THE HIGH COURT OF JUDCIATURE AT MADRAS DATED: 28.04.2011 CORAM THE HON’BLE Mr.M.Y.EQBAL, CHIEF JUSTICE and THE HON’BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.29937 of 2010 and W.P.Nos.713 & 2951 of 2011 and M.P.Nos.2 & 3 of 2010 in W.P.No.29937 of 2010 and M.P.No.1 of 2011 in W.P.No.713 of 2011 and M.P.Nos.1 & 2 of 2011 in W.P.No.2951 of 2011 -------------- W.P.No.29937 of 2010 B.Ramesh Babu, Advocate, S/o.Balaguru, 342, Additional Law Chambers, High Court of Madras, Chennai – 600 104. ..Petitioner/Petitioner Vs. 1. The Secretary, Planning, Development and Special Initiatives Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 2. Chennai Metro Rail Limited, rep. by its Managing Director, No.11/6, Seethammal Road, Alwarpet, Chennai – 600 018. 3. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram, Chennai – 600 051. ..Respondents/Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records comprised in the proceedings of the 1st respondent in G.O.Ms.No.30, https://hcservices.ecourts.gov.in/hcservices/ Planning, Development and Special Initiatives Department dated 22.02.2010 and quash the same as illegal, null and void and unenforceable in law. ------------ For Petitioner :: Mr.M.Maharaja For Respondents:: Mr.P.S.Raman, Advocate General assisted by Mr.J.Raja Kalifulla, G.P. & Mr.Ramajagadeesan ------------- W.P.No.713 of 2011 The Nest Apartment Owners’ Association, rep. by its Secretary Mr.B.Rajendra Awasthi, S/o.Bijayshankar Awasthi, Regd. No.8 of 2006, No.9, Rathna Nagar Main Road, Teynampet, Chennai – 18. ..Petitioner. Vs. 1. The Secretary, Planning, Development and Special Initiatives (S.I.) Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009. 2. Chennai Metro Rail Limited, rep. by its Managing Director, No.11/6, Seethammal Road, Alwarpet, Chennai – 600 018. 3. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram, Chennai – 600 051. 4. The Principal Conservator of Forests, Panagal Building, Saidapet, Chennai – 15. ..Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to forbear from acquiring the land in S.No.3871/1 and 3871/3 of Mylapore Village to an extent of 9.912 acres belonging to the Tamil Nadu Veterinary and Animal Sciences University for the construction of Metro Head Quarter and pass such further or other orders. ------------ https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :: Mr.Elephant Rajendran For Mr.R.Neil Rashan For Respondents:: Mr.P.S.Raman, Advocate General assisted by Mr.J.Raja Kalifulla, G.P. & Mr.Ramajagadeesan ------------- W.P.No.2951 of 2011 Dr.S.Krishnaswamy, Convener, Tamil Nadu Federation of Universities Faculty Association, No.6, Kakathoppu Street, Madurai – 625 001. ..Petitioner. Vs. 1. The Secretary, Planning, Development and Special Initiatives Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Managing Director, Chennai Metro Rail Limited, No.11/6, Seethammal Road, Alwarpet, Chennai – 600 018. 3. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram, Chennai – 600 051. ..Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records in G.O.Ms.No.30 dated 22.02.2010, Planning, Development and Special Initiatives Department issued by the first respondent and quash the same. -------------- For Petitioner :: Mr.K.Sellathurai For Respondents:: Mr.P.S.Raman, Advocate General assisted by Mr.J.Raja Kalifulla, G.P. & Mr.Ramajagadeesan -------------- C O M M O N O R D E R The Hon’ble The Chief Justice 1. W.P.No.29937 of 2010 https://hcservices.ecourts.gov.in/hcservices/ This writ petition, in the nature of public interest litigation, has been filed by the petitioner seeking issuance of mandamus or any appropriate order directing the respondents to forbear from acquiring the land being S.No.3871/1 and 3871/3 of Mylapore Village measuring an area of 9.912 acres, which belongs to Tamil Nadu Veterinary and Animal Sciences University for the purpose of construction of Metro Head Quarters in the City of Chennai. 2. W.P.No.713 of 2011 This writ petition has been filed for the issuance of a Writ of Mandamus to direct the respondents to forbear from acquiring the lands in S.No.3871/1 and 3871/3 of Mylapore Village to an extent of 9.912 acres belonging to Tamil Nadu Veterinary and Animal Sciences University for the construction of Metro Head Quarter. 3. W.P.No.2951 of 2011 This writ petition has been filed for the issuance of a writ of Writ of Certiorari to call for the records in G.O.Ms.No.30 dated 22.02.2010, Planning, Development and Special Initiatives Department issued by the first respondent and quash the same. 4. Since, all the three writ petitions have been filed challenging the acquisition of the same stretch of land for Chennai Metro Rail Project they have been heard together and disposed of by this common order. 