Madras HC tells CS to instruct hill-area officials to strictly enforce special laws protecting hills and forests

CHENNAI: The Madras High Court has directed the Tamil Nadu Chief Secretary to issue instructions to officials working in hill areas, stressing that the special laws and regulations enacted for the protection of hill regions and forest areas must be strictly followed.

An appeal had been filed by the Udhagamandalam Municipality Commissioner challenging an earlier Madras High Court order that directed the municipality to pass an order within eight weeks on an application submitted by one Loganathan seeking approval to construct a building in an area under the Udhagamandalam Municipality in the Nilgiris district.

When the case came up for hearing before the bench comprising Justices SM Subramaniam and Mohammed Shaffiq, the counsel representing the municipality commissioner argued that permission cannot be granted for construction within 150 metres of a legally protected forest area and therefore, the order directing permission for construction within 17 metres of such an area must be set aside.

Pointing out that the single judge's order was contrary to the rules framed to protect hill and forest areas, the judges set aside that order.

Furthermore, the judges stated that violation of these rules would harm the environment, and therefore, officials must carefully adhere to the regulations. They also directed that disciplinary action should be taken against officials who fail to comply.

Stating that the consequences would be disastrous if hill areas are not protected, the judges ordered the State Chief Secretary to issue instructions to all officials working in hill regions to strictly follow the special laws and regulations related to hill and forest protection.