility to miscreants who can indulge in illegal activities like felling of trees in Reserved Forests, Felling and removing of trees from patta lands without permission from Kollihills which is a HP act area i.e., without permission from Hill Area Preservation Act Committee,etc.,"