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2007 Supreme(Mad) 782

P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
Ramgopal Estates Pvt. Ltd. Rep. by Managing Director K. S. Hemanth Kumar – Appellant
Versus
The State of Tamil Nadu rep. by Commissioner & Secretary to Govt. & Others – Respondent


For the Petitioner:M.S. Subramanian, J.R.K. Bhavanantham, P. Anbarasan, K. Bijai Sundar, S. Mohan, D. Geetha, Advocates. For the Respondents:N. Kannadasan, Addl. Advocate General Assisted by I. Paranthaman, G.A., P. Wilson, Asst. Solicitor General, M. Vijayan for M/s. King & Patridge, Ramanlal, T.K. Ramkumar, Advocates.

Judgment :-

P.D. Dinakaran, J.

I. Prefatory Caveat

The meat of the matter is the tussle between eco-environmental maintenance and vigorous industrialization. To answer as to the need of the day for the right to life, viz., whether we should maintain eco-friendly environment or opt for prosperous economic growth, neither the eco-environment alone nor the industrial and economic growth by itself will meet the human needs in the global competition. Then, what is desirable is a sustainable development, by being resilient, but not rigid; organic, but not static; liberal, but not strict; wider, but not narrow, as to both eco-friendly environment and prosperous industrial development, that are to be worked out harmoniously, to meet the challenges in global economic competition and in order to meet the ends of socio-economic justice. And the core of the dispute raised is, whether the acquisition of lands impugned in these writ petitions for Petrochemical Park, a major industrial project, satisfies the pious wish of the statutory mandate, for invoking emergency and dispensing with the statutory enquiry; and stands to the test of executive competency of the State Government, beneath the canop





















































































































































































































































































































































































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