IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.10.2024 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19372 of 2020 and W.M.P.No. 23961 of 2020

1. Srinivasa Rao

2. M.Aasha

3. V.Leela ... Petitioners -Vs-

l.The Commissioner, Greater Chennai Corporation, Rippon building, Chennai-600 003.

2. The Member Secretary, C.M.D.A., No.l, Irwin Gandhi Salai, Egmore, Chennai-8.

3. The Zonal Officer/ Assistant Commissioner, Zone-3, Division-8, Ward-30, No. 1, Thattankulam Street, Bazaar Road, Madhavaram, Chennai-60.

4. The Executive Engineer, Zone-3, Division-8, Ward-30, No. 1, Thattankulam Street, Bazaar Road, Madhavaram, Chennai-60.

5. The Assistant Engineer Zone-3, Division-8, Ward-30, No.l, M.R.H. Road, Near Madhavaram Bus Terminus, Madhavaram, Chennai-60. ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents from putting up construction of garbage waste shed/ unit and also connecting 24 feet road in approved layout Nos: PPD /46/98 & PPD/246/99 at Madhavaram village and Puzhal village at Survey No.l/IB, 1C1, 149/2B1, and further direct the respondents to form a 24 feet road and park in the above said place.

For Petitioner : Mr.S.Parthasarathy For R1, R3 to R5 : Mrs.P.T.Ramadevi, Standing Counsel For R2 : Mrs.P.Veena Suresh, Standing Counsel

ORDER

This Writ Petition has been filed forbearing the respondents from putting up construction of garbage waste shed/unit and from connecting 24 feet road in the approved layout Nos: PPD /46/98 & PPD/246/99 at Madhavaram Village and Puzhal Village situated in Survey No.l/IB, 1C1, 149/2B1.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners owned a property located at Plot No.1 &

2 comprised in T.S.No.19 & 18 of New Secretariat Officers Colony, Madhavaram, Chennai, under the jurisdiction of the third respondent. There is 24 feet road connecting the main road on the western side as per the Puzhal layout No.P.P.D.246/89. As per the said layout, the Open Space Reservation (hereinafter referred to as “OSR”) land comprised in Survey No.1/B, 1C1, 149/2B1 situated at Puzhal Village, was gifted by the promotors for park. It is provided for fresh air and other recreational purposes. While being so, in the existing road the third respondent is now proposed to construct a garbage waste segregation shed. Therefore the petitioner submitted a representation and the same was not considered. Hence, this present writ petition.

4. A perusal of the counter filed by the third respondent and the submissions made by the learned Standing Counsel reveals that as per the Puzhal layout, in the OSR land there is no 24 feet road connecting the road in existence. The OSR land admeasuring 11472 sq.ft was gifted by the original owner on 14.09.1989 registered vide document No.7575 of 1989. Accordingly, the construction has been put up for boundaries in and around the OSR land and it belongs to the Corporation of Chennai. In the said land, now a garbage waste segregation shed has been constructed and it is in operation. The Government of India had formulated a scheme, i.e, Swachh Bharat Mission, with an aim to clean up the streets, roads and infrastructure and provided funds for construction of compost yards for preparing manure from the biodegradable waste in the Chennai City. The compost yard is working as per the following procedure :

“....... Yard waste compost converts a significant portion of your household water into healthy soil. The soil produced from yard waste compost is nothing short of bundle of joy to the earth.

Decreased soil erosion by enhancing soil structure.

Return a diverse number of nutrients to soil. Reduce watering needs by improving water retention in the soil.

Suppress plant diseases.

This is a beneficial process that requires oxygen and water and that emits carbon dioxide as a result. By diverting yard waste in landfill, you can help reduce the p