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2010 Supreme(Mad) 4858

R.BANUMATHI, S.NAGAMUTHU
Selvakumar – Appellant
Versus
Union of India, Rep by the Secretary to Central Government, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:N.R. Murugesan, T. Mohan For Ms. D. Geetha, S.K. Mani, Advocates.
For the Respondents:R1 -K.K. Senthilvelan, Asst. Solicitor General of India, R2 & R5 P. Wilson, Additional Advocate General, Assisted by C. Arul Vadivel @ Sekar, R3 & R4 -V. Rajasekaran, Special Government Pleader, R7 -R. Vijaiyakumar, R8 & R9 – Veerakathiravan, Advocates.

Judgment :-

S. NAGAMUTHU, J

1. Two thousand years ago, Saint Thiruvalluvar, in one of his couplets "on the greatness of a Kingdom" wrote thus: "TAMIL" That is: "Waters from rains and springs, a mountain near, and waters thence; These make a land, with fortress sure defence". which means: The constituents of a kingdom are the two waters (from above and below), well situated hills and indestructible fort. These writ petitions are all about waters. The conflict is between protection of environment and preparation for development. Striking a balance between these two, in public interest, shall resolve the dispute. With this prelude, let us go to the facts of these cases.

2. The National Highways Road No.67 from Tiruchirappali via Karur has been proposed to be widened. The said road passes through three villages, known as Kothamangalam, Kallikudi and Thaiyanur in Trichy District. As per the original approved project, the said road was proposed to be laid across Piratiure Aarei (Kothamangalam), Kallikudi Tank and Thaiyanur Tank, which are irrigation resources. Indisputably, for this proposal, the National Highways Authority gave appropriate approval and Environmental clearance had also be


























































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