R. Sudhakar, J.

The Writ Petitions are filed in public interest to issue a writ of declaration to declare the resolution of the 3rd respondent dated 16. 2006 in the emergency meeting held on 16. 2006 to establish the new bus stand in the Tindivanam Ery land (Survey Nos.33/4 and 36/5) as illegal, arbitrary and contrary to Environmental law declared by the Honble Supreme Court and consequently direct the respondents to implement G.O.Ms.No.136 dated 19. 2006.

2. In both the writ petitions the facts and the relief sought for are similar. Hence, both the writ petitions are taken together and disposed of by this common order.

3. The brief facts of the case of the writ petitioners in both the case is as follows:-

(i) After construction of fly over in Tindivanam Municipal Town, the existing old bus stand was not sufficient to cater to the needs of the public and is causing traffic congestion. The Tindivanam Municipality, initially has taken a decision to establish new bus stand in Tindivanam Ery in R.S.Nos.33/4 and 35/5 measuring 6 acres. The Council of the third respondent, on 211. 1991 requested the first respondent government to grant permission to enter upon the land pending finalisation of alienation of the land. Thereafter, the then elected body of the Municipal Council of the third respondent passed Resolution No.473 dated 25. 1998 giving its concurrence for the alienation of Tindivanam Ery and thoppu poramboke lands for the new bus stand. The District Collector, Villupuram by his communications dated 1. 2000, 23. 2000 and 16. 2000 recommended the proposal of the Tindivanam Municipal Council to the first respondent. The first respondent Government in G.O.No.101 dated 3. 2001 passed orders alienating the Ery and thoppu lands in all measuring 6 acres in R.S.Nos.33/4 and 36/5 to the third respondent on payment of Rs.12,79,488/-towards cost of the land and Rs.1,361/- towards the cost of standing trees. On payment of money, the land was handed over to the third respondent on 11. 2003. After this no action was taken.

.(ii) The construction of new bus stand on the Ery is not a good proposal in public interest. The public are opposing the construction of new bus stand on the Ery land as the same would damage the water resources and the water table of Tindivanam Town will go down. The rain water should accumulate in the Ery, however, if the same is filled up for the bus stand purpose, it would result in the flooding of Tindivanam Town during monsoon and other rainy seasons. If new bus stand is put up in the Ery land, it will result in development of the adjacent places and it will cause further damage the entire Ery resulting in pollution. In this process, the entire rain water body, the Ery will be decimated in the near future and cannot be revived by any means. It will cause a permanent and irrevocable damage to the ecology.

(iii) In view of the public opposition for establishing new bus stand in the Ery land, the then elected body of the Tindivanam Municipal Council, on 30.7.2004 passed a resolution No.354 to establish the new bus stand in the land belonging to Wakf Board at Survey No.202 measuring 6 acres on the National Highways No.45 in Gidangal village on the Mylam Road, Tindivanam. The said land is about 250 metres away from the existing bus stand and the same is within the Town limits of Tindivanam. Second respondent Commissioner of Municipal Administration permitted the third respondent to appoint a consultant for construction of new bus stand vide its proceedings dated 6. 2004. Third respondent Municipality passed resolution No.444 dated 30.9.2004 to appoint consultant for designing the bus stand.

(iv) As two resolutions were passed by the Tindivanam Municipality one on 25. 1998 by the past elected body of Municipal Council to establish the new bus stand in the Tindivanam Ery and other one on 30.7.2004 by the subsequent elected body of the Tindivanam Municipal Council to establish the new bus stand in Wakf B