R.MANIBHARATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Laying of roads on the tank bunds of two very large water bodies in Madurai, namely, Thenkal Kanmoi and Vandiyur Kanmoi led to the filing of these writ petitions.

(2.) The learned Senior Counsel appearing for the petitioner submitted that the writ petitions have to be allowed because the department had failed to obtain prior environmental clearance. He further contended that there must be sufficient distance between the tank bund and the road. He relied on the provisions of Revenue Standing Orders. Our attention was drawn to a catena of decisions rendered by the Hon'ble Supreme Court and the Madras High Court.

(3.) The learned Advocate General as well as the learned Senior Counsel appearing for the private respondents submitted that as a result of the implementation of the petition-mentioned projects, the two water bodies will not in any way be affected. The learned Advocate General was fair enough to leave it to the Court to lay down additional safeguards for the protection of the water bodies in question.