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2017 Supreme(Mad) 2048
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SATHYANARAYANAN, N. SESHASAYEE, JJ.
G.V. Shanmugam - Petitioner
Vs.
The Secretary to Government State of Tamil Nadu, Municipal Administration & Water Supply Department & Ors. - Respondents
W.P. No. 16982 of 2017
Decided On : 07-08-2017
Advocate Appeared:
For the Petitioner: Mr. K. Bijay Sundar
For the Respondents: Mr. R. Vijayakumar, Mr. N. Sampath, Mr. A. Nagarajan, Mr. Sathish Parasaran, Mr. Rohan Cherian
The central legal point established is the importance of adherence to sanctioned construction plans and the ongoing jurisdiction of specialized tribunals in addressing environmental issues.
Headnote:
Construction Activities - Violation of Sanctioned Plan - Tamil Nadu Town and Country Planning Act, 1971 - Air and Noise Pollution - National Green Tribunal Order - FSI Norms - Sustainable Development - Air (Prevention and Control of Pollution) Act, 1981 - 2000 Regulations
Fact of the Case:
The petitioner filed a writ petition alleging that the 4th respondent violated the sanctioned plan by constructing three blocks instead of one, causing air, noise, and water pollution. The National Green Tribunal had granted interim orders and directed inspections by relevant authorities.
Finding of the Court:
The court found that there was a minimal deviation within condonable limits in the construction activities. The petitioner's claim regarding the superstructure was not commented upon, and it was noted that the National Green Tribunal was already seized of the matter.
Issues: Violation of sanctioned plan, air and noise pollution, regularisation of superstructure, compliance with relevant norms
Ratio Decidendi: The court emphasized the need for construction to strictly adhere to the sanctioned plan and for regular monitoring by the authorities. It also highlighted the ongoing jurisdiction of the National Green Tribunal in addressing pollution issues.
Final Decision: The writ petition was dismissed with no costs.
M. Sathyanarayanan, J.
By consent, the writ petition is taken up for final disposal.
2. The petitioner is a resident of Lazarus Church Road, bearing Old No.15, New No.35, R.A. Puram, Chennai 600 028. In the affidavit filed in support of this writ petition, the petitioner would aver among other things that the 4th respondent has started his construction activities on the rear side of his premises in Survey No.4310/5 and RS Nos. 4569/34&35, Block No.100, Santhome High Road, Mylapore, Chennai-4 and on account of the construction activities, the petitioner as well as the neighbours in the locality are facing various problems, such as air, noise and water pollutions including illegal extract of ground water at the side by the 4th respondent and the petitioner in this regard, has also approached the National Green Tribunal, Southern Bench, by filing an application in No.109/2017 regarding illegal ground water extraction and other pollutions caused on account of the construction activities and also prayed for appropriate orders to ensure Floor Space Index [FSI] permitted is as per the FSI permitted under the Notification, which is as per the regulation existing as on 19.02.1991.
3. The National Green Tribunal has entertained the said application and vide order dated 19.05.2017, has granted interim orders in respect of the construction activities being carried out by the 4th respondent. The 4th respondent filed miscellaneous applications in M.A.Nos.79, 80 and 81/2017 in Appln.No.109/2017 for vacating the interim order granted on 19.05.2017 and in support of the same, the 4th respondent has also filed copies of Environmental Clearance besides Blue Print of the permission granted by the respondents 2 and 3. The petitioner would further aver that as per the documents filed by the 4th respondent, permission has been obtained for construction of One Single Block consisting of Double Basement with Stilt + 3 to 16 floors consisting of 98 dwelling houses.
4. The National Green Tribunal also directed the Chennai Metropolitan Water Supply and Sewage Board [CMWSSB] as well as the Tamil Nadu Pollution Control Board [TNPCB] to cause inspection and file a Status Report and accordingly, CMWSSB has filed a Status Report on 30.05.2017 pointing out that the 4th respondent is constructing 3 Blocks in Survey No.4310/5 and RS.Nos.4569/34 and 35, Block No.100, Santhome High Road, Mylapore, Chennai-4, and is also extracting ground water for construction activities. It is the specific case of the petitioner that though the 4th respondent had obtained planning permission for construction of One Single Block, has deviated and started putting up construction by constructing Three Blocks in the said survey numbers and the same is evidenced from the Status Report filed by CMWSSB on 30.05.2017.
5. The petitioner, in this regard, has also submitted a representation dated 09.06.2017 to the respondents 1 to 3 enclosing a copy of the latest report dated 30.05.2017 filed by CMWSSB and prayed for appropriate action and despite receipt and acknowledgment, no orders have been passed and therefore, the petitioner came forward to file the present writ petition.
6. The writ petition was listed for admission on 06.07.2017 and after hearing the submission of the learned counsel for the petitioner, this Court has directed the respondents 2 and 3 to inspect the construction being put up by the 4th respondent and file a report as to whether the said construction is in accordance with the sanctioned plan/authorisation. This Court has also directed the Corporation of Chennai to inspect the premises of the petitioner to find out whether the superstructure exist, is in accordance with the sanctioned plan or not and both parties were directed to produce the approved planning permit to the 2nd respondent to carry out the inspection.
7. Accordingly, the Chennai Metropolitan Develo
