ORDER :

G.R. Swaminathan, J.

1. Delivering J.R.D. Tata Oration on Business Ethics on the theme "The past and future of the environmental movement", Dr. Ramachandra Guha, an eminent intellectual and historian, remarked that we were not bequeathed this earth by our ancestors, but have inherited it for our children. The three great ethical questions raised by the environmental movement are equality between species, equality within a single generation and equality between generations. We must, therefore, be attentive to the rights of future generations of humans.

2. After exploring these questions through the prism of historical narrative, Dr. Ramachandra Guha concludes by speculating on the future. In this talk delivered in November, 2001, he speculated that by October 2017 the old order shall collapse under the weight of massive social unrest and an eco-fundamentalist party will come to power and initiate a series of radical measures such as abolition of the motor cars and of materials such as plastics that cannot be recycled. But, he himself dismissed such a possibility as India is far too variegated a country to be successfully ruled by authoritarian means. However, he expressed his hope that a new political formation might in time crystallise around a platform of environmental and social renewal.

3. We are inclined to think that the hopes expressed by Dr. Ramachandra Guha are more likely to be fulfilled by the judiciary by striking down environmentally destructive measures and by nudging as well as commanding the executive.

4. In this writ petition, we are concerned with Kodaikanal, a well known tourist destination. It is a part of the Palani hills and an extension of the western ghats. It is situated at a height of over 7000 feet above the sea level. It is known for its rich flora and fauna. There are shola forests, naturally occurring streams, grasslands and waterfalls.

5. In such a scenic location, Hindustan Unilever established a thermometer factory. It caused widespread mercury pollution. The unit was shut down in the year 2001 after many years of operation. Kodaikanal has been witnessing systematic assault on its ecosystem due to indiscriminate felling of trees and construction of buildings. As early as in the year 2004, the Madras High Court issued directions in the nature of a continuing mandamus in WP No. 268 of 2004. The authorities were directed to take prompt and strict action against unauthorised constructions. But, the officials turned a blind eye. The existing ones continued to flourish. Scores of new ones also sprang up. In this background, while dealing with some writ petitions during 2017-18, this Court directed the authorities to take strict enforcement action. As a result of coordinated action taken by the Kodaikanal Municipality and TANGEDCO, a number of buildings came to be locked and sealed. The case on hand espouses the cause of the affected building owners.

6. The petitioner herein represents those who are owning hotels and resorts in Kodaikanal. They are providing boarding and lodging services to the tourists visiting Kodaikanal. The petitioner proclaims that he is for a sustainable development so that the growing needs of Kodaikanal population as well as the tourist inflow can be balanced with the ecological demands. He points out that the draft Master Plan was issued in the year 1988 and that it was approved vide G.O. Ms. No. 170, Housing and Urban Development (UDI V) Department dated 04.03.1993 As per Section 32 (2) (b) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Master Plan should be updated once in every five years. The writ petitioner would claim that the old Master Plan lapsed in the year 1998 itself and that for over 19 years, it has not been modified. The contention of the writ petitioner is that the old Master Plan has become outdated as it was prepared by taking into consideration of the then land use, population and the tourist inflow & potential during