B. Subhashan Reddy, C.J.

1. Justiciability of Governmental decision to construct a new Secretariat at Kottuppuram of Chennai city is a question for consideration in these matters. The further question is whether a draft notification issued under Environment (Protection) Rules, 1986, can be put into action even before its emergence as a final notification under sub-clause (d) of sub-Rule 3 of Rule 5 thereof.

2. The Secretariat of the Government of Tamil Nadu is presently located in Fort St.George, Kamarajar Salai. Apart from the building constructed during the British regime, new structures were erected later during 1970s. The State Government felt that accommodation was not sufficient and that the existing structures, be it old or the one constructed during 1970s, are not in good condition and that a new Secretariat building was necessary, both in terms of quantity and quality of accommodation. Earlier, the State Government thought of constructing a new Secretariat in the property occupied by Queen Mary's College, which is a few buildings away from the present Secretariat. But there was spate of litigations in W.P. Nos. 10750 of 2003 etc. batch before this Court and because