5. The petitioners’ case is that the land measuring an area of 9.912 acres in S.No.3871/1 and 3871/3 of Mylapore Village belongs to the 3rd respondent, namely., Tamil Nadu Veterinary and Animal Sciences University (for short ‘University’). In the vast extent of land, the Institute of Poultry Production and Management of Madras Veterinary College is running. There are about 300 old trees with wild animals like spotted deer, etc. It is alleged that during winter and summer seasons, rare varieties of birds from different parts of the world visit here for breeding purpose. The petitioners’ case is that the Metro Rail Project is in progress to cater the needs of the passing crowd in the metro city. The first corridor of the project starts from Washermenpet and ends at Saidapet via Anna Salai. The track is to be built at 12 meter depth in the middle of Anna Salai. It is found from the plan that the railway station namely., Chamiers Road Railway Station is to be put up underground and Exit-Entry arrangement on both sides of Anna Salai in the area of 10,000 sq.ft. It is the specific case of the petitioners that as per the plan, the Metro Rail requires only10,000 sq.ft. of land from the premises of the Tamil Nadu Veterinary and Animal Sciences University land. But, all of a sudden, by G.O.Ms.No.30 dated 22nd February, 2010, the 1st respondent granted 9.912 acres of land to the 2nd respondent and permitted the 2nd respondent to enter into the land. The petitioners sent several representations to the respondents to defer their https://hcservices.ecourts.gov.in/hcservices/ proposed construction as it will affect the health of the people, affect the ecology and will destroy the scenic beauty of the area. Although the 2nd respondent requires only 10,000 sq.ft. of land, but it is understood that the entire area of 9.912 acres has been granted to the 2nd respondent. 6. Petitioners’ further case is that within one kilometer distance, an extent of 15 acres of land is available at Saidapet under the direct control of the same Secretary to Government, Animal Husbandry Department, which is very much nearer to Saidapet Bus Terminus and Saidapet Railway Station. It is a junction that connects roads leading to various places like Adyar, OMR, Velachery, Tambaram, T.Nagar, etc. Thousands of commuters are going and coming only from this area. If the Metro Office is put up there, it will serve the purpose of the 2nd respondent of having integrated transport facility more effectively and without any hindrance to the public. It is further stated that the land in question does not belong to the government, but owned by the University. The Government cannot transfer or gift any land belonging to the University to anybody. The 3rd respondent, recently, by his letters dated 26th October, 2010 and 9th November, 2010, negatived the proposal stating that the said schedule of the land is the constituent unit of the University as per Tamil Nadu Act No.8 of 1971 (TNAU) and Act No.42 (1989) TANUVAS and is essentially required for the following development works:- (i) At IPPM Campus, Nandanam, only service oriented activities, administration, residential facilities and institutional facilities for international events and informal educational programmes of TANUVAS will be carried out. (ii) Certification centre for Animal Products like milk, meat and egg for export promotion. (iii) University Central Administrative Building. (iv) Institutional facilities for international events like Convention Centre, Conference Hall, Seminar Hall and International Guest House. (v) Entrepreneurship Development Programme and Technology Incubation Centre; and (vi) Informal Open and Distance Education Centre. 7. It is the further case of the petitioner that the 2nd respondent has issued guidelines for acquiring land. In Guideline No.46, the 2nd respondent has directed the authorities not to acquire lands where schools, hospitals and religious institutions are functioning. When such a clear direction is given by the acquiring authority, now the same authority has ventured to acquire the University, which is a higher learning organization and is also an autonomous body. It shows the mala fide intention on the part of the 1st respondent. Hence, the present writ petitions are filed to forbear the respondents from acquiring the land in question. https://hcservices.ecourts.gov.in/hcservices/ 8. In Writ Petition (W.P.No.2951/2011), the petitioner representing Tamil Nadu Federation of Universities Faculty Association filed the writ petition as public interest litigation contending inter alia that the lands in question is of ecological importance inasmuch as many old trees like neem and pipal trees are planted inside the campus, which are necessary to be preserved. Moreover, many migrated birds take shelter on the trees and a small herd of spotted deer numbering 36 has arrived within the campus, which form part of metapopulation of spotted deer in Chennai. It is further stated that ongoing research in Poultry breeding, hatching, nutrition, management, diseased prevention and post harvest technology is to be protected and the same cannot be shifted. However, it is stated that the petitioner is not against the Chennai Metro Rail Project’s implementation of the proposed alignment of the Corridor-I, which passes under the Anna Salai abutting the TANUVAS Land. It is only against the take over of the entire educational and research institute under the guise of public utility or construction of Metro Head Quarters and other facilities, which can very well be constructed elsewhere. The petitioner has stated that Tamil Nadu Veterinary and Animal Sciences University Teacher’s Association filed representation for change of position, but the representation was not responded. 