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2011 Supreme(Mad) 1716
2011 WLR 404, 2011 (1) CWC 913, 2011 (5) MLJ 1
High Court of Judicature at Madras
M.Y. EQBAL & T.S. SIVAGNANAM
S. Venkatesan
Versus
Government of Tamil Nadu Rep. by its Secretary Municipal Administration and Water Supply Department & Others
W.P.No.23163 of 2009 & M.P.Nos.2 & 3 of 2009
Decided on : 28-03-2011
For the Petitioner:Ms.R. Vaigai for Balan Haridas, Advocates. For the Respondents:R1 & R2 - P.S. Raman Advocate General assisted by J. Rajakalifulla, G.P., R3 - P. Srinivas, R4 - R. Raman Lal, Advocates.
The court balanced the interest of environment and the need of the general public, ensuring that the eri is either deepened or the tank bund is increased before the commencement of the project for construction of the new bus stand.
Headnote:
Public Interest Litigation - Location of new bus stand - G.O.Ms.No.191 - [Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, Environment Protection Act, General Condition (GC)] - The court balanced the interest of environment and the need of the general public, ensuring that the eri is either deepened or the tank bund is increased before the commencement of the project for construction of the new bus stand.
Fact of the Case:
The petitioner, a resident of Tindivanam, challenged the Government order permitting the establishment of a new bus stand in the eri, citing illegal action, contrary to law, and detrimental environmental impact. The respondents argued that the establishment of the bus stand was in public interest and as per norms to protect water bodies.
Finding of the Court:
The court found that the Government's decision to establish the new bus stand in the eri site was in public interest, balancing the need for the bus stand and the protection of the environment. The court directed the respondents to ensure the eri is either deepened or the tank bund is increased before commencing the project.
Issues: The primary issue was the legality and environmental impact of establishing a new bus stand in the eri. The court also considered the direction issued by an earlier Division Bench and the need to balance public interest and environmental protection.
Ratio Decidendi: The court balanced the interest of environment and the need of the general public, ensuring that the eri is either deepened or the tank bund is increased before the commencement of the project for construction of the new bus stand.
Final Decision: The court disposed of the writ petition, directing the respondents to ensure that the eri is either deepened or the tank bund is increased before commencing the project for construction of the new bus stand.
THE HON'BLE THE CHIEF JUSTICE & T.S. SIVAGNANAM, J.
1. By way of this Public Interest Litigation, the petitioner has prayed for issuance of a writ of Certiorarified Mandamus to quash the Government order in G.O.Ms.No.191, Municipal Administration and Water Supply Department, dated 12.10.2009 and for a direction upon the respondents to establish the Tindivanam bus stand in a place other than survey No.33/4 and 36/5, which is part of Tindivanam eri.
2(i).The petitioner is a resident of Tindivanam and he was born and brought up at Tindivanam and the primary objection raised in this writ petition is regarding the location of the proposed new bus stand at Tindivanam in R.S.No.33/4 and 36/5 measuring an extent of 6 acres, which is classified as Eri.
2(ii) The Case of the petitioner could be summarized as follows:-
The third respondent Municipality made a request on 27.11.1991 to the Government to grant permission to them to enter upon the land comprised in R.S.No.33/4 & 36/5, measuring an extent about 6 acres for the purpose of construction for a new bus stand, pending finalization of the alienation of the land. After a period of more than seven years, the respondent Municipality passed a resolution on 25.05.1998, giving its concurrence for alienation of the said land for the new bus stand and the District Collector recommended the proposal to the Government. The Government by G.O.Ms.No.101, dated 05.03.2001 passed orders for alienation on payment of a sum of Rs.12,79,488/- towards the cost of the land and Rs.1,361/- towards the standing trees. It is stated that the respondent Municipality remitted the amount and land was handed over to the Municipality on 14.01.2003. It is stated that there was public opposition for establishment of the new bus stand in the Eri and the Municipal Council of the third respondent Municipality passed a resolution on 30.07.2004 to establish a new bus stand in survey No.202, measuring an extent of 6 acres, which belonged to the Wakf Board (hereinafter referred to as the Wakf land). It is stated that the Wakf land is situated about 250 mts from the existing bus stand and is within the Tindivanam town. Based on such resolution, steps were taken by the respondent Municipality to appoint a Consultant on tender basis for the establishment of the new bus stand. This resolution of the Municipality appears to have been challenged by way of the writ petition before this Court and the writ petition was dismissed.
(iii) The respondents 2 and 3 proceeded with the necessary formalities to establish the new bus stand in Wakf land. It is stated that the report submitted by the District Collector dated 11.02.2005, certified that the land is suitable for construction of the new bus stand. The Wakf land was proposed to be taken on lease and the Wakf Board agreed upon the lease amount and the same is stated to have been remitted by the Municipality. The Government by G.O.Ms.No.136, dated 15.09.2005, accorded permission to the respondent Municipality to take over the wakf land on lease basis for construction of the new bus stand. While so, the respondent Municipality passed another resolution in its emergency meeting held on 13.06.2006, seeking approval for the construction of the new bus stand in the eri site instead of the wakf land. The petitioner filed a writ petition being W.P.No.19388 of 2006, challenging the said resolution dated 13.06.2006 and for a consequential direction upon the respondent to implement the G.O.Ms.No.136, dated 15.09.2006, where the Government accorded permission to establish the bus stand in the wakf land. The said writ petition along with W.P.No.7243 of 2007, was disposed of by a common judgment and order dated 22.07.2009, with a direction to the Government to take a final decision in the matter. The Government by G.O.Ms.No.191, dated 12.10.2009, permitted the establishment of the new bus stand in the eri site and cancelled the earlier Government order permitting to establish the new bus s
