IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2011 CORAM: THE HON'BLE MR.JUSTICE T.RAJA W.P.No.12636 of 2011 and M.P.No.1 of 2010 Sree Balaji Nagar Residential Association (Regn. No.53/99) No.14, 28th Street Sri Balaji Nagar Part I Extn. Puzhal, Chennai 600 066 Rep. by its President Mr.P.Subramani ... Petitioner Vs. 1. The Secretary to Government Government of Tamil Nadu Public Works Department Fort St. George, Chennai 600 009. 2. Water Resource Organization (Special Project-PWD) Chepauk, Chennai 600 005. 3. M/s.Ramalingam & Co. Rep. by its Managing Director No.1, Vijaya Raghava Road Vijaya Raghava Manor Flat No.D1, Teynampet Chennai – 600 018. 4. The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ PRAYER: Petition is filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, forbearing the respondents 1 to 3 from proceeding any further with Madhavaram Straight Cut Project or any other project which seeks to convert the Erikarai Road/30' wide Tank Bund Road as Channel/Canal leading from Grand North Trunk Road (GNT Road) at Madhavaram Village. For Petitioner : M/s.S.P.Sudalaiyandi For Respondents: Mr.K.V.Dhanapalan, Additional Government Pleader for RR1&2 Mr.R.Sivakumar for M/s.K.M.Vijayan Associates for R3 ORDER The petitioner Sree Balaji Nagar Residential Association by filing the writ petition has come to this Court, seeking for an issuance of writ of mandamus, forbearing the respondents 1 to 3 from proceeding any further with Madhavaram Straight Cut Project or any other project which seeks to convert the Erikarai Road/30' wide Tank Bund Road as Channel/Canal leading from Grand North Trunk Road (GNT Road) at Madhavaram Village. 2. The petitioner Association is a registered Association under the Societies Registration Act known as Sree Balaji Nagar Residential Association. In the Balaji Nagar lay out, there is also an access road available on the tank bund leading from GNT Road, which has been used by the agriculturist to reach their lands also from time immemorial. The owners of the plots formed an Association to augment themselves and protect the interest of the land owners. When they applied for planning permission before the appropriate authority in the year 2003, even in their application, the access road from GNT Road on the tank bund was clearly shown and the same was approved by the fourth respondent in PPO No.58/2003, dated 24.06.2003. The Chennai Metropolitan Development Authority, who is the approving authority, has also recognized the tank bund road leading to the lands of the members of the petitioner Association since the tank bund road is a 30 feet wide road provided with all facilities enabling the members of the petitioner Association to use the same without any hindrance. While that being so, respondents 1 & 2 through their Contractor, the 3rd respondent, came to take measurements and marked the road. On enquiry, it was revealed that the respondents were taking https://hcservices.ecourts.gov.in/hcservices/ measurements for formation of 26 feet canal on the existing road known as Madhavaram Surplus Tank Straight Cut Project for the purpose of drainage of excess rain water. The respondents 1 to 3 have not considered the objections raised from the users of the road for converting the same into a canal. The petitioner Association has protested to implement the project and has also sent telegrams on 20.05.2011 to the respondents 1 to 3 to stop the implementation of the project as it would affect their daily routine. The respondents have not given any response in this regard, as a result of which they have come forward with this writ petition. 3. The learned counsel appearing for the petitioner submits that the road called Erikarai, which is having 30 feet wide Lake Bund Road emanating from Grand North Trunk Road shortly called GNT Road an necessary access road for its members to reach their residence since the said Erikarai road is in existence from time immemorial and it has also originally been used by the farmers to reach their agricultural lands. The action of the respondents 1 to 3 in wanting to convert the road into a channel/canal for implementing the Madhavaram Straight Cut Project would take away the petitioner's right to free ingress and egress. Therefore, it is argued that the respondents 1 to 3 should be prevented from implementing the project of 30' canal as a road 4. A detailed counter has been filed by the second respondent / Water Resource Organization. The averments and submission made by the learned counsel appearing for the petitioner has been strongly denied in the counter stating that the petitioner cannot claim the Erikarai Road as a matter of right. The members of the petitioner Association has separately approached for their entry to the layout and they cannot claim Public Works Department tank land for the ingress and egress. Further, it is stated that the flood areas like kolathur, Sivalingapuram, Karuku, Mandanakuppam, Pattravakkam, Menambedu, Kallikkuppam and Agraharam will get relief from flood and storm water as this channel will be used as a flood relief structure. Further, it is stated by the second respondent in the counter that the top of the channel slab is also designed as road slab with a width of 7.2m, which will be used for public. Therefore, the canal will be used as a flood relief structure and also as a two lane road for public uses and for farmers. This is a project sanctioned for package I under JNNURM (Jawaharlal Nehru National Urban Renewal Mission) Scheme. The work of construction of straight cut channel for Kolathur tank surplus to Madhavaram left flank surplus course for a length of 3150m along the tank bund road is under execution by Public Works https://hcservices.ecourts.gov.in/hcservices/ Department to relief flood water. Because of the flood water and storm water, the areas of Kolathur, Sivalingapuram, Karuku, Mandanakuppam, Pattravakkam, Menambedu, Kalikkuppam and Agraharam are inundated. To avoid Inundation, this straight cut diversion channel is proposed for length of 3150m to drain out the flood water of 300 cuses adjacent to the tank bund of Madhavaram tank (Rettai Eri) in PWD limit. For the purpose of completion of the project, Rs.7.65 crores has been allocated for the project. Now, the construction of Box type channel has been completed for a length of 630m and it is in progress for a length of 540m. Since the straight cut channel will be used as a Flood relief channel and also used as a concrete road for a width of 7.2m for public uses and farmers, once the project is allowed and completed, then the members of the petitioner Association will also be benefited. 5. In view of these reasons, the contentions put forth by the petitioner to restrain the project work in the Access Road is completely not acceptable by this Court. The project work is being carried out within the limits of the Public Works Department only and as per the approval issued by the CMDA to the Balaji Nagar vide PPO No.58/2003, dated 24.06.2003. An approach road for this layout is only in the north side of the layout. Therefore, the members of the petitioner Association can use the road on the northern side road only as approved in the CMDA plan and they can freely enter from North to South. The 30 feet wide Erikarai road is not included in the layout. Therefore, I do not find any merit in the contention put forth by the petitioner for the reason that top of the channel slab is designed as road slab with a width of 7.2m, which will be available for public use. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ogy To 1. The Secretary to Government Public Works Department Fort St. George, Chennai 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. Water Resource Organization (Special Project-PWD) Chepauk, Chennai 600 005. 3. The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 1 cc to M/s.K.M. Vijayan Associates, Sr. 33006 1 cc to Government Pleader, Sr. 33220 W.P.No.12636 of 2011 BVR (CO) kk 1/7 https://hcservices.ecourts.gov.in/hcservices/