9. The 1st respondent, namely., the Secretary, Planning, Development & Special Initiatives (S.I.) Department, Government of Tamil Nadu has filed a counter affidavit. It is stated that the Chennai Metro Rail Project envisages the creation of two corridors (Corridors I & II) under Phase – 1. Corridor – I starts from Washermenpet and ends at Airport for a length of 23.1 kms and Corridor – II starts from Chennai Central and ends at St.Thomas Mount Station for a length 22.0 kms. The portions of Corridor – I with a length of 14.3 kms from Washermenpet to Saidapet and Corridor – II with a length of 9.7 kms from Chennai Central to Anna Nagar will be underground corridors and the remainder elevated. The detailed sketch showing both alignments is also filed. The Chennai Metro Rail Limited has Special Purpose Vehicle (SPV) formed for the purpose of implementing the Chennai Metro Rail Project. The project is funded by the Government of India and the State Government by way of equal equity contribution and subordinate debt. The Government of India had accorded sanction for the project and for its participation in 2009. 10. The 1st respondent further stated that both the alignments, including stations and other metro rail essential amenities, were finalized and designed based on detailed engineering design by national and international technical experts, considering Engineering, Economical and Environmental & Social study. This land has been identified as early as 2005 for the Chennai Metro Rail Project, prepared by Delhi Metro Rail Corporation as part of land required for the project. This project has been approved by the State Cabinet in 2007 and later by the Union Government in 2009 on the https://hcservices.ecourts.gov.in/hcservices/ basis that State Government will make available land identified for the project. 11. It is further stated that the Corridor – I has 16 stations and one of the stations namely., Chamiers Road Station has been located in the Poultry Land, Nandanam as part of the underground alignment based on the various technical parameters such as the ideal location, catering to all kinds of traffic and better access to all modes of transport from the station, since all kinds of traffic can converge at this location and inter-station distance of about 1 km. A significant portion of the station box, exist and entry staircases, escalators and lifts would be located on one half of the front portion of the said land. 12. It is further stated that apart from the station box and exit/entry, the other half of the frontage of the land transferred to CMRL are required for the off-road traffic integration facility. Normally, when a high capacity mass transit system commences operation, there is extreme pressure on the adjacent roads owing to the pickup and drop off of passengers from buses, taxis, autos, two- wheelers to and from the metro rail. As per the DPR studies, it has been estimated that in 2016 about 7000 passengers will enter or leave the Chamiers Road Station every hour in peak hours. Thousands of persons are expected to use this metro station on a daily basis, which is a place of work and business leading to T.Nagar through Venkatanarayana Road, Ratna Nagar, Cenotaph Road, Rangoon Road, Pasumpon Muthuramalinga Thevar Road, all of which lead to key residential business areas, based on actual origin destination studies undertaken by DMRC while preparing the DPR. This will automatically lead to severe traffic jams on Anna Salai, significantly slowing down road traffic, which effect would take away and reduce the overall capacity of the road and rail systems put together. Therefore, it is necessary to take pickup and drop off points for buses, taxis, cars, two-wheelers and autos off the road beyond the road margin enabling smooth and faster flow of regular road traffic. Effective traffic integration for passengers to switch over from metro rail to other modes of transport is a key to convenience and comfort of the users. Study conducted shows that success of metro stations is due to substantial and effective multimodal integration facilities. Effective metro rail is the only solution to mitigate the traffic congestion and air pollution and the city of Chennai will require careful planning so as to avoid traffic congestion in the roads. 