The judgment established the principle of balancing developmental activities with environmental preservation, following the concept of sustainable development.

M.M. SUNDRESH, J.

( 1. )

1.1. The government of India has undertaken the project of providing a Bye pass to Trichy with a view to improve the infrastructure for agricultural, industrial, educational, health and socio-economic advancement in and around Trichy. The project of Tiruchirappalli ? Karaikudi Section of NH-210 from Km.10/000 to Km.94/000 including Trichy Bye pass on NH-67 from Km.110/016 to Km.135/930 was designed and restructured as two-lane with paved shoulders. 1.2. For the above said purpose, an alignment is required for Trichy Bye pass which starts near Thuvakudi village at Km.110/016 of NH-67 and intersects at Panchapur village at Km.135/930 at NH-45B. The said Bye pass road passes through Thuvakudi, Palanganakudi, Ilandaipatti, Kandalur, Sooriyur and Kumbakudi ? Velayuthangudi, Olaiyur, K.Sathanur South and K. Sathanur North villages of Tiruchirappalli District. The alignment also passes through Mathur, Signathakurichi and Kumaramangalam villages of Pudukottai District. Apart from the same, the alignment also passes through the Periyakulam and Kanakkankulam tanks of Sathanur village. 1.3. The Bye pass road after completion would facilitate to connect the following important National Highways roads: 1. Thanjavur? Trichy NH-67. 2. Trichy? Madurai NH-45B. 3. Trichy? Karur NH-67. 4. Trichy? Karaikudi; Karaikudi ? Ramanathapuram NH-210. 5. Trichy? Dindigul NH-45. 1.4. The respondent No.7, who is the authority to complete the project, has obtained an expert opinion from one R.Sivasamy, who is a former Chief Engineer and Administrator, who retired from the services of the Union Ministry of Surface Transport. This opinion has been obtained for the alignment at Kanakkankulam Tank. Similarly, insofar as Sathanur Periyakulam Tank is concerned, another opinion has been obtained from the said person. Apart from the said opinion, the 7th respondent has obtained one another opinion from Dr.P.Kasinatha Pandian, who has done his Doctorate degree in water resources. 1.5. The report submitted by Shri.R.Sivasamy is as follows: "The proposed alignment across the tank on the southern end of the tank is in the shallow region. The outflow from the tank is through three sluices are on western side of tank. Hence the alignment does not prevent the flow of water to the ayacut. The surplus water is let out at the southern side by the surplus weir. With a view to facilitate free flow of surplus water from northern side to southern side balancing culverts are required. The site plan of the tank sluices inlet flow and outlet flow of tank are enclosed. Further, to take case of the rain water from catchment area, the vent way of the culvert should be designed. Accordingly, it is necessary to provide 3 Nos. of Box Culvert, with a vent way of 3m width and depth of 2m above Full Tank (or) Balancing Bridge of 1 x 9 span with clear vent way. It is worth to mention that the water from the New Kattalai Canal is let into the tank for four months in a year for irrigation purpose. The tank was dry during remaining 8 months. However, the NHAI is requested to improve the surplus weir so as to have free flow of water to avoid the breach of tank. The formation of road reduces the storage capacity of tank by 10,000 cubic meter as per Cross Section, the NHAI should deepen the tank in such a way that the full storage capacity is restored. ... The K. Sathanur tank was dry when I visited the site. The Trichy Bye pass alignment passes across the tank on the north eastern part of the tank. The inflow of the tank is in the order of 55 cusecs and outflow in order of 780 cusecs. The inflow to the tank is from south-eastern side and three sluices are located on the western side and one on the northern side as shown in the sketch enclosed. The surplus water from the tank is let out by the surplus weir located on the north-east corner of the tank. There is no obstruction of flow of water to the three sluices located on the western side of the tank. With regard to