S. NAGAMUTHU, J. - (1.)TWO thousand years ago, Saint Thiruvalluvar, in one of his couplets "on the greatness of a Kingdom''' wrote thus: JUDGEMENT_341_MADLJ2_2011Image1.jpg That is: "Waters from rains and springs, a mountain near, and waters thence; These make a land, with fortress' sure defence". which means: The constituents of a kingdom are the two waters (from above and below), well situated hills and indestructible fort. These writ petitions are all about waters. The conflict is between protection of environment and preparation for development. Striking a balance between these two, in public interest, shall resolve the dispute. With this prelude, let us go to the facts of these cases.
(2.)THE National Highways Road No. 67 from Tiruchirappali via Karur has been proposed to be widened. THE said road passes through three villages, known as Kothamangalam, Kallikudi and Thaiyanur in Trichy District. As per the original approved project, the said road was proposed to be laid across Piratiure Aarei (Kothamangalam), Kallikudi Tank and Thaiyanur Tank, which are irrigation resources. Indisputably, for this proposal, the National Highways Authority gave appropriate approval and Environmental clearance had also been obtained from the Central Government. Based on the said proposal, the National Highways Authority requested the District Revenue Officer, Trichirappalli, to acquire the required lands for the implementation of the project. But, subsequently, the third respondent, the State Government, appears to have requested the fifth respondent to re-align the road on the ground that there were certain objections from the farmers, who are the beneficiaries of Kallikudi Tank.
The Government of Tamil Nadu, accordingly, forwarded a proposal of re-alignment for approval by the second respondent - National Highways Authority of India. As per the proposed new alignment, (hereinafter referred to as the "new alignment"), the road was proposed to run through the middle of the three tanks. But, the said proposal has not been approved by the second respondent - National Highways Authority of India.

While so, the fourth respondent issued notice under the National Highways Authority of India Act, 1988, intending to acquire certain lands for the purpose of forming new road, as per the new unapproved alignment. The Ayacutdars, for the said proposal, raised serious objections and the same were rejected by the District Revenue Officer - fourth respondent. It came to be challenged by the Tamil Nadu Agriculturists Association, Manikandam Ondirum, rep. by its Organiser M.P. Chinnadurai, Melapettai, Allithurai, Trichy by way of a Public Interest Litigation in Writ Petition (MD) No. 9112 of 2009 and yet another writ petition by an individual farmer in W.P.(MD).No.9510 of 2009.

(3.)IN those two writ petitions, the farmers raised several objections for the new alignment stating that it will virtually make the tanks defunct. IN those writ petitions, it was contended by the respondents that the laying of the road,as per the new alignment would not in any manner minimize the storage of water in these three tanks and the irrigation. It was also contended that though the road divides the lakes into two segments, it will make way for free flow of water from one side to the other side by means of culverts across the road. After having considered the above contentions and after having referred to various judgments of the Hon'ble Supreme Court, a Division Bench of this Court, by order dated 23.12.2009, (one of us Justice S. NAGAMUTHU was a member of the Bench), found justification in the submissions of the farmers. However, with view to strike a balance between the public interest involved in the laying of the road as per the project and the interest of the farmers, who are the beneficiaries of these tanks and the other factors like ecology, environment etc., this Court, while interfering with the proposal of the National Highways Authority, to lay the road as per the new alignment, issued the following directions:
"(i) The National Highways Authority of INdia shall form a Committee of Experts who will visit the tanks and the nearby places, incoordination with the District Administration, Public Works Department and in the presence of Ayacutdars, after making proper publication of the visit and explore the possibility of realigning the road so as to either completely avoiding the road passing through the tanks in question or to minimise the disturbance to the tanks. While doing so, the Committee will consider all the objections of the agriculturists, the beneficiaries of Kallikudi Tank as well as Punganoor Tank. (ii) The District Collector and the Chief Engineer, Public Works Department, are directed to give full assistance and cooperation to the National Highways Authority of INdia and the Experts Committee to complete the said exercise as directed above. (in) The agriculturists, who are the beneficiaries of both the Punganoor and the Kallikudi Tanks, may submit their further written objections, if any, to the National Highways Authority of INdia as well as to the Committee, which shall be duly considered by the Committee as well as the National Highways Authority of INdia. (iv) Having regard to the fact that the project has to be completed before July, 2010, the National Highways Authority of INdia, the District Collector and the Public Works Department shall expedite the exercise. (v) Until the said exercise is completed and a new alignment is approved by the National Highways Authority of INdia, the project, insofar as the same passing through the Tanks in question, shall be kept in abeyance. (vi) The impugned order of the District Revenue Officer is set aside."

Admittedly, the said order of the Division Bench has become final. Based on the above directions of this Court, an Expert Committee was constituted by the National Highways Authority of India consisting of Dr. G.R. Swaminathan, Professor, Civil Engineering Department, National Institute of Technology, Tiruchirappalli, Mr. A. Rengasamy, District Environmental Engineer (i/c), Tamil Nadu Pollution Control Board, Tiruchirappali and Mr. K. Govindaraj, (Former National Expert Committee Member of Infrastructure & Miscellaneous Project, MOEF, Government of India, New Delhi, SEVAI, Non-Governmental Organization, Tiruchirappalli. The said Committee was co-ordinated by Mr. V. Dakshnamoorthi, District Revenue Offier, Tiruchirappalli, Mr. Moorthi, Chief Engineer, PWD, WRO, Tiruchirappalli and a Member Convenor Mr. M. Thanamani, The Project Director, National Highway Authority of India, Karur.