Madras High Court
Rep. By Its President C.Ramakrishnan vs The Corporation Of Coimbatore on 4 October, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.14088 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.08.2024
PRONOUNCED ON : 04.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.14088 of 2024
and W.M.P.No.15269 of 2024
Jothipark Lands Residents Welfare Association
Registered Society
(SI. No. SRG/Coimbatore North / 182 / 2023)
Rep. by its President C.Ramakrishnan,
45, Jothi Park Lands,
Ward No.39, Ajjanur Road,
Vedapatti Post,
Coimbatore-641 007. ... Petitioner
Vs.
1. The Corporation of Coimbatore
Rep. by its Commissioner,
Town Hall, Coimbatore-641 001.
2. Principal Secretary to Government
Municipal Administration and Water
Supply Department (MAWS),
Secretariat, Fort St.George,
Chennai-600 009.
3. Tamil Nadu Water Supply and Drainage Board
Rep. by its Chairman,
TWAD House, No.31,
Kamarajar Salai, Chepauk,
Chennai-600 005.
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W.P.No.14088 of 2024
4. Tamil Nadu Urban Infrastructure Financial Services Ltd
Rep. by its Chairman,
19, T.P.Scheme Road,
Raja Street Extention,
Raja Annamalai Puram,
Chennai-600 028.
5. The District Collector, Coimbatore,
Collectorate Building,
7/1, State Bank Road,
Gopalapuram, Coimbatore-641 018.
6. Tamil Nadu Pollution Control Board
Rep. by its Chairperson,
76, Mount Salai, Guindy, Chennai-600 032.
7. Directorate of Town and Country Planning
Rep. by its Director,
2nd, 3rd and 4th Floor,
C & E Market Road,
Koyambedu, Chennai-600 107 ... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India
praying for the issuance of a Writ of Mandamus forbearing the respondents
1-5 and all persons acting through or under the respondents from trespassing,
commencing and implementing the “Tamil Nadu Urban Flagship Investment
Project (Tranche 3) - underground Sewerage System for Added Areas of
Coimbatore Corporation-Zone V (Vadavalli and Veerakeralam) (Wards 16-
19) and Zone VII (Kavudampalayam and Thudiyalur) (Wards 1 (part) 2 to 9
and 43 (part)) (Subject Project)” in any manner whatsoever that wound affect
the residents of the residential plots in Jothi Park Lands at Ward 19
(presently Ward No.39) in Veerakeralam, Coimbatore, and consequently
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W.P.No.14088 of 2024
direct the respondents to withdraw the proposal of the subject project from
the reserved sites of Ward 19 (presently ward No. 39) in Veerakeralam,
Coimbatore, with immediate effect.
For Petitioner : Mr.R.Sankaranarayanan
Senior Counsel
for Mr.Poorvaja A.R
For Respondents
For R1 : Mr.D.R.Arun Kumar
For R2 : Dr.T.Seenivasan
Special Government Pleader
For R3 : Mr.S.Silambanan
Senior Counsel
for Mrs.S.Mekhala
For R5 & R7 : Mr.V.Manoharan
Additional Government Pleader
ORDER
This Writ Petition has been filed forbearing the respondents 1-5 and all persons acting through or under the respondents from trespassing, commencing and implementing the Tamil Nadu Urban Flagship Investment Project (Tranche 3)- underground Sewerage System for Added Areas of Coimbatore Corporation-Zone V (Vadavalli and Veerakeralam) (Wards 16-
19) and Zone VII (Kavudampalayam and Thudiyalur) (Wards 1 (part) 2 to 9 and 43 (part)) in any manner whatsoever that wound affect the residents of the residential plots in Jothipark Lands at Ward 19 (presently Ward No.39) in Veerakeralam, Coimbatore.
