IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:24.1.2008 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.NO.35918 OF 2007 and M.P.NO.1 OF 2008 1.Y.Venkatesan 2.M.Shanmugavelu 3.P.Rajendran ...Petitioners Vs. Alandur Municipality rep.by the Commissioner, Alandur,Chennai 600 016. ...Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondent Municipality not to proceed further in constructing the Sewage Pumping Station (or) any other Civil Work in the place reserved for Park in Survey No.273/2 in Balaji Nagar, Part II, Adambakkam, Chennai 600 088, coming under respondent Municipality Jurisdiction. For Petitioners: Mr.A.R.Jeyasanker For Respondent: Mr.Raja Kalifulla Government Pleader assisted by Mr.V.Arun, AGP(W) O R D E R This writ petition is filed for a direction against the Municipality not to proceed further in constructing the Sewage Pumping Station or any other Civil Work in the place reserved for Park in Survey No.273/2 in Balaji Nagar, Part II, Adambakkam, Chennai 600 088. 2. The petitioners are claiming to be the residents of Adambakkam and one Balaji Nagar Government Employees Welfare and House site society has been constituted with a view to help the employees of the Government in promoting housing site Scheme called Balaji Nagar, Part II in Adambakkam Village, Chennai with Survey No.273/2 and 3. According to the petitioners, at the time of preparation of layout and for approval, the said society had allotted about 4 grounds of land for Park and that was approved in the year 1975. However, it is the admitted case of the https://hcservices.ecourts.gov.in/hcservices/ petitioners that ever since the said allotment in the year 1975, till date the place has not been developed as park at all. According to the petitioners, the Municipality now is attempting to built a sewage pumping station in the site reserved for park to facilitate underground drainage system and the petitioners also understood that Alandur Municipality has passed a resolution to that effect . According to the petitioners, above said Society has requested the respondent to drop the said proposal on various grounds viz. (i) The installation of Sewage Pumping Station at Balaji Nagar Park will result in serious health hazard to the residents (ii)by putting the said Sewage Pumping Station in the place allotted for park, the children and other occupants of that area would be deprived of open space and inspite of which, according to the petitioners, the respondent Municipality is attempting to put up a sewage pumping station, which necessitated the petitioner to file the present writ petition. 3. The Municipality has filed a counter affidavit. In the counter affidavit, the respondent municipality has specifically stated that the place in which sewage pumping station is put up is not notified as park . According to the respondents, the said area has been kept vacant and without any development therein. In the Counter Affidavit it is categorically stated that the area in which the pumping station is put up is not notified as an area reserved for park. It is also stated in the counter affidavit that the proposed mini pumping station is put up in a open area which is not notified as park and the said pumping station will occupy only 1/3rd of the area which is not the notified park, as per the Town and Country Planning Rules 1971. It is further stated in the counter affidavit that remaining 2/3rd area has been now proposed for the greenery park with all infrastructures at an estimated cost of Rs.5.00 lakhs and the municipal council has also approved the above proposal vide MCR.No.246 dated 29.8.2007. It is the further case of the respondent that the Alandur Municipality has developed more than twenty number of parks in the said area for the betterment of the people. In fact, putting up of the mini pumping station was after the inspection done by the technical field experts to find out the alternative site and ultimately the Water Board has requested the Municipality to allot the said 1/3rd portion of the vacant area for the purpose of putting up of mini pumping station. It is the further case of the respondent that during the rainy season, people in Nilamangai Nagar are totally affected due to the sewerage and drainage back-flow due to the incapacity of the sewage and drainage condition of that particular area. According to the respondent, the proposed pumping station has been handed over to the expert body of CMWSSB and hence there is no question of polluting ground water in and around of the proposed construction of the pumping station. It is the further case of the respondent that Alandur Municipality will improve and maintain the remaining 2/3rd area of the said site as Modern park with all infrastructures such as children play area, land scape and also walkers path platform etc. on par with other parks developed already by the Municipality in various layout areas of this town. https://hcservices.ecourts.gov.in/hcservices/ ` 4. In view of the categoric stand taken by the respondent in the counter affidavit, the petitioners are not entitled to any claim at all. However, learned counsel for the petitioners by relying upon a Judgment of a Division Bench of this Court dated 12.4.2007 passed in W.A.No.156 of 2000 would submit that any space allotted for park should be kept only for that purpose, since the development of park is the absolute necessity and it is not luxury in the modern time and there is no difficulty in allotting space for the same. But, in the present case, as it is seen in the counter affidavit, the area has been kept vacant without any development from 1975 onwards and the proposed mini pumping station will occupy only 1/3rd of the area which is not notified as park, as per the Town and Country Planning Rules, 1971. In view of the same, the writ petition fails and the same is dismissed. No costs. Consequently, M.P.No.1 of 2007 is also dismissed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. VJY To The Commissioner, Alandur Municipality Alandur. Chennai- 16 1 cc to Mr.A.R. Jeyasankar, Advocate, sr. 2885 W.P.NO.35918 OF 2007 and M.P.NO.1 OF 2007 SJ (CO) kk 6/2 https://hcservices.ecourts.gov.in/hcservices/