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Thervoy Gramam Munnetra Nala vs The Union Of India.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Sep 16, 2009
Source
UNEP, InforMEA
Nom du tribunal
High Court of Madras
Siège de la cour
Madras
Juge
IBRAHIM KALIFULLA, F.M.
BANUMATHI, R.
Langue
Anglais
Sujet
Terre et sols, Environnement gén.
Mot clé
Développement durable Régime foncier Propriété étrangère Planification territoriale
Résumé
Nearly 250 ha were classified as ‘Meikkal Poromboke’ and the government decided to set up an industrial park on the lands and issued notice on January 11, 2007 regarding their transfer. The panchayat passed a resolution consenting for the transfer of the lands to SIPCOT. Tamil Nadu government by order dated 13.11.2008 transferred the lands coming under two survey numbers in Thervoy Kandigai village in Tiruvallur district to SIPCOT for setting up the industrial park. The petitioner association sought quashing of the order, claiming that the use of the lands, which were ‘Meikkal Poromboke’ should not be changed. The petitioners’ grievance was that the lands were used for grazing cattle and also for an afforestation programme. The proposed park would severely pollute the land and limited water resources. SIPCOT replied that the Sangam was formed just 10 days prior to filing of the petition and lacked bona fide. Before transfer of the lands to SIPCOT, a public notice was issued. The statements of the public were recorded. The Bench said the contention that there was no public notice and that there was violation of principles of natural justice was untenable. No afforestation work was carried out in the village under the Tamil Nadu Afforestation Programme nor there was proof that the poromboke lands were Ryotwari tracts or that the village panchayat had regulated its use at any point of time. As regards the change of land use, from Meikkal Poromboke to industrial area, the government was the best person to decide. It was not as if the government had arbitrarily taken a decision. No justifiable reason had been made out for quashing the G.O., the Bench said. It issued directions, including that SIPCOT should approach the Ministry of Environment and Forests to get environmental clearance before proceeding further with development activities; the authorities should cultivate fodder as directed in the court order and the cultivation should be placed at the disposal of the village panchayat to benefit cattle.
Texte intégral
COU-156259.pdf