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2. The petitioner is a registered Association consists of members of residents from the Jothi Park Lands, residing in Sri Lakshmi Narayana Enclave and VGM Arcade located at Ward No.39, Veerakeralam, Coimbatore. The members of the petitioner had purchased their respective plots of Jothi Park Lands and it is a DTCP approved layout. As per the layout plan, an extent of 14300 sq.ft. and 13135 sq.ft. located at the eastern borders of the sites in Jothi Park Lands were reserved for the purpose of establishing and maintaining parks dedicated for public usage. The said extent of lands along with roads were gifted by the promoters by way of Gift Deed dated 14.03.2007 in favour of the first respondent. The said extension of land to be utilised for parks, play-fields and open spaces, for public purpose as contemplated under Section 2(36) of the Tamil Nadu Town and Country Planning Act, 1971. Though it was meant for park, no steps had been taken to convert the same as park for the use of the residents and the general public. The members of the petitioner themselves installed play tools/equipments form their gathered funds and maintained the same.
3. While being so, the said land was measured and proposed to https://www.mhc.tn.gov.in/judis Page 4 of 26 W.P.No.14088 of 2024 convert in part into Sewage Lifting Station under the Tamil Nadu Urban Flagship Investment Project (Tranche 3). The said project was proposed to develop the urban and environmental infrastructure in ten cities located in the industrial corridors of Tamil Nadu. In order to execute the said project, the sub project which proposes to provide underground sewerage system in Zone V (Vadavalli & Veerakeralam) and Zone VII (Kavundampalayam & Thudiyalur) in Coimbatore City Municipal Corporation.
4. One of the Sewage Lifting Stations of the sub project was proposed to be laid at Jothi Park Lands/Sriram Gardens as part of Zone V Sewer System. It lies adjacent to the petitioner's sites i.e., bounded on the west by site Nos.35, 36, 37 and 38, which comprises of vacant sites and residences of the members of the petitioner Association. It bounded on the south by houses in the Moopanar Colony with a road laid by the local panchayat and a space where cattle is reared. On the eastern border of the said site lie a stretch of pit and a barren agricultural land in SF No.379. The said Sewage Lifting Station collects sewage is likely to generate odour due to the emission of H2S (Hydrogen Sulphide) and other toxic gases, which are air pollutants and also are detrimental to the health of the residents in the houses located close to the said site. Hence, the petitioner association field the https://www.mhc.tn.gov.in/judis Page 5 of 26 W.P.No.14088 of 2024 present writ petition.
5. The learned Senior Counsel appearing for the petitioner submitted that the prolonged stagnation of sewage in the lift station due to failure of pumps or other exigencies would result in odour build up and impact the peaceful and healthy habitation of the residents, causing air and water pollution. The adverse impacts includes overflow and flooding of neighbouring properties with raw sewage, hazard to public health due to ground water pollution and failure of sewage system, health and safety hazards from toxic gases, potential air quality deterioration, nuisance to neighbouring areas due to noise generation, smell, influx of insects and rodents, exposure to pathogens from untreated sewage etc., apart from noise and air pollution.
