2014 Supreme(Mad) 814
High Court of Judicature at Madras
N. PAUL VASANTHAKUMAR & M. SATHYANARAYANAN, JJ.
S. Ekambaram & Others
Versus
The Secretary, Housing & Urban Development & Others
W.A. No. 1548 of 2012 & W.P. Nos. 68 of 2011, 31411 of 2012, 3383 of 2013, 8265 of 2013 & 9437 of 2013
Decided on : 09-04-2014
For the Petitioners:T.R. Rajagopalan, Senior Counsel, T.V. Ramanujam, Senior Counsel for M/s. Jagadish, D. Ravichander, R. Sundaramurthy, Advocates.
For the Respondents:A.L. Somayaji, Advocate General assisted by N. Sampath for CMDA in all cases, A. Srijayanthi, Special Govt. Pleader for Aditiya Reddy, Government Advocate for State Government in all cases, R. Thiagarajan, Senior Counsel assisted by V.G. Suresh Kumar, P.T. Ramkumar for MRTS.
1. The writ appeal as well as the writ petitions pertain to Mass Rapid Transit System (in short 'MRTS') Phase-II extension from Velachery to St.Thomas Mount and primary challenge is made to the notification under Section 17(2) of the Land Acquisition Act, 1894 (Central Act No.1 of 1894) and dispensing with enquiry under Section 5-A of the said Act. Since the issue involved in the writ appeal as well as in the writ petitions are one and the same, all these cases are disposed of by this common judgment.
2.W.A.No.1548/2012 is preferred against the common order dated 03.07.2012 made in W.P.No.4794/2011 filed by Thiru.S.Ekambaram and 10 others and challenge is made to the order in G.O.Ms.No.34, Housing and Urban Development [UD3(2)] Department dated 11.02.2011 issued under Section 4(1) of the Land Acquisition Act, 1894. The said writ petition came to be dismissed on merits and hence, challenge is made to the said order by filing this writ appeal.
3. W.P.No.68/2011 is filed by Residents' Welfare Association (Parvathipuram), Jeevan Nagar, Chennai-600 088, praying for quashment of G.O.(Ms).No.274, Housing and Urban Development [UD3(2)] Department dated 29.11.2010.
4. W.P.No.31411/2012 is filed by Thiru.K.Ramasundaram, challenging G.O.Ms.274, Housing and Urban Development (UD3(2)) Department dated 29.11.2010 and the consequential notification under Section 4(1) of Land Acquisition Act dated 11.02.2011 in G.O.Ms.No.34 with a prayer to quash the same and consequential direction for implementation of G.O.Ms.No.343, Housing and Urban Development (UD3(2)) Department dated 20.12.2006.
5. W.P.No.3383/2013 is filed by Christian Assembly, represented by its Secretary, Adambakkam, Chennai-88, challenging the vires of G.O.Ms.No.34, Housing and Urban Development [UD3(2)] Department dated 11.02.2011.
6. W.P.No.8265/2013 is filed by Thiru.K.Velusamy, praying for the very same relief claimed by the petitioner in W.P.No.31411/2012.
7. W.P.No.9437/2013 is filed by Tmt.A.Leena Immaculate, claiming the very same relief made by the petitioner in W.P.Nos.31411/2012 and W.P.No.8265/2013.
8. Facts in brief necessary for the disposal of the writ appeal and writ petitions are as follows:
8.1. The first respondent in the writ appeal as well as in the writ petitions, namely, Housing and Urban Development [UD3(2)] Department has issued an order in G.O.Ms.No.343 dated 20.12.2006 for the development of the Composite Corridor for Inner Ring Road (IRR) and the remaining segments of MRTS from Velachery to Ennore and developing the MRTS on single pillars along the central median of the composite corridor. The Government has accorded administrative sanction in the above said Government Order for the following proposals:
"(i) Development of the composite corridor for Inner Ring Road and the remaining segments of Mass Rapid Transit System from Velachery to Ennore and developing the Mass Rapid Transit system on single pillars along the central median of the composite corridor.
(ii) Release of the freezing of development on map marked lands for the stretch of Mass Rapid Transit System from Velachery to Ennor pending formal incorporation in the Master Plan; and
(iii) Construction of Grade separators/fly over shall be proposed only along the cross-roads at the intersections/junctions along Inner Ring Road.
The Member Secretary, Chennai Metropolitan Development Authority is directed to implement the scheme carefully, in consultation with the Highways Department on account of minor adjustments required at certain points and ensure that the project does not get delayed on account of inter departmental consultation or on account of works like fly overs etc."
8.2. Chennai Metropolitan Development Authority (CMDA) which is one of the respondent in these cases has appointed M/s.RITES Ltd., an organization coming under the control of the Ministry of Railways for preparing the project report for the extension of MRTS from Velachery to St.Thomas Mount station and the