(11)As rightly pointed out by the learned Advocate General appearing for the 1st respondent, for conducting the Foundation Stone Laying ceremony, no formal permission from any authority is required. The said function can very well go on as scheduled.[G.R.S.,J] [P.B.B.,J]
WP.No.13881/2024 & WMP.No.15054/2024
G.R.SWAMINATHAN, J., AND
P.B.BALAJI, J.
[Order of the Court was made by G.R.SWAMINATHAN, J.,]
(1)Heard Mr.A.Yogeshwaran, learned counsel for the petitioner ; Mr..P.S.Raman, learned Advocate General appearing for the 1st respondent and Mr.Ar.L.Sundaresan, learned Senior Counsel assisted by Mr.B.Vijay, learned Standing Counsel appearing for the 2nd respondent.
(2)The petitioner is a practising Senior Counsel. He has filed this writ petition for the following relief :-
Directing the respondents to forthwith engage experts in conservation, architecture and town planning to frame a comprehensive master plan for the future development of the precincts of our High Court and refrain from erecting any structures including the proposed 5 storey bulding in the law college campus inside the High Court premises until the preparation of the master plan.
(3)He has also filed a miscellaneous petition for restraining the respondents from conducting the foundation stone laying ceremony for the proposed five storey building in the law college campus inside the High Court premises on 22.05.2024 or any other date pending disposal of the present writ petition.
(4)The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition.
(5)The learned Advocate General produced a copy of the Minutes of the Meeting of the Hon’ble Building Committee, High Court of Madras, held yesterday [20.05.2024] at 3.00 p.m. The same is extracted hereunder:-
”The G.O. for the construction of the 5 storeyed building was issued on 17.11.2023. All the arrangements for the foundation stone laying function on 22.05.2024, including despatch of invitations, have been completed. The representation dated 16.05.2024 from Mr.N.L.Rajah, Senior Advocate, was received by the Registry in the afternoon of 17.05.2024 and the representation dated 19.05.2024 from Mr.T.Mohan, Senior Advocate was received on 19.05.2024.
The Committee considered the representations made by Mr.N.L.Rajah and Mr.T.Mohan, Senior Advocates. The Committee also perused the report dated 18.05.2024 from the Engineer in Chief, Public Works Department. The Committee is of the opinion that still more views of the experts should be solicited, before taking a final decision.
The decision on the objections raised in the above representations, will be taken after the receipt of the further views from experts and competent authorities. The construction activity near the old Law College Building will be carried out, after a final decision is taken by the Committee in the next Meeting.”
(6) The aforesaid decision taken by the Hon’ble Building Committee addresses the immediate concerns of the writ petitioner.
(7)We are confident that the respondents will follow the mandate prescribed under Section 58 of the Tamil Nadu Town and Country Planning Act, 1971 and that they will bear in mind the need to preserve the aesthetic features of the High Court Campus. We are equally sure that the proposed construction will not in any way endanger the structural stability of the Law College buildings.
(8)We originally intended to close the writ petition by recording the aforesaid stand of the Hon’ble Building Committee. The petitioner has raised yet another contention. According to him, in the High Court campus, there exist ancient monuments in the form of tombs and that the proposed construction is within the prohibited distance.
(9) The learned Advocate General points out that the said tombs have been ordered to be relocated vide order dated 27.06.2023 made in WP.No.32163 of 2022. It is seen that the petitioner herein has filed a third party writ appeal in WA.Sr.No.94188 of 2023. He has also filed a Leave Petition in CMP.No.18417/2023. The Archaeological Survey of India has also filed a writ appeal in WA.No.2401/2023.
(10)Hence, we direct the Registry to list this writ petition along with the aforesaid writ appeals.
(11)As rightly pointed out by the learned Advocate General appearing for the 1st respondent, for conducting the Foundation Stone Laying ceremony, no formal permission from any authority is required. The said function can very well go on as scheduled.
[G.R.S.,J] [P.B.B.,J]
21.05.2024
AP/rka
Internet : Yes/No
Index : Yes /No
G.R.SWAMINATHAN, J., and
P.B.BALAJI, J.,
AP/rka
WP.No.13881/2024
21.05.2024