13. Respondents’ further case is that various options were studied in locating this station with all other Integrated Metro Rail amenities in other government lands. However, due to technical constraints the CMRL was not able to locate the station elsewhere. The station would have been located on a sharp curve in this location, which is not permitted as per international standards and practices laid down for Metro Rail System and also considering the https://hcservices.ecourts.gov.in/hcservices/ safety aspects. Further, location of an underground station would have come dangerously close to the existing multi-storeyed building of the Housing Board and Agricultural Offices undermining the safety of the foundation of those buildings. 14. It is further stated that the High Power Committee constituted by the Government met under the Chairmanship of the Chief Secretary on 9th December, 2009 and discussed the proposals for the transfer of lands of the University to an extent of 9.912 acres for Metro Rail for locating the Chamiers Road Metro Station. The land is needed for exit and entry arrangements for this station, Metro Rail Corporate Office, Operations and Maintenance Service Provider HQ, Training Centre and Backup Operations Control Centre, off-road traffic integration area and multi-level parking facilities for the public. The High Power Committee examined the proposal in detail and after discussion with the Secretary of the Animal Husbandry and Fisheries Department, accorded administrative approval for the transfer of the above said land to the Chennai Metro Rail Limited on permanent basis. Accordingly, the Government has issued orders in G.O.Ms.No.30 dated 22nd February, 2010. It is also further submitted that the Secretary to Government, Animal Husbandry Department attended the said meeting and accepted to transfer the land on permanent basis and the land was transferred on permanent basis only after the requisite consent was obtained. It is further submitted that based on the above Government Order, the University has given its consent to CMRL project for entering upon the IPPM land belonging to TANUVAS and also transferred the right of possession over the said land to CMRL vide letter dated 28th December, 2010. Land delivery receipt has been handed over by the Registrar and CMRL has taken possession of the lands in Mylapore Village Bk.No.76, T.S.No.3871-1 & 3B for 9.912 acres subject to the parent department shifting their office premises on 29th December, 2010. It is stated that the proposed station and other amenities of Chennai Metro Rail are not affecting the ecological balance. It is submitted that the land has trees of exotic and indigenous mix. Most of the trees are located in the boundary and less number of tress will fall in the core operational zone. The marginal and outer core trees will be marked as standard trees and attempts will be made to retain them. In the core zone if any indigenous tress found fit for transplantation, the same will be transplanted in alternate areas. Moreover, as per policy, one tree felled will be compensated by planting 10 trees in alternate suitable areas. As per the Environmental Specialist’s Report, 216 trees exists in the entire area of which only 28 trees will get affected. It is further submitted that CMRL has undertaken to prepare an environment management plan for this location to ensure that ecological balance is maintained. 15. Further case of the 1st respondent is that only a small number of spotted deers are in the campus. These deers would have migrated from Guindy Reserve Forest, which is now declared as Guindy National Park. It is further submitted that no grazing ground is https://hcservices.ecourts.gov.in/hcservices/ found in the poultry research station for these trapped deer. The University had earlier requested the Forest Department for translocating these deers to the nearest forest reserve. It is submitted that this request can be expended by CMRL by either putting a fence by retaining the deers in the area to ensure safety of the deer under the care and guidance of a wildlife wing of the Tamil Nadu Forest Department. The CMRL’s environment specialist has already started preparing a plan for maintaining the ecological balance of the land as per law. 16. It is submitted that the contention of the petitioner that the usage of land for metro entertainment hall, film shooting and property development are mischievous and has no truth in it. The proposal for the Chamiers Road Station with entry-exit facilities, multi-modal traffic integration with adequate parking facilities, Metro Headquarters including Backup Operation Control Centre and Operation and Maintenance Operators’ Headquarters, and Training Centre was submitted to the Government after study by CMRL and after extensive discussions and deliberations by the Government in the high level meetings consisting of the various heads of the Departments including the University, a decision has been arrived at. The Government had initially allocated land to TANUVAS at Kattupakkam to re-establish the IPPM facilities. However, based on the request made by TANUVAS, now the Government has allocated 30 acres of land of Madhavaram Dairy to re-establish the IPPM facilities. CMRL is also providing compensation for shifting and setting up modern facilities in replacement of the existing facilities. Detailed estimate submitted by TANUVAS is under the active examination of the Government for approval. For this purpose CMRL has released a sum of Rs.10 Crores on 30th December, 2010 and another sum of Rs.10 Crores will be released on 30th January, 2011 in anticipation of approval from the Government. The Poultry Research facilities can be set up at Madhavaram within a short span of time. But for the present land, it would not be possible for CMRL to locate the station elsewhere as also provide the facilities for the passengers thereby easing the mounting congestion. 