5.1. He further submitted that the place which were earmarked as parks and other common purpose cannot be used for other purpose. In support of his contention, he relied upon the Judgment reported in SC 2 Ph.774; 41 E.R. 1143 in the case of Tulk Vs. Moxhay, in which, the relevant portion is extracted hereunder :
https://www.mhc.tn.gov.in/judis Page 6 of 26 W.P.No.14088 of 2024 “.....Now, I do not apprehend that the jurisdiction of this Court is fettered by the question, whether the covenant runs with the land or not. The question is, whether a party taking property with a stipulation to use it in a particular manner that stipulation being imposed on him by the vendor in such a manner as to be binding by the law and principles of this Court will be permitted by this Court to use it in a way diametrically opposite to that which the party has stipulated for.” 5.2. He also relied upon the Judgment of the Hon'ble Supreme Court of India reported in 2023 SCC online SC 137 in the case of Association of Vasanth Apartments' Owners Vs. V.Gopinath and others, in which the Hon'ble Supreme Court of India held as follows :
“184. The upshot of the above discussion may be summed-up as follows :
I. Rule 19 of the DCR, which is impugned, is statutory in nature ;
II. Rule 19 is not ultra vires the Act ;
III. The impugned Regulation is not ultra vires the Act ; IV. Neither the impugned Rule nor the Regulation violates Article 14 of the Constitution of India ;
V. The impugned Rule/Regulation does not violate Article 300A if the Constitution of India ;
https://www.mhc.tn.gov.in/judis Page 7 of 26 W.P.No.14088 of 2024 VI. The areas covered by the OSR cannot be diverted for any other purpose. The respondents are duty-bound to ensure that the area set apart as OSR is stringently utilised only for the purpose in the Rule/Regulation. We direct that no area meant for OSR shall be utilised as dumping yards or any other purpose other than as OSR ;
VII. As far as Civil Appeal Nos.1890-1891 of 2010 are concerned, we are of the view that in view of the fact that there appears to have been a Kachha road, even at the time of the gift executed as early as in February, 1994 and it was being used as a road by large numbers of members of the public to reverse the position on the ground, may produce a great deal of injustice, which we would avoid by resorting to the principle enunciated in the decision of this Court referred to in Taherakhatoon (D) By LRs v. Salambin Mohammad. However, if the property gifted is in excess of the area used for the road, we direct that the excess land shall be used for the purpose of OSR only. We also direct that the Authority may consider making available the maintenance of the said area to the appellants, namely, Association of Vasanth Apartments Owners, if they are prepared to maintain it in terms of the observations contained in this judgment.” Hence, he prayed to allow this writ petition.
6. The first respondent filed counter and the learned counsel https://www.mhc.tn.gov.in/judis Page 8 of 26 W.P.No.14088 of 2024 appearing for the first respondent submitted that as per the scheme, a control device will be installed in the lift station which will control the obnoxious odour and two pumps will be erected by keeping one as a stand by, where as the lift station will be operated 24/7 to lift the collected sewage to the nearest bell mouth chamber. A diesel generator will be provided for uninterrupted pump operation and no prologned stagnation of sewage can be envisage. There is no impact to air, water, noise and soil pollution, since nil seepage in collection wells will be ensured through tightening test; nil seepage in the collection system shall be ensured through flow test and funnel test; odour control device will control the H2S, CH4 etc.; installation of the activated carbon filter will be made which is a very effective odour control device; submersible pumps are quieter and operated under water, so noise levels are significantly less and well within the prescribed limit. Therefore, the scheme will benefit the environment and society.
6.1. He further submitted that the subject site has been selected on the basis of government land available nearest to the required locations and existing topographical conditions as required for this project. It is selected for 5D list station is one of the lowest catchments making it naturally best suited for sewage collection through gravity. It is designed to accommodate the https://www.mhc.tn.gov.in/judis Page 9 of 26 W.P.No.14088 of 2024 ultimate demand produced during the year capacity of the sewage lifting station designed to sustain the expected population in the year 2050. Further, after the scheme there was a meeting and the minutes, photographs shows that more than 150 residents of Sriram Garden were participated and they were explained about the construction place environment management plan for proposed construction of lift station and they were duly agreed without any objection.
7. The third respondent filed counter and learned Senior Counsel appearing for the third respondent submitted that though the selected site was recommended as park no step has been taken so far by the first respondent to upgrade and maintain the park. While being so, the thirst of the public to provide sewerage facilities and benefits and the Tamil Nadu Urban Flagship Investment Project (Tranche 3) underground sewerage system and its machinery for benefits of public at large. The specific extend of the land, which is now selected for implementation of the project was originally gifted in favour of the first respondent for the purpose of establishing the park. Now it was decided to implement underground sewerage scheme to four areas of Vadavalli, Veerakeralam, Kavundampalayam and Thudiyalur in Coimbatore District. It will support the development of two sewage treatment plants in https://www.mhc.tn.gov.in/judis Page 10 of 26 W.P.No.14088 of 2024 Coimbatore with 529 kilometers of sewage collection pipelines, installing 14 pumps and lift stations and also 14 kilometers of sewage pumping mains.
