The main legal point established in the judgment is the importance of public consultation and environmental impact assessment in the context of land allotment for projects such as Solid Waste Management Plants.

(K.K. SASIDHARAN, J.)

The substantial issue involved in all these writ petitions and connected writ appeal pertains to the decision taken by the Government of Tamil Nadu to allot an extent of 70 acres of land and the consequential entry permission given to the municipalities of Ambattur, Maduravoyal, Thiruverkadu, Valasaravakkam and Poonamallee and Porur Town Panchayat to establish their Solid Waste Management Plant in Kuthambakkam Village in the District of Thiruvallur.

2. The writ petitions in W.P.Nos.15525 and 15526 of 2009 and Writ Appeal No.1100 of 2009 are at the instance of Kuthambakkam Panchayat and Writ Petition Nos.10641 to 10643 of 2009 were preferred by a local resident of Kuthambakkam Panchayat.

3. Since the issue involved in all these matters are basically the same and the main grievance was on account of allotment of land in the possession of the panchayat for the purpose of establishment of Solid Waste Management station for other local bodies, the factual matrix as found in W.P.No.15525 of 2009 is taken to narrate the background facts.

W.P.NO.15525 OF 2009

THE FACTS - THE CASE OF THE PETITIONER:

4. The petitioner is the President of Kuthambakkam Panchayat, which is stated to be a model village and nominated for the UN Habitat award and the recipient of commendation from the United Nations.

5. The Panchayat by name Kuthambakkam Panchayat, situated at Poonamallee Taluk, Thiruvallur District consists of seven hamlets and agriculture is the main source of livelihood for the villagers. There are about 1,195 families and more than 55% of them are Dalits and landless labourers. Nearly 1000 cattle of the villagers are dependant on 100 acres of common grazing land in the village. These live-stock also provide a substantial source of livelihood for the villagers at Kuthambakkam. For many of these families the cattle they possess is a major source of livelihood and being landless, they are entirely dependant on the common grazing lands. In the absence of these grazing lands, cattle cannot survive and the villagers would be left with no other economic sustenance. The revenue records of Kuthambakkam Village shows that an extent of 99.61 acres of land in Survey No.820/1C had been classified as grazing ground and the said land is vested with the petitioner Panchayat as provided under Sections 132 and 134 of the Tamil Nadu Panchayats Act. The said land which is the communal property of the villagers of Kuthambakkam village is being administered by the petitioner for common benefit. The village is situated less than 50 metres from Chembarabakkam lake, which is a fresh water lake and is one of the main sources for supply of drinking water to Chennai City and its suburban areas. The entire Kuthambakkam and neighbouring area which consists of vast tracts of agricultural land, is the main catchment area for the Chembarambakkam lake.

6. While the matters stood thus, the Municipalities of Ambattur, Maduravayal, Tiruverkadu, Valasaravakkam, Poonamallee and Porur Town Panchayat appears to have approached the Government with a proposal for establishing a Municipal Solid Waste Generation Station. The local bodies were in need of adequate lands for establishing common Integrated Solid Waste Management and sanitary land fill facility. The Collector of Thiruvallur District identified the grazing land in Kuthambakkam village as the suitable site for setting up the proposed project and it was intended for all these local bodies. However before taking a decision by the Collector and the Government, no notice was issued to the Village Panchayat.

7. There is a prescribed procedure as contained under Section 134 of the Tamil Nadu Panchayats Act and Rules 3 and 4 of the Tamil Nadu Panchayats (Restriction and Control to Regulate the use of Porombokes in Ryotwari Tracts) Rules, 2000, in the matter of taking over the land for any other specific purpose. However the said procedure was not followed by the District Collector. In fact, when