Court direction to TN government on Jaya’s memorial

The first bench comprising Chief Justice Indira Banerjee and Justice P T Asha before whom a fresh PIL moved by Advocate S. Doraisamy came in this regard on Monday, while seeking for replies from both the state and centre and a rejoinder from the petitioner thereafter posted the case for further hearing to July 13.

Advocate Elangovan appearing for the petitioner, on citing the land use breakup details for the memorial covering as much as 9.09 acres, said the Public Works Department (PWD) preferred an application to the member secretary, TNSCZMA on March 14, 2018 for Coastal Regulation Zone (CRZ) clearance. But TNSCZMA without obtaining any clearance from MoEF, State Environment Impact Authority (SEIAA) and State Level Expert Appraisal Committee (SEAC) under Environment Protection Act, 1986 and Environmental Protection Rules, 1986, granted permission to PWD for the memorial’s construction within two days.

Noting that TNSCZMA has no jurisdiction to grant the clearance since such power is vested only the Central Government, the counsel submitted that TNSCZMA being a nominee of the State Government hurriedly issued the order of clearance without following the procedure. Further, submitting that the people are poised to lose 9.09 acres of the beautiful Marina beach following its conversion as a burial ground for the former Chief Minister J. Jayalalithaa, the petitioner submitted that failure to prevent such a move at the threshold will result in the entire 13 Km stretch of Marina beach being converted into a burial ground in the next 100 years.

However, Advocate General Vijay Narayan appearing for the state contended that CRZ clearance and public hearing confines to only polluting industries and moreover, for a project involving anything to the extent of 20,000 square miles approval can be obtained by the State planning authority like the CMDA.

He also noted that the memorial is only part of the MGR memorial already in existence and the proposed additional construction confines to 4,686 sq metres.