Private rights are subordinate to public welfare, particularly in matters of ecological protection.

O R D E R

Heard both sides.

2.The writ petitioners are the residents of Kodaikanal Taluk. They are owning the petition-mentioned earth movers. They sought permission from the authorities to operate the petition-mentioned JCB engines. Since their request was not considered, the present writ petition has been filed.

3.The respondents have filed counter affidavit and the learned Special Government Pleader took me through its contents. It is seen that the District Collector, Dindigul had already issued proceedings dated 23.03.2011 stipulating that without permission from the District Administration, earth movers and other heavy machineries cannot be taken to Kodaikanal limits. Based on the said proceedings, the Circular dated 30.06.2015 has also been issued by the Revenue Divisional Officer, Kodaikanal. It had been further directed that such earth movers should be removed from Kodaikanal limits.

4.A learned Single Judge of this Court in Neelamalai Agro Industries Limited v. District Collector (2012 SCC OnLine Mad

2810) held as follows :

“...In that case, an impleading application was filed in M.P. No. 5 of 2008 by the Nilgiris District JCB and Pocline Owners Association stating that they were using the vehicle only for carrying on construction and agricultural activities. The division bench in paragraph 10 had observed as follows:

“10…..This Court has not made any observations against one or other individual, either officer or organisation, but it cannot be accepted that JCB, tipper lorries or Pocline are used for agricultural activities, that too in a hilly region like Nilgiris. The buildings may be constructed or demolition may be made, but it should be done only with the permission of the competent authority like Corporation or local Panchayat or Collector. If permission is granted for construction of a building or demolition of a building, in such case, one may use heavy vehicle like JCB, tipper lorries or Pocline on permission, but otherwise we find no ground made out as to why JCB, tipper lorries and Pocline should be used for agriculture or any other purpose. If the respondents intends to check illegal mining activities and for that if they intend to regulate the movement of JCB, tipper lorries, Pocline and other heavy vehicles, we leave it open for the competent authorities, who may do so in the interest of administration and protection of ecology.”

Permitting heavy machineries like JCB in Kodaikanal will certainly cause irreparable damages to the existing stability of the hill which cannot be reversed back at any point of time, if destroyed. The measures taken by the District Administration are intended only to preserve the environment of Kodaikanal which has already become so fragile.

5.Kodaikanal Taluk in Dindigul District is one of the notified hill taluks falling under the jurisdiction of the Hill Area Conservation Authority (HACA). Consequently, any major construction, change in land use, quarrying, mining, or other developmental projects in Kodaikanal necessarily require prior clearance from the Hill Area Conservation Authority. Paragraphs 11 and 12 of the counter affidavit read as follows :

When the decision of the executive is based on relevant factors and is intended to protect the environment, the writ court should be very slow to interfere.

6.The petitioners no doubt have fundamental right to carry on business under Article 19(1)(g) of the Constitution of India . But this right cannot be an absolute right. It is subject to reasonable restrictions and regulations. In any event, Article 19(1)(g) does not guarantee the fundamental right to carry on trade or business which destroys ecology. Private interests have to give way and are subordinate to public weal. This is all the more so when enforcement of