Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 430-432 of 2007
PETITIONER:
SETHUSAMUDRAM CORPN. LTD
RESPONDENT:
RAMA GOPALAN & ORS
DATE OF JUDGMENT: 17/07/2007
BENCH:
K.G. BALAKRISHNAN & R.V. RAVEENDRAN & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION (C.) NOS. 430-432 OF 2007
WITH
TRANSFER PETITION (C.) NOS. 448-450 OF 2007
UNION OF INDIA & ORS. \005PETITIONER (S)
VERSUS
RAMA GOPALAN & ORS. \005RESPONDENT (S)
Issue notice.
Learned counsel appears and accepts notice on behalf
of the respondents.
Heard both sides.
The petitioners in both these petitions seek transfer of
three writ petitions, i.e., W.P. No. 18076 of 2007 (Rama
Gopalan Vs. Union of India & Ors.), W.P. No. 18223 of 2007
(Dr. Subramanian Swamy Vs. Union of India & Ors.) and
W.P. No. 18224 of 2007 (Dr. Subramanian Swamy Vs.
Union of India & Ors.), pending before the High Court of
Judicature at Madras to this Court. The matters are
concerning the Setusamudram Project. The petitioners have
alleged that earlier there was a writ petition filed by some
other petitioner alleging that the project would cause
serious environmental problems. That writ petition was
disposed of finally by the High Court and the Special Leave
Petitions (SLP (C.) No. 19176/2005 and SLP (C.) No.
20758/2005) are now pending before this Court. In the
batch of writ petitions pending before the High Court, the
petitioners therein have raised certain other objections and
contended that there may be an alternative alignment of the
project so that it may not cause any damage to the Adam’s
Bridge/Rama Setu which is in existence, according to the
petitioners in the writ petitions. The writ petitioners have
also alleged that there should be a detailed archaeological
survey regarding the project. The Division Bench of the
High Court issued notices in the writ petitions and by its
detailed order on 19th June, 2007, the High Court has also
given a direction to the Union of India to disclose whether
any archaeological survey was done to consider Adam’s
Bridge/Rama Setu can be regarded as a National Monument
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under the Ancient Monuments as Archaeological Sites and
Remains Act, 1958. Certain issues in the matters pending
before us and the writ petitions before the High Court are
common. In all these proceedings the petitioners are
opposing the project and have raised various questions.
In view of the pending proceedings before this Court
and in the interest of justice that the writ petitions which
are pending before the High Court of Madras are transferred
to this Court. Accordingly, the transfer petitions are
allowed.
As the High Court has given certain directions in the
pending writ petitions, the respondents in the writ petitions
who were the petitioners before this Court shall file a
detailed affidavit in the transferred cases, indicating their
stand, and the steps taken by them.
The Transferred Cases shall be listed with the pending
Special Leave Petitions after four weeks.