17. It is stated that the allegation that the Government has no authority to transfer the lands to Metro Rail is incorrect. It is submitted that the lands in Survey Nos. 3817/1 and 3B are revenue lands which were transferred by the State Government to Military in 1888 for growing grass for the military vide G.O.Ms.No.8124 dated 6th December, 1888. Thereafter, after 53 years of military occupation, the lands were transferred by Government in 1941 to the Government Veterinary Department. In 1969, the Government transferred this land to the Directorate of Veterinary Education and Research vide G.O.Ms.No.3538/Agriculture Department dated 27th July, 1969. Subsequently, by Act 8 of 1971, this land was transferred to the Tamil Nadu Agriculture University on 26th September, 1971, and thereafter, by Act 42 of 1989, this land was transferred by the Government of Tamil Nadu to Veterinary and Animal Sciences https://hcservices.ecourts.gov.in/hcservices/ University. Hence, this land is a Government land originally vested with the Revenue Department and Military and hence, Government has full powers to take back such lands following due process of law. These lands are not lands acquired or purchased by the Tamil Nadu Veterinary and Animal Sciences University directly. Further the Board of the University has approved the land transfer based on Government Orders, whereinafter the land has been handed over to Chennai Metro Rail on 30th December, 2010. 18. The 3rd respondent, namely., the Tamil Nadu Veterinary and Animal Sciences University, has filed a counter affidavit, stating that the decision to allocate the land occupied by the Institute of Poultry Production and Management (IPPM) was taken after detailed discussion with the High Power Committee and after consultation with the government. The decision to shift the existing facility of Poultry Production and Management was taken in the larger interest of the common public who will get benefitted through the Metro Rail Project. It is submitted that alternate housing arrangements have been made ready at Madhavaram Milk Colony Campus, TANUVAS for safe harbouring of the improved variety of birds maintained at the Institute of Poultry Production and Management. Arrangements have also been made for shifting and re-locating the scientific Hi-tech plants, machineries and incubators. Chennai Metro Rail has also assured to take up responsibility to compensate the loss towards damages to machinery and birds during transit. The Government has arrived at a decision to allocate the land to Metro Rail Project assuring that there will be no set back in the on-going as well as the future programmes of research by permitting the 3rd respondent to set up the Institute of Poultry Production and Management in a larger extent of land at Madhavaram Milk Colony Campus in an extent of 30 acres. 19. Further case of the 3rd respondent is that the contention of the petitioner that the Vice Chancellor of TANUVAS objected to the proposal is not correct. On the other hand, the Vice Chancellor has requested adequate measures for protecting the interest of the institute through provision of alternate facilities, which is being taken care of by the Government. The possession of the land has already been taken by Chennai Metro Rail vide Lr.No.24948/G1/2010 dated 3rd January, 2011 and approved and ratified by the University’s Board of Management. It is also further submitted that the decision to transfer the land to Metro Rail has been taken by the Government in larger public interest. TANUVAS has also considered the Government Orders and the Board has passed resolution transferring the land to Chennai Metro Rail Limited in return for compensation to be approved by the Government. In anticipation of Government Orders, Chennai Metro Rail has released Rs.10 Crores to TANUVAS on 30th December, 2010 to take up alternate facilities at Madhavaram Milk Colony. As regards the power of the Government to transfer land is concerned the 3rd respondent submitted that the said land was transferred by the Revenue Department to Military in the year 1888 for growing military https://hcservices.ecourts.gov.in/hcservices/ grass farm reserved for Government purposes. Thereafter, in the year 1941, the land was transferred to Government Veterinary Department. The land was thereafter transferred to the Directorate of Veterinary Education and Research in the year 1969.