IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Tuesday, the Sixteenth day of February Two Thousand Twenty One

PRESENT

THE HON`BLE MR JUSTICE M.SATHYANARAYANAN

AND

THE HON`BLE MR JUSTICE A.A.NAKKIRAN

WP.NO.3240 OF 2021

AND

WMP.NO.3682 OF 2021

1 UNION OF TOWER ASSOCIATION OF [ PETITIONERS IN BOTH THE

HIRANANDANI EGATTUR, HIRANANDANI COMPLEX, PETITIONS ]

EGATTUR VILLAGE, THALAMBUR POST,

CHENNAI 600 130, REPRESENTED BY ITS

SECRETARY MR.M.S.KRISHNA KUMAR

2 OCEANIC OWNERS ASSOCIATION

BUCKINGHAM STREET, OCEANIC., HOUSE OF

HIRANANDANI, 5/63, RAJIV GANDHI SALAI,

EGATTUR VILLAGE, THALAMBUR POST,

CHENNAI 600 130

REPRESENTED BY ITS SECRETARY

MR.AMIYA KANTA CHOWDHURY.

Vs

1 STATE OF TAMIL NADU [ RESPONDENTS IN BOTH THE PETITIONS ]

REPESENTD BY ITS SECRETARY,

HOUSING AND URBAN DEVELOPMENT

DEPARTMENT, FORT ST.GEORGE,

CHENNAI 600009.

2 DIRECTOR OF TOWN AND COUNTRY

PLANNING, 807, ANNA SALAI,

CHENNAI 600 002

3 THE MEMBER SECRETARY

MAMALLAPURAM LOCAL PLANNING AUTHORITY

FIVE RADHAS COMMERCIAL COMPLEX,

MAMALLAPURAM 603 104

4 THE TAMIL NADU POLLUTION CONTROL BOARD,

REP.BY ITS MEMBER SECRETARY

ANNA SALAI, CHENNAI 600 032.

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5 DISTRICT ENVIRONMENTAL ENGINEER,

TAMILNADU POLLUTION CONTROL BOARD,

FIRST FLOOR, 950/1, POONAMALLEE HIGH ROAD,

ARUMBAKKAM, CHENNAI 600 106.

6 M/S.HIRANANDANI REALTORS PRIVATE LIMITED,

NO.5/63 OLD MAHABALIPURAM ROAD,

EGATTUR VILLAGE, THALAMBUR P.O.,

CHENNAI 600 130, TAMIL NADU.

Writ Petitions under Article 226 of the Constitution of India

praying that in the circumstances stated therein and in the

respective affidavits filed therewith the High Court will be

pleased to issue a WRIT OF MANDAMUS or any other writ or order or

direction in the nature of writ of mandamus, directing the

Respondents No. 1 to 3 to retore the premises located at north

eastern side of Oceanic Tower, ouse of Hiranandani 5 / 63 Rajiv

Gandhi Salai, Egattur Village, Thalambur Post, Chennai 600 130 as

per the approved Master plan bearing Na Ka. No 389/2012 dated

11.10.2012 by removing the unauthorized construction in the Sewage

Treatment Plant being put up there by the 6th Respondent (in

WP.NO.3240 OF 2021) and

(ii) To issue an order of interim injunction restraining the

6th Respondent theri officrs, employees subordinates agents or any

other person(s) / entity (ies) claiming under them from putting

up / continuing construction of the sewage treatemtn plant of the

North eastern side behind the Oceanic tower House of hiranandani

5 / 63 Rajiv Gandhi Salai Egattur Village Thalambur Post Chennai

600 130 (in WMP.NO.3682 OF 2021) pending disposal of the above

WP.NO.3240 OF 2021.

Order : These petitions coming on this day for hearing upon

perusing the petitions and the affidavits filed in support thereof

and upon hearing the arguments of MR.R.PARTHASARATHY, Advocate for

the petitioners in both the petitions and of MR.S.KAMALESH KANNAN,

Government Advocate for the first to third respondents, in both the

petitions and of MR.N.MANOHARAN, Advocate for the fourth and fifth

respondents, in both the petitions, the court made the following

order:-

(Order of the Court was made by

M.SATHYANARAYANAN, J.

)

(Through Video Conferencing)

Heard the submissions of the learned counsel appearing for the

petitioner, who would submit that a Sewage Treatment Plant is being

put up by the 6^th respondent right next to the Oceanic Tower

Apartments, above ground, and since it is not even a part of the

Township's Master Plan, putting up of Sewage Treatment Plant above

ground is wholly unsustainable, and further points out that, in the

event of such Plant being constructed and becoming operational, it

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would create innumerable hardships, health hazards, and other

difficulties to the