O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J)

The petitioner has come before this Court challenging G.O.(Ms).No.177 dated 24.12.2019 passed by the 1st respondent and direct the respondents not to shift the bus stand from existing location to the new location at Golder Nager Satagar Panchayat of Pernambut, Vellore District.

2.The contention of the Petitioner is that the population of Pernambut municipality is 51,271 and nearly 61% of poeple belong to Muslims and 29% of people belong to Scheduled Caste. The existing municipal bus stand has been functioning in the centre of the Town right from the year 1981 onwards. Approximately 65 buses are plying from the bus stand from 04.00 am to 11.00 pm. There are about six Higher Secondary Schools situated within 500 meters in and around the present bus stand and totally 3000 students are using the bus stand. The public has been demanding for expansion of bus stand by including the nearby police station and shifting the police station on the opposite side, where the police quarters is situated.

3.Moreover, opposite to the present bus stand more than one acre of vacant land belonging to the Government is available, which can be used for expansion of the bus stand. However, the respondents have decided to shift the existing bus stand to the new place, which is 2.5 kms away and out of Municipal limit, in the property gifted by three individuals to an extent of one acre in survey No.691/1, 291/2A of Satgar Revenue Village. Since the property does not come within the limits of Pernambut Municipality and coming within the limit of Satgar Panchayat of Pernambut panchayat union and the said property located 400 meters away from the main road, the location of new bus stand is not convenient to the local residents.

4.It is the further contention of the Petitioner that the suitability of the place was not considered for shifting of the bus stand and without ecological clearance, the respondents are taking steps to form the new bus stand. The local people started agitation against shifting of the bus stand by forming “Pernambut Bus Stand Rescue Coordination Committee” and passed resolution for not to shift the bus stand. The members of all political parties, Traders Union, Shop Owners, NGO's, Human Rights Activists, Member of all Jamaths and public residents have joined together in the movement and several demonstrations have been held. Though many representations were given for expanding the said bus stand and not to shift the bus stand to the new place, the respondents have not responded to the said request.

5.Since Schools, Masjids, Government Hospital, ESI Hospital, Market, Hostels, Police Station, Fire Station and all other essential Government buildings are situated within 500 meters radius from the existing bus stand, the shifting of bus stand 2.5 kms away from all the essential establishments will not be in the interest of the passengers as well as school children.

6.The residents are beedi workers, masonary labours, tannery and shoe units labours and they would also put to unnecessary hardship to go to the new bus stand. The buses from the proposed bus stand will ply only in the outer road and the residents have to take auto to reach the town. Inspite of agitations from the local residents, the 1st respondent passed the impugned G.O, accepting the resolution of the Pernambut Municipality to transfer the title deed to the Municipal Commissioner from the Tahsildar, Pernambut with regard to survey No.691/1, 291/2A of Satgar Village which have been registered by the owners viz., C.Babu, D.Ronak and D.Karan Kumar for the purpose of constructing new bus stand in the public private partnership mode and also for grant of exemption from the property tax for the buildings to be constructed.

7.Heard Mr.M.Muthappan, learned counsel appearing on behalf of the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents.

8.It is usual for the peo