LAWS(MAD)-2007-2-374

TAMILAGA GIRAMA VIVASAYIGAL SANGAM COIMBATORE DIST Vs. CHAIRMAN NATIONAL HIGHWAYS AUTHORITY OF INDIA NEW DELHI

Decided On February 08, 2007
TAMILAGA GIRAMA VIVASAYIGAL SANGAM, COIMBATORE DIST. REP. BY ITS SECRETARY Appellant
V/S
CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NEW DELHI AND OTHERS Respondents

JUDGEMENT

(1.) THIS writ petition is filed by the Tamilaga Girama Vivasayigal Sangam, Pongalur Union in public interest seeking to challenge the action of the respondents from carrying on the project of expanding the road on the National Highway No. 67 between the stretch of Karur and Coimbatore without cutting the trees on either side.

(2.) ACCORDING to the averments made in the affidavit filed in support of the writ petition, it is stated that the respondents 1 and 2, i. e. National Highways Authorities, have decided to expand Highway No.67 running between Karur and Coimbatore providing for a width of 1.5 meters on either side of the Highway and for this purpose, tenders have been called for. ACCORDING to them, the fifth respondent was the contractor selected by the first respondent and they had already commenced the work as per the plan of the first respondent. During the process of widening the Highway, the sub-contractors of the fifth respondent have started cutting the trees on both the sides and the petitioner came to know that this is the handiwork of some timber merchants and the farmers of that area have also conducted dharna and other agitations and protested against the cutting of the trees on either side of the Highway. Apart from this, the petitioner had sent various telegrams to prevent them from cutting the trees. The project itself is only for providing two lane traffic and in the guise of expanding the road, if they are allowed to cut the trees, it will badly affect the bio-sphere and ecology. It is also paradoxical that on the one side the State is propagating for planting more trees and on the other side, in the name of expanding the road, the trees are cut mercilessly without any public interest.

(3.) THIS Court, by an order dated 8.11.2006, directed the respondents to file a counter and also injuncted the respondents from felling any trees on the Karur - Coimbatore Highways (NH 67) until further orders.