7.1. He further submitted that the government accorded sanction in G.O.Ms.No.25 Municipal Administration & Water Supply (MC2) Department, dated 29.01.2021 and also by revised order in G.O.Ms.No.104 Municipal Administration & Water Supply (MC2) Department, dated 21.07.2023 and tenders were called for. Finally the tender was awarded to M/s.Larsen and Toubro Limited, Chennai and entered into an agreement dated 04.01.2023. As per the agreement, a sum of Rs.333.44 crores with 36 months and 6 months trial run and paid maintenance for five years. It is scheduled to complete in 2026.
7.2. Further, as per the gift deed executed by the developer in favour of the first respondent, the area earmarked for public purpose is about 27,435 sq.ft., whereas the project envisaged usage of only about 2,330 sq.ft., for the sewage lifting station. It is only a miniscule portion in the public purpose, in the range of hardly 9% of the open area available. The Solid Waste Management Rules, 2016 has been spelt out how scientifically the https://www.mhc.tn.gov.in/judis Page 11 of 26 W.P.No.14088 of 2024 waste disposal at all levels would be undertaken. The public purpose area is only used for construction of lift station for collecting sewage and pumping into the nearby machine hole.
7.3. He further submitted that the judgment relied upon by the petitioner in which the Hon'ble Supreme Court of India dealt with the issue in which the challenge was made to Rule 19(b) of the Development Control Rule and contended that the authority cannot compel voluntary gifting of 10% of land and that too without payment of compensation. It is further deals with the power of the authority and as to whether the Development Control Rule has statutory value and it is held that Rule 19 of the Development Control Rule is statutory in nature and no ultra vires of the Act. Therefore, the issue whether this miniscule portion of the park which is to be used as a sewage lift station would fall within the ambit of Tamil Nadu Town and Country Planning Act and Rules and it was not an issue before the Hon'ble Supreme Court of India.
7.4. He also relied upon the judgment of the Hon'ble Full Bench of this Court reported in AIR 2022 (NOC 466) 225 in the case of P.Karthikeyan and ors Vs. Commissioner, Coimbatore Corporation & https://www.mhc.tn.gov.in/judis Page 12 of 26 W.P.No.14088 of 2024 ors., which held that usage of park for the sewage lift station is permissible and it is as per Rules. Further the gift deed executed by the promoter empowers the local authority to use open space for the welfare of the public at large.
8. The seventh respondent filed counter and the learned Additional Government Pleader submitted that the petitioner is mainly aggrieved by the using the park for laying underground sewerage treatment system. The land below the OSR lands can be used for rain water harvesting tanks and STP as per Rule 47(6) of the Combined Development Rules. Therefore, the respondents have right to carry out their work of placing underground sewerage system below the OSR land belonging to the first respondent.
9. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
10. The only point for consideration in this writ petition is that whether the land which was gifted in favour of the first respondent for the purpose of open space reserved area, for the purpose of park, can be utilized for the purpose of putting up sewerage lifting station under the scheme of underground sewage system.
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11. The petitioner's members has purchased their respective house plots in the DTCP approved site at Jothi Park Land situated at Ward No.39, Veerakeralam, Coimbatore. As per the lay out plan to an extent of 14300 sq.ft. and 13135 sq.ft., located at the eastern borders of the lay out plan were reserved for the purpose of establishing and maintaining parks dedicated for public usage. It also connected the roads from the plots. The said land was gifted by the promoters in favour of the first respondent by a Gift Deed dated 14.03.2007. Though the first respondent did not take any steps to convert the said land as park, the petitioner's members installed some equipments for their daily exercises and activities.
