WP.No.17008 of 2022 M.DHANDAPANI, J. [10/13, 11:07] Sekarreporter 1: HC judge தண்டபானி contemplates constitution of committee to monitor restoration of Thiru Vi Ka Park in Shenoy Nagar The Hindu Bureau Court says, retired judge K.P. Sivasubramaniam could lead the committee comprising CMRL and Horticulture department officials [10/13, 11:07] Sekarreporter 1: .
[10/13, 11:07] Sekarreporter 1: HC judge தண்டபானி contemplates constitution of committee to monitor restoration of Thiru Vi Ka Park in Shenoy Nagar
The Hindu Bureau
Court says, retired judge K.P. Sivasubramaniam could lead the committee comprising CMRL and Horticulture department officials
[10/13, 11:07] Sekarreporter 1: .
WP.No.17008 of 2022
M.DHANDAPANI, J.
The case of the petitioner is that the petitioner Association viz., Trellis South Flat Owners Welfare Association (hereinafter referred to as ”Association”) is a body registered under the Tamil Nadu Societies Registration Act and the members are the flat owners of the Association situated at 184, Arcot Road, Vadapalani and the said Association has more than 250 families living in the said apartment complex.
- While developing the said apartment complex, as per the Tamil Nadu
Combined Development and Building Rules, 10% of land in patta Nos.5/21, 5/27, 5/28 measuring an extent of 16786 sq. ft., 2625 sq. ft., 10.26 sq. ft. has been handed over to CMDA towards Open Space & Recreation (for short ‘OSR’) by way of a gift deed, dated 26.02.2016. The said OSR land has been maintained by the Association and being used by the residents, including children, who are living in the Apartment complex.
- Such being the position, the CMDA authorities alienated the said OSR land to respondents (CMRL) for the purpose of construction of skywalk way for the upcoming new metro station at Vadapalani. Hence, the petitioner Association made a representation on 08.06.2022 to the respondents not to construct the skywalk ways in the said OSR land as it is against the usage policy. Since the same was not
considered, the petitioner Association has filed the present petition.
- The learned counsel for the petitioner submitted that the respondents have filed a counter affidavit and in the paragraph No.10 of the counter, it is stated that
a walk way is proposed over and above the OSR land for the purpose of implementation of Corridor 4 of Phase II of CMRL project at Vadapalani Metro Station. The walk way corridor is proposed to be constructed over the OSR land with supporting columns, leaving open ground for the continuous enjoyment of the members of the petitioner association, who are residents in the apartment complex after the said construction is completed. Therefore, it is submitted that recording the said undertaking, this Court may close the writ petition with liberty to the petitioner that on completion of the project, if the OSR land is not restored to its original position, the petitioner Association may be permitted to work out their
remedy in the manner known to law.
- The learned Advocate General appearing on behalf of the respondents, on instruction, submitted that after completion of the Metro Rail Project, the
respondents undertake to restore the park to its original position.
- Incidentally, it is brought to the notice of this Court that similar OSR land, which was previously known as Shenoy Nagar Park, which was already acquired for the purpose of construction of Metro Rail, was utilised for certain other purposes and in this regard, a Division Bench of this Court, based on the undertaking given by the respondents with regard to restoration of the said park, had passed certain orders for restoration of the said OSR land as Shenoy Nagar Park and since the respondents had not honoured the said undertaking in letter and spirit, appeal was filed before the Hon’ble Supreme Court in which time is being taken by the respondents repeatedly for the purpose of honouring the said undertaking. On the above, learned Advocate General submitted that the undertaking given before the Division Bench with regard to restoration of Shenoy Nagar Park would be honoured on completion of the project and that OSR land, which forms the Shenoy Nagar Park would be restored to its original position.
- While recording the said undertaking made on behalf of the respondents by the learned Advocate General, this Court, in the interest of public at large and also with a view to keep a check on the undertaking given by the respondents, appoints Mrs.Chevanan Mohan as Amicus curiae to monitor the restoration of the above said lands in pursuant to the completion of the Metro Rail Project.
M.DHANDAPANI, J.
Rli 8. Post this case on 12.10.2022 for filing status report.
04.08.2022
rli
Note: Issue order copy on 18.08.2022
Copy to
Mr.Chevanan Mohan
M/s.King & Partridge, 108, Armenian Street, Chennai-1.
- No.17008 of 2022
