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Judgment
Markandey Katju, C.J.—Heard learned Counsel for the parties. The Petitioner has challenged the order dated 9.6.2004 u/s 49 of the Tamil
Nadu Town & Country Planning Act, 1971 and the consequential order dated 30.6.2004.
Without going into the merits or the validity of the order, we are of the opinion that the Petitioners have a right of appeal u/s 79 of the said Act.
Hence, we are of the opinion that the Petitioners should avail the alternative remedy u/s 79 of the said Act before the prescribed authority which
has been defined in Section 9-D(18) to mean the Government.
Mr. Sriram Panchu, learned senior counsel for the Petitioners urged that the matter is very serious as there is clear violation of the relevant
Notification u/s 3(1) and 3(2)(v) of the Environment Protection Act, 1986. We are of the opinion that all points urged in this petition can be taken
before the State Government in the Petitioners'' appeal u/s 79 of the said Act. Since we agree with Mr. Sriram Panchu, learned senior counsel that
the matter is serious, we are of the opinion that it should be decided by the highest officer in the State, that is, the Chief Secretary, Government of
Tamil Nadu or some very Senior Officer of the State Government not below the rank of Secretary to the State Government to be nominated by
her.
Learned senior counsel for the Petitioners states that the appeal will be filed tomorrow with a stay application u/s 79(5) of the said Act. Copies
of the appeal and stay application u/s 79(5) should be served on the counsel for all the parties who are before us today. The stay application shall
be heard and disposed of by the Chief Secretary or Officer nominated by her preferably by Monday next after hearing the counsels for the parties.
The appeal should also be disposed of at an early date preferably within two months from today.
We make it clear that we are not making any observation whatsoever on the merits of the case and that shall be decided by the Chief Secretary
or the Officer nominated by her. We are confident that the Chief Secretary or Officer nominated by her who is a Senior Officer will decide the
matter fairly in accordance with law after hearing the parties concerned. The writ petition is disposed of accordingly. No costs. Connected
WP.M.P. is also dismissed.