‘Man worships invisible God, destroys visible nature’: Madras High Court junks ecologically sensitive land allotment order

Issue before court

• The dispute stems from the purchase of 5 acre land in Koothapakkam village by the school in 1979.
• The state later resumed the land to allot it to a temple after objections were raised claiming the land historically belonged to the temple.
• Earlier, in 2019, the Madras High Court had directed the State to allot alternate land of not less than 4.5 acres to the school within Cuddalore district with proper road access so that the institution could continue its educational activities.
• However, through the impugned government order, the state allotted government land classified as “sand dunes” in Periyapattu village of Bhuvanagiri Talu.
• The school challenged the decision, contending that the allotted land was unsuitable for establishing an educational institution and was significantly lower in value.
• The petitioner contended that the value of the land was not even 25% of the land value already allotted to the petitioner-school.
• It was argued that the land lacked proper access, and that it could not be used for the purposes of the educational institution as it was classified as sand dunes.

Crucial remarks

• The land in Periyapattu Village is classified as sand dunes. Sand dunes are the natural buffers that protect the land from storms and other events.
• They act as sand reservoirs. They are habitats for certain flora and fauna. They are an eco-sensitive system of utmost importance.
• Without realising that these Sand Dunes are also the incarnation of Lord Sri Devanatha Swami, who protects its land and people, the authorities deemed it fit to allocate to the petitioner, for development.
• In their endeavour to protect the sentiments of the devotees of the Temple, they had attempted to give away God himself.
• Without considering the ecological importance of the sand dunes, the Government acted recklessly, in violation of the public trust doctrine imposed upon it.
• It can be seen that when the petitioner’s land, worth approximately Rs.8 Crores in Cuddalore town, is taken back, the land that is allotted has a value of Rs. 2 Crores and is located 34 kilometres from Cuddalore Town without any road access.
• The State, like any other individual should act conscientiously.

Ruling

• The government order allotting the alternative land quashed.
• The petitioner to report to the district collector, and the district collector, in consultation with the appropriate authorities, shall make sincere efforts to thoroughly investigate the land in Thiruvanthipuram Village, Cuddalore District.
• If feasible, an appropriate extent, reflecting equal value, shall be allotted to the petitioner.
• If the land mentioned above is not feasible, any other suitable land in and around Cuddalore Corporation shall be identified.
• The identification shall be completed within four weeks, finalised, and then presented to the government.