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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.