The preservation of water bodies takes precedence over private interest in development, affirming that unauthorized constructions are subject to demolition, and proper planning permissions must be adhered to.

ORDER :

ANITA SUMANTH, J. 

This is a batch of writ petitions involving the interests of owners of residential units in ‘Shruthi Enclave’ at Singanallur, Coimbatore. There are three main Writ petitions espousing common causes, filed by the Shruthi Enclave Welfare Association (in short, ‘Association’) and the remaining 72 Writ petitions have been filed by individual owners of the houses seeking to quash notices dated 04.09.2018 issued under Section 296 (1) of the Coimbatore Corporation Act, 1981 and Section 296 (2) of the Coimbatore City Municipal Corporation Act, 1987 whereunder, individual units in Shruthi Enclave have been described as unauthorized buildings liable to be demolished, and the petitioners have been given 72 hours for tendering a valid explanation objecting to the proposal, under threat of prosecution and coercive action by the Corporation.

2. In WP.No.32596 of 2014, the Association seeks a quash of orders dated 14.02.2006 and 22.01.2007 of the Executive Engineer and Assistant Executive Engineer, Public Works Department (PWD)/R3 and R4 respectively, seeking a consequential direction to the District Collector, Coimbatore/R2 to consider the representation of the Association dated 24.08.2010.

3. The second Writ petition has been instituted in 2017, WP.No.24500 of 2017, challenging proceedings of the Commissioner, Town and Country Planning/R3 and the Member Secretary, Coimbatore Local Planning Authority/R4 dated 27.07.2017 and 28.08.2017.

4. The third Writ petition has been instituted in 2019, W.P.No.2276 of 2019, and challenges proceedings of the Commissioner, Corporation of Coimbatore/sole respondent dated 04.09.2018.

5. We have heard the submissions of Mr.Vijay Narayan, learned Senior Counsel for Mr.Saravana Sowmiyan, learned counsel for the Association as well as the individual petitioners. Their submissions are as follows.

6. Shruthi Enclave was conceived as a ‘group housing project’ by the landowners who had applied for planning permission in that category. The Coimbatore Corporation had accorded, as early as on 29.04.2004, permission to the landowners to form a culvert and pathway in respect of the Canals that ran through their land, at their own cost. The no-objection granted on 29.04.2004 was after an inspection by the authority, of the entire area.

7. In the aforesaid proceedings, the Assistant Executive Engineer, PWD has noted that there was no agricultural activities in the lands or in the surrounding areas and there was no water irrigation facility for several years. Subsequent thereto, approval had been granted by the Commissioner, Town and Country Planning on 23.08.2004 for construction of 137 dwelling units, fixing specific boundaries in the area to be developed. The petitioners have purchased the plots as early as in 2004 onwards and have been in occupation since then.

8. While so, action was taken in 2006 as against one of the landowners on a representation by an association of Farmers on the ground that they were unable to irrigate the area, and in any event, culvert and pathway had not been constructed by the petitioners and hence the permission granted in 2004 ought to be cancelled. This had led to the passing of orders dated 14.02.2006 and 22.01.2007 cancelling the permission granted by the PWD in 2004 leading to the institution of the Writ petitions in 2014 by the Association.

9. In fact, the Association had also made a representation on 24.08.2010 making some suggestions for amicable resolution of the matter, as a via media, instead of the extreme step of cancellation of the permissions granted. No action was taken on that representation and ins