The court affirmed the use of OSR lands for public utility projects, provided adherence to statutory guidelines is maintained, emphasizing public health and environmental preservation.

ORDER :

1. The writ petitioners herein are residents of Tirunelveli city. They are aggrieved by the proposed move of the respondents to set up sewage pumping stations in the petition-mentioned sites. They are residing nearby. In most of the cases, the sites have been earmarked as OSR lands. In one case, the site is earmarked for constructing a bus station. The petitioners contend that when once a site has been earmarked as OSR land, it should be utilized only for that purpose and no other purpose. If, for instance, the land is to be developed as a park, it cannot be diverted for any other purpose. The petitioners invoke the decision of the Hon'ble Supreme Court reported in (2023) 4 MLJ 353 (SC) [Association of Vasanth Apartments' Owners Vs. V. Gopinath] in support of their contentions. They also rely on the circular bearing Na.Ka.No.12843/202/TP2 dated 09.11.2023 issued by the Commissioner of Municipal Administration, Chennai – 28 in which it has been mandated that the Municipal and Corporation Commissioners should not submit proposals for de-reserving OSR lands for purposes such as laying of roads, solid waste management etc. The learned counsel appearing for the writ petitioners question the very choice of the sites for installing sewage pumping stations in residential areas as arbitrary and as one vitiated by non-application of mind. They argue that the fundamental right of the petitioners to a clean and hygienic environment guaranteed under Article 21 of the Constitution of India has been breached. The land owners lament that the value of their properties would be prejudicially affected if the pumping stations are established in the vicinity.

2. Finding prima facie merit in the contentions of the writ petitioners, orders of interim injunction were granted.

3. This Special Bench comprising us deals with cases relating to protection and restoration of water bodies. We had issued a series of directions in WP(MD)No.18402 of 2018 etc batch to forebear discharge of sewage water into river Tamirabarani. When the case was posted under the caption “for compliance” last month, the authorities submitted that on account of interim orders granted in these writ petitions, the directions earlier given by us could not be complied with. We, therefore, directed the Registry to place the papers before the Hon'ble Administrative Judge to consider posting these writ petitions before this bench. After obtaining suitable orders, these writ petitions came to be listed before us.

4. The Commissioner, Tirunelveli City Municipal Corporation had filed petitions for vacating the interim orders. According to the respondents, underground sewerage system to Tirunelveli City has been conceived to prevent sewage from entering storm water rains and to conserve Tamirabarani river. Administrative sanction was accorded vide G.O.(Ms)No.5 MAWS Department dated 22.01.2018 at a project cost of Rs.440.19 crores. Technical sanction was accorded on 01.03.2018. The project was awarded to a contractor on 03.12.2018 but on account of slow work progress, the contract was terminated on 08.04.2022. Revised administrative sanction was accorded vide G.O.(4D)No.8 MAWS Department dated 10.03.2023 and a fresh technical sanction was issued on 03.01.2023. The revised project cost is Rs.627.67 crores. The project has two phases. It envisages setting up of a number of lifting stations. .

5. It is relevant to note here that vide circular bearing Na.Ka.No. 12843/2022/TP.2 dated 02.04.2025 issued by the Commissioner of Municipal Administration, Chennai – 28, the earlier circular dated 09.11.2023 relied on by the petitioners has been