MUTHAIAH Vs. SECRETARY

JUDGEMENT

(1.) This public interest litigation is initiated by the petitioner, who is an association of farmers. The sole grievance of the petitioner in this writ petition is with respect to the tanks while undertaking the proposed expansion of the road by respondent No.4.

(2.) A decision was made to widen/four laning of Madurai - Natham NH - 785, which is a State Highway by making it as a National one. Accordingly, a notification under Section 3-A(1) of National Highways Act was published. As per the proposed expansion, the respondent No.1 has decided to have a by-pass alignment. This was done to avoid the demolition of existing buildings, reduction of the huge cost that would occur and to maintain the required standards set by Indian Road Congress. It is also the case of the respondent No.4 that the proposed alignment would involve lesser usage of land and with the damage to the tanks minimal.

(3.) The learned counsel appearing for the petitioner has submitted that the existing road can be widened and a bridge can be constructed over it. Alternatively, instead of realignment of curve, an over bridge can be constructed. The respondent No.4 has not obtained environmental clearance as per Environment (Protection) Act and Rules. The notification under Sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 cannot be made applicable to an old and existing State Highway being converted to a National Highway. Thus, a clearance is mandated which has not been done. By the proposed construction, the aquifer of the area would get affected. The water is being used not only for drinking purpose but also for irrigation. In the notification, the character of the tanks as water bodies was not mentioned deliberately. When there is a conflict between the environment and development the former will have to be given primacy. To buttress his submission, the learned counsel for the petitioner relied on the decision of the National Green Tribunal, Southern Zone, Chennai in Application No.104 of 2013 (SZ) (THC) between Conservation of Nature Trust represented by its Chairman Dr.R.S. Lal Mohan & another and The District Collector, Kanyakumari District & others and the decision of the Division Bench of this Court in Selvakumar v. U.O.I.,2011 2 MadLJ 341.