CHENNAI: An activist has approached the Madras High Court to contest a government order (GO) from the Tamil Nadu government. This order allows urban planning authorities to approve housing layouts in hilly areas and make land-use changes, sidestepping the essential clearance from the Hill Area Conservation Authority (HACA).
The court admitted the plea on Wednesday, with the first bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan directing the state government to respond within four weeks.
According to the petitioner, S. Muralidharan, the HACA was established in 1990 to safeguard ecologically sensitive hill regions from the effects of urbanization and industrial expansion. Under its regulations, developments cannot occur in 597 identified villages without prior consent from HACA.
However, a GO issued in February enabled urban planning authorities to approve housing layouts and land-use modifications without needing HACA’s clearance.
The petitioner argued that this order undermines current environmental protections and could result in ecological harm to hill areas. He requested the annulment of the GO and for an interim order to prevent planning authorities from approving layouts and constructions in these regions based on the new directive.
He asserted that the GO contradicts the fundamental purpose for which the HACA was established and was issued without any disclosed environmental assessments or scientific evaluations. He further stated that the GO is arbitrary and violates Article 14 of the Constitution, infringing on the right to a clean and healthy environment, a component of the right to life as ensured by Articles 21, 48A, and 51(A)(g) of the Constitution.
