PALANI HILLS CONSERVATION COUNCIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, in public interest, has been preferred by the petitioner for the issuance of a writ of declaration declaring the Tamil Nadu District Municipalities (2nd Amendment & Validation) Act, 1994, (hereinafter referred to as the 'Amendment & Validation Act, 1994) as ultra vires Article 14 and 21 of the Constitution of India. By the aforesaid amendment, the State of Tamil Nadu substituted Section 217-Q in place of the old Section 217-Q of Tamil Nadu District Municipalities Act, 1920, (hereinafter referred to as 'Act, 1920) empowering the State to exempt or relax the Central Government or the State Government or any building or class of buildings from all or any of the provisions of Chapter X and X-A of Act, 1920. By new Section 3 of the Amendment & Validation Act, 1994, all acts done, proceeding taken, orders issued by the State Government exempting building or class of buildings from the provision of the particular Act during the period commencing between 9th Dec., 1992 and 28th Nov., 1994, have been validated, notwithstanding anything contained in any law in force or any judgment or decree or order passed by the Court or any authority.

(2.) THE petitioner, a registered society, has its objective of preservation and protection of ecology of the Palani Hills, an area extending over 2000 sq. kms. It being vitally interested in the ecology of the hills, including Kodaikanal town, had taken up many matters in public interest. According to the petitioner, it is bringing to the notice of the Court the impunity with which the State Government had been exercising the non-existent power and, when confronted, with legislation, had been attempting to legitimise infractions of law. THE impugned act is an attempt at usurpation of judicial power and is fraught with dangers as exercise of powers conferred upon the 1st respondent by virtue of the Act would lead to the deterioration of ecology of hill stations, such as Kodaikanal in Tamil Nadu. THE petitioner society had been actively campaigning against the proliferation of construction, which had come in total disregard of all planning regulations. It initiated proceeding in respect of pollution of Kodaikanal lake by holiday resort promoters and other establishments around the lake. Subsequently, a 'no construction zone' of 200 mtrs. had been established around the lake. THE petitioner society was called upon by the Chairman of the Township Planning Committee to submit representation to the draft master plan and it filed representation before the High Power Committee setup to investigate pollution of Kodaikanal lake. It pointed out the recent development of commercial buildings and the enormous strain it placed on the fragile ecology of the town and the lake in particular. Pursuant to such hearing, the Kodaikanal Master Plan came into being to zone the town and stipulate F.S.I. as the principle regulator of growth as is the practice in other metropolitan master plans. Amongst various other activities, petitioner society is planting trees, running several nurseries for supply of seedlings to farmers, preservation of flora and fauna, sustainable development of Palani Hills, villages, including analysis and safeguarding of dwindling drinking water sources, bee keeping, women's welfare and environmental education.

(3.) PLEASANT Stay Hotel and Another, thereafter, moved before the Supreme Court against the aforesaid judgment of the Division Bench of this Court, reported in 1995 (2) WLR 769. The Supreme Court upheld the Division Bench judgment with the following observation :-