(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents not to proceed with any constructions in Survey Nos.314, 317, 318, 319, 320, 323, 356 and 357, Manali New Pudur (Phase II), Edayanchavadi Village, Ponneri Taluk, Tiruvallur District.)
M. Sathyanarayanan, J.
1. The Writ Petition, styled as a Public Interest Litigation, is filed by a resident of Manali Puthu Nagar, Chennai – 103 and in the affidavit filed in support of the Writ Petition would state among other things that she is self employed and her husband is working in a private Container Company and she is aggrieved by the fact of the proposed construction of the Slum Clearance Board Tenements by the 3rd respondent just 800 mtrs distance from Kosathalaiyar River. According to the petitioner, in the event of heavy rains during monsoon, there is every likelihood of flood which would submerge the area including the construction put up by the 3rd respondent and in fact, similar kind of incident happened during mega flood of the year 2015. The petitioner had also submitted a representation dated 10.10.2019 to the concerned official respondents and despite receipt and acknowledgment, no response is forthcoming and hence, the petitioner is constrained to approach this Court by filing this Writ Petition.
2. When the matter was listed on 06.11.2019, Mr.V.Jayaprakash Narayanan, learned Government Pleader accepted notice on behalf of the 1st respondent and the learned standing counsels accepted notices on behalf of the respondents 2 and 3.
3. The 3rd respondent has filed a counter affidavit dated 16.12.2019 as well as status report dated 18.12.2019 and took a stand that the petitioner herself is residing within 200mtrs from the said river, whereas the 3rd respondent is constructing Economically Weaker Section houses at a distance of 800mtrs., after obtaining No Objection Certificate from the Public Works Department, Environmental Clearance from the State Level Environment Impact Assessment Authority and Planning Permission was granted by the Chennai Metropolitan Development Authority as well as Building permission was granted by the Greater Chennai Corporation and also invited the attention of this Court to para-7 of the counter affidavit and it is relevant to extract the same:
7. I submit that the Tamil Nadu Slum Clearance Board is constructing the EWS houses fixing the Stilt Floor level as +4.81m above Mean Sea Level as suggested by PWD in t heir No Objection Certificate transferring the level from the Napalayam Bridge Deck slab level of +7.45 [B.M] though the maximum flood level of 2015 earmarked near by the proposed site are +2.300 to 2.600m. The stilt floor level fixed in the project is +4.810m which is +2.210m above the maximum flood level of +2.600m observed during 2015 flood. Hence there is no chance for flooding in the TNSCB site as stated by the petitioner. The Tamil Nadu Slum Clearance Board site is situated closer to the Ponneri High way on the Western end of Manali New town. The rain water flow is from west to east as the Kossathalaiyar river is situated on the eastern side of Manali New Town. Hence Tamil Nadu Slum Clearance Board construction will in no way affect the rainwater flow and there is a natural canal on the North side of existing 80'0” road which flows from west to east and drains rainwater from Manali new town. Tamil Nadu Slum Clearance Board site infact prevents inundation in the Manali New Town scheme.”
4. From the status report, the sequence of actions carried out by the 3rd respondent is also stated and it is relevant to extract para-5 of the status report:
5. I state that the following is the sequence of actions carried out TNSCB in the project.
a) The soil investigation for the project was carried out by Anna University on 31.05.2017
b) The approvable layout for the construction of 3360 EWS tenements submitted to CMDA on 20.08.2018 by the consultants of the contractor and assigned number MSB/2018/000198.
c) Clearance certificate from fire service department issued vide R.Dis No.16082/C1/201 dated: 12.10.2018.
d) No objection certificate from PWD given vide Lr.No/DB/T5(3)/F-TNSCB Edayanchavadi/2018 dated 16.11.2018.
e) Clearance from Traffic police issued vide RC.No.Tr/License/1381/30210/2018 Dt:08.02.2019.
f) The structural design for the project was vetted by Anna University vide Anna University letter dated 15.10.2018 & 10.12.2018.
g) The EIA clearance obtained for the project vide Lr.No.SEIAA/TN/ F.6666/EC/8(A)/6666/2019 dated 07.02.2019.
h) Government Order for Planning Clearance given vide Government Lr.No.27 Dated:11.02.2019.
i) DC Advice for planning clearance given by CMDA vide CMDA C3(N)/15823/2018 Dated:22.02.2019.
j) The DC payment made on 25.02.2019 vide R.C.No.Supt/238/Dn1/2018.
k) Planning Permission issued vide No:C/PP/MSB/34 (A to I)/2019 Date 29.07.2019, Permit No.11975 with validity from 29.07.2019 to 28.07.2024.
l) Building Permission issued by Greater Chennai Corporation vide No:CEBA/WDCN02/00235/2019 Dated:12.09.2019, validity up to 11.09.2024.
Tamil Nadu Slum Clearance Board started the construction of 3360 EWS tenements (Stilt + 14 Floors) after getting all the mandatory clearances. The Buildings are at various stages of construction as detailed below as on 02.12.2019
Block 1, 2, 6, 14 & 15 - Stilt floor in progress
Block 3, 5, 7 & 9 - 5th floor in progress
Block 8 - 8th floor in progress
Block 4, 10, 11 & 12 - Stilt Floor completed
Block 13 - 2nd Floor in progress”
5. The learned counsel appearing for the petitioner would submit that since it is a huge tenement and the past experience shows that after the construction of the houses, the Tamil Nadu Slum Clearance Board is not in the habit of maintaining the premises properly, without rendering sanitation facilities and without basic amenities, there is every likelihood that the river course would get polluted in the event of monsoon/rain/ flood, inundation, which would affect the tenements and prays for appropriate orders.
6. Per contra, Mr.S.Prabhu, learned standing counsel appearing for the 3rd respondent has invited the attention of this Court to the typed set of papers dated 18.12.2019 filed on behalf of the 3rd respondent, especially, the Google Map in pages 46 and 47 of the typed set of papers and would submit that right close to the river, there are very many tenements/ approved layouts and the petitioner herself is residing in a premise just 200mtrs from the said river course and the 3rd respondent, after obtaining all necessary clearances from the concerned authorities, proceeded with the construction and it is also in the midway and in the event of any adverse order, there is every likelihood of grave hardship to the intending allottees and prays for the dismissal of the Writ Petition.
7. This Court heard the rival submissions and perused the materials placed before it.
8. A perusal of the typed set of documents filed by the 3rd respondent would disclose that the layout has been approved, No Objection Certificate was also issued by the Public Works Department on 16.11.2018 and that apart, necessary Environmental Clearance was obtained from State Level Environment Impact Assessment Authority, Chennai Metropolitan Development Authority has also granted Planning Permission and Building permission was also accorded by the Greater Chennai Corporation and it is the stand of the 3rd respondent, both in the counter affidavit as well as in the status report that the superstructure has been built up strictly in accordance with the planning permission and necessary precautionary measures have been also taken for inundation during monsoon an
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d steps have already been taken to see to it that the effluents/sewerage/sewage water from the tenements also are treated and it will not be let into the river. The counter affidavit as well as the status report filed by the 3rd respondent also contains the details of the same. 9. In the light of the above facts and circumstances, this Court is of the considered view that the apprehension expressed by the petitioner is wholly unfounded. However, the 3rd respondent, after construction and allotment, shall see to it that the area in and around the tenements are maintained in neat, tidy and sanitary condition and no contents of the effluents/sewerage/sewage water be let in/drained out in the Kossathalaiyar River. 10. In the result, the Writ Petition is dismissed subject to the above observation. No costs. Consequently, the connected miscellaneous petition is closed.