Financial Daily from THE HINDU group of publications
Friday, May 06, 2005
Financial Daily from THE HINDU group of publications Friday, May 06, 2005 |
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Roadways Laying of concrete road on Neelangarai beach stayed Our Legal Correspondent
Chennai, May 5 AN attempt to lay a permanent concrete road on the sands of the popular Neelangarai beach near Chennai by some unknown persons has been thwarted, thanks to the timely intervention by the Madras High Court. A Division Bench comprising Mr Justice M. Karpagavinayagam and Mr Justice C. Nagappan, who heard arguments by the petitioner, Mr R. Rajagopalan of Neelangarai, ordered interim injunction and notice to the respondents, the Collector of Kanchipuram and the Member-Secretary, CMDA, Chennai. The petitioner, through a public interest litigation, submitted that the Neelangarai beach was one of the finest beaches at Chennai which helped the local residents to enjoy pure air, clean sea breeze, an unpolluted atmosphere and the perfect environment - these were so essential for leading a healthy life. To his dismay, he noticed on January 29 that certain unknown persons were encroaching upon the beach by laying a permanent road right on the beach sands. Huge stocks of debris of demolished buildings, gravels, etc had been dumped in the area so as to lay the road. The petitioner said that the persons who were seen laying the illegal road were repeatedly told not to do so as the beach area came under the jurisdiction of the Coastal Regulation Zone, without whose prior permission such activities like laying of roads should not be undertaken. The persons concerned did not bother to take the advice seriously, and went ahead with the laying of the road. The petitioner, therefore, represented on February 2, 2005 to the 2nd respondent (Member-Secretary, CMDA) pleading for his immediate intervention so that the laying of the road was stopped forthwith. Subsequently, he sent a representation to the Collector of Kanchipuram, but there had been no proper response. Under the Coastal Regulation Zone notification of Ministry of Environment and Forests dated February 19, 1991, construction activities like laying of roads on the beach were prohibited, and this was brought to the notice of the respondents, the petitioner said, and contended that the Doctrine of Public Trust propounded by the apex court highlighted the principle that the natural resources such as air, sea, water and forests should be preserved. The Government had a duty to safeguard these resources in the interest of the nation and the people. The petitioner prayed for grant of interim injunction restraining the persons concerned from proceeding with the laying of the road on the sands of Neelangarai beach.
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