Balance between environmental maintenance and sustained development in industrialization is necessary.

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 canopy of constitutional provisions, focussed sharply on the legal screen?

II. The Impugned Proceedings

2. 1. In the public interest litigation, W.P.No.7613 of 2000 challenge is made to G.O.Ms.No.85, Industries (MID-II) Department, dated 23. 1997, whereunder the State Government had accorded sanction to acquire the lands in Kattupalli Village, Ponneri Taluk, Tiruvallur District for setting up of Petrochemical Park on the ground of environment hazards and violations of the guidelines of Coastal Regulation Zones.

2. 2. Among other writ petitions, while W.P.Nos.17195 and 17196 of 1998 are filed challenging the notification issued under Section 4(1) of the Land Acquisition Act (for brevity, "the Act") in G.O.Ms.No.232, Industries (MID-II) Department dated 16. 1998, in other writ petitions, the challenge is made to notification issued under Section 4(1) of the Act and declaration made under Section 6 of the Act in G.O.Ms.No.231, Industries (MID-II) Department, dated 16. 1998 and G.O.Ms.No.455, Industries (MID-II) Department, dated 6. 1999 respectively in W.P.No.19750 of 1999, G.O.Ms.No.216, Industries (MID-II) Department, dated 16. 1998 and G.O.Ms.No.454, Industries (MIDII) Department dated 6. 1999 respectively in W.P.No.19751 of 1999, G.O.Ms.No.810, Industries (MID-II) Department dated 111. 1999 and G.O.Ms.No.6, Industries (MID-II) Department dated 1. 2000 respectively in W.P.No.2926 of 2000, G.O.Ms.No.752, Industries (MID-II) Department dated 10. 1999 and G.O.Ms.No.935, Industries (MID-II) Department dated 112. 1999 respectively in W.P.Nos.2927, 2928 and 2930 of 2000, G.O.Ms.No.810, Industries (MID-II) Department dated 111. 1999 and G.O.Ms.No.6, Industries (MID-II) Department dated 1. 2000 respectively in W.P.No.5390 of 2000, G.O.Ms.No.754, Industries (MID-II) Department dated 10. 1999 and G.O.Ms.No.941, Industries (MID-II) Department dated 112. 1999 respectively in W.P.Nos.5913 to 5915 of 2000, G.O.Ms.No.709, Industries (MID-II) Department dated 210. 1998 and G.O.Ms.No.8, Industries (MID-II) Department dated 11. 1999 respectively in W.P.No.6903 of 2000, G.O.Ms.Nos.806 & 410 Industries (MID-II) Department dated 211. 1998 & 20.7.1998 and G.O.Ms.Nos.188 & 571, Industries (MID-II) Department dated 3. 1999 & 9. 1998 respectively in W.P.No.7476 of 2000 and G.O.Ms.No.235, Industries (MID-II) Department dated 16. 1998 and G.O.Ms.No.451, Industries (MID-II) Department dated 6. 1999 respectively in W.P.No.15858 of 2000.

III. The Backdrop of the Lis

3. 1. The State Government, with an aim to improve the economic growth in the State by establishing major industries as an industrial policy, decided to set up a Petrochemical Park as early as 1997 at the cost of Rs.30,000 crores in the State of Tamil Nadu over an extent of 7155.95 acres of lands which are spreading over i