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2010 Supreme(Mad) 1991

P.P.S.JANARTHANA RAJA, PRABHA SRIDEVAN
Shozhanganallur Phase I and Phase II TNHB affected Residents Welfare Association, rep. by its Secretary K. Appadurai – Appellant
Versus
Shozhanganallur Township Panchayat Union, rep by its Chairman, Shozhanganallur, Chennai – Respondent


Advocates Appeared:
For the Petitioner:P.T. Perumal , Advocate.
For the Respondents: R1 & R2, K. Balasubramaniam, Special Government Pleader & R3, A. Vinayakumar(T.N.H.B.,).

Judgment :-

PRABHA SRIDEVAN, J.

1. This is a public interest litigation filed by the Shozhanganallur Phase I and Phase II Tamil Nadu Housing Board affected Residents Welfare Association. The third respondent promoted a satellite township at Shozhanganallur with developed housing plan in three places. According to the petitioner, while doing so, they encroached upon several water bodies, which resulted in the deprivation of water sources like ponds, lakes, reservoirs etc. The unplanned development of plots would lead to reduced ground water table and salination of the existing good quality. They sent a representation to the Member Secretary, C.M.D.A., and others. They also participated in the public meeting conducted by the Kancheepuram District Shozhanganallur Panchayat Union on 6.09.2007 and prayed for protection of water bodies. According to them, the water bodies were permitted by Shozhanganallur Town Panchayat Union to be taken over by the Tamil Nadu Hosuing Board for development of housing plots, vide resolution No.150 dated 30.05.2007. According to them, the resolution does not relate to water bodies and declaring them as empty lands is false. Therefore, they prayed for mandam
















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