ORDER :

Subramonium Prasad, J.

(Prayer in W.P.No.34578 of 2018: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, forbearing the respondents, their agents or any persons acting under them, from encroaching upon or proceeding with construction work at Thiru.Vi.Ka.Park, Shenoy Nagar, Chennai, towards development of amenities center/mall and a consequential direction to the respondents to take necessary steps to restore Thiru.vi.ka.Park, as it existed prior to the handing over of possession to the first respondent.

W.P.No.10415 of 2019: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, calling for the records of the third respondent in G.O.(MS).No.70, dated 31/5/2018, quash the same and consequently, direct the appropriate official respondents to restore Thiru.Vi.Ka.Park, Shenoy Nagar, Chennai, as it existed prior to handing over possession to the eighth respondent.)

1. Challenge in writ petition No.34578 of 2018, is for a writ of mandamus, forbearing Chennai Metro Rail Limited; Chennai Metropolitan Development Authority; Commissioner, Greater Chennai Corporation, from encroaching upon or proceeding with the construction of work, at Thiru.Vi.Ka.Park, Shenoy Nagar, Chennai, towards development of amenities centre/mall and for a consequential direction to the respondents, to take necessary steps, to restore Thiru.Vi.Ka.Park as it existed prior to the handing over of possession to the Chennai Metro Rail Limited.

2. Petitioners in W.P.No.34578 of 2018, are the residents of Shenoy Nagar. It is stated in the writ petition that Thiru.vi.Ka.Park was established as a part of Shenoy Nagar, a residential colony, which was founded in the year 1951-52. The park is one of the oldest parks in the City. It functions as a crucial lung space and provides green cover for Chennai. The park is spread over a substantial area of around 9 acres and has a great number of deep-rooted trees. The deep rooted trees in the park make it an essential catchment area for rains, thereby, alleviating water shortages and sustaining the ground water levels in the area. The park had over 300 trees, most of which were several decades old. The said park has been demarcated as an Open Space and Recreational use Zone, in the Master Plan for Chennai Metropolitan Area, 2026.

3. Shenoy Nagar had never seen any flooding, before Chennai Metro Rail Limited took over, even during heavy rainfall. This has been mainly due to the natural draining and absorption of rain water in the park area. The same also improves the groundwater table in the area. The park also provides a home for a large variety of birds, which was a sight otherwise unseen in an urban metropolis such as Chennai. The protection of the few remaining habitats for such creatures within the City is a crucial integer in ensuring the protection of whatever fragile ecosystem remains in Chennai.

4. It was proposed to introduce metro rail in Chennai. Shenoy Nagar fell in the first route that was to be introduced as part of the metro rail. Chennai Metro Rail Limited, proposed a plan, in August 2008 and construction was commenced in the year 2011. The metro line was to be built as an underground construction below the park. The metro station was to be constructed on the park. It is also stated that prior to the commencement of the construction of metro station, the park provided a space to conduct recreational activities and a number of facilities, including a jogging track, children’s play area, reading and meditation zones, and provided a home for a variety of birds. It is further stated in the writ petition that a number of trees in the park were cut down for metro station work, when the station was constructed. After the construction of metro station, petitioners expected that the park woul