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2004 Supreme(Mad) 1707

MARKANDEY KATJU, N.V.BALASUBRAMANIAN
O. Fernandes & Another – Appellant
Versus
Tamil Nadu Pollution Control Board & Others – Respondent


Advocates Appeared:For The Petitioner:V. Prakash, Senior Counsel, P. Chandrasekaran, Advocate. For The Respondents:R2, R11 & R12, V.T. Gopalan, Addl. Solicitor General, P. Wilson, S.C.G.S.C., R3, R. Gandhi, Senior Counsel, G. Damodharan, R1, N.R. Chandran, Advocate General, R4 to R10, Rita Chandrasekaran, A.L. Somayaji, Addl. Advocate General, R2 to R6, V. Raghupathy, Government Pleader.

Judgment :-

The Chief Justice:

Heard learned counsel for the parties.

2. Writ Petition No.33528 of 2004 has been filed for a direction to declare the public hearings conducted in connection with the Sethu Samudram Shipping Canal Project (hereinafter referred to as SSSCP) in Tuticorin, Thanjavur, Thiruvarur, Nagapattinam, Pudukkottai and Ramanathapuram districts on several dates to be ineffective and not in compliance with the requirements of law. The petitioner has stated that such public hearings would become meaningful only after a comprehensive Environmental Impact Assessment Report on the SSSCP is made ready. The petitioner further prayed for a direction against respondents 1 and 2 to constitute panels in accordance with the notification issued by the Central Government on 27.1.1994 as amended on 10.4.1997, and for a further direction to regulate all public hearings to ensure presentation of rational and scientific data.

3. The petitioner claims that he is the co-convener of a group of organisations coming together under the banner of Coastal Action Network. He further claims that the objective of the said network is to ensure protection of environment and bio-diversity in the c




























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