12. While being so, a project was introduced that Tamil Nadu Urgan Flagship Investment Project (Tranche 3) underground sewerage system for added areas of Coimbatore corporation zone – V, Vadavalli and Veerakeralam, wards 16-19 and zone VII, Kavundampalayam and Thudiyalur, ward 1, part 2 to 9 & 43 part was proposed to develop the urban and environmental infrastructure in ten cities located in the industrial corridors of Tamil Nadu, including Coimbatore city. This project aims to develop the water supply and drainage infrastructure and decided to https://www.mhc.tn.gov.in/judis Page 14 of 26 W.P.No.14088 of 2024 implement underground sewerage scheme to four areas of Vadavalli, Veerakeralam, Kavundampalayam and Thudiyalur in Coimbatore District. It will support the development of two sewage treatment plants in Coimbatore with 529 kilometers of sewage collection pipelines, installing 14 pumps and list stations and also 14 kilometers of sewage pumping mains.
13. After allocation of funds, tenders were called for and the tender was awarded to M/s. Larsen and Toubro Limited, Chennai to execute the said project. In order to implement the said scheme, they requested some space for installation of lift station. The area which was gifted in favour of the first respondent by the promoters of the petitioner and which are reserved for public purpose was identified by considering the topography and project requirements. This scheme is beneficial to the residents of the petitioner. Though already objections were called for from the general public and proposed to implement the said scheme, the petitioner submitted representation thereby raised objection and requested to stop the project in their zone.
14. Further, this project envisaged for the purpose of public health and for proper living of the citizens in the said area, the proper sewage https://www.mhc.tn.gov.in/judis Page 15 of 26 W.P.No.14088 of 2024 system is essential. It is ensure proper disposal of sewage in these area and there will not any odours, since odour control devise proposed to be installed in the lifting station. This area has been selected after thorough study and in scientific manner. It is located near the lowest point in a development and the local topography has slope of the ground and above and below ground obstructions, proximity of proposed and existing sewerage infrastructure, size and type of pumping station, access considerations, visual impact particularly the vent, odours, noise problem etc., availability of power, water etc., vulnerability of the site for inundation.
15. In fact, most of the houses in the locality are not equipped with proper sewage disposal mechanism, a result of which, sewage is being let out in open which is a health hazard. Further septic tanks which have been put up by the petitioner's members and also other general public lead to leakage thereby pollute the ground water. Therefore, the scheme is being implemented by the respondents consisting pumping main, trunk main, pumping station and lifting station etc., which is the safe method for disposal of sewage.
16. Now, the only issue to be dealt with by this Court is that the https://www.mhc.tn.gov.in/judis Page 16 of 26 W.P.No.14088 of 2024 land which was gifted in favour of the first respondent for the purpose of public purpose can be utilized for the installation of sewerage lifting station. The project envisaged usage of land ad measuring 2330 sq.ft., out of 27,435 sq.ft. It is only a miniscule portion for the public purpose. The Hon'ble Full Bench of this Court in the judgment reported in AIR 2022 (NOC 466) 225 in the case of P.Karthikeyan and ors Vs. Coimmissioner, Coimbatore corporation and ors., dealt with the issue arising under the Solid Waste Management Rules, 2016 as to whether the lay out plan finalized as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971 read with the Development Control Rules framed thereunder, permits certain permissible deviations therefrom in larger public interest or not? It is held that the permissible deviations are to be allowed in the provisions of the Tamil Nadu Town and Country Planning Act read with the Tamil Nadu Combined Development and Building Rules, 2019. It is relevant to extract the relevant portion of the order as follows :-
“184. In fact, this section was specifically relied upon by the learned Division Bench of this Court in SIDCO Nagar's case. According to the learned Division Bench, the amenities which are provided like open space, park etc., are inalienable and therefore, it cannot be encroached upon by any authority including the Government. But, with due respect to the https://www.mhc.tn.gov.in/judis Page 17 of 26 W.P.No.14088 of 2024 learned Division Bench, the meaning of amenities, though inclusive of open spaces, parks, recreational grounds etc., must also be expansively read to include micro waste disposal units as well. The solid waste management is the responsibility of every citizen, as the disposal of the waste in terms of Rules of the SWM Rules, 2016, through composting is to be done within the premises as far as possible. Therefore, location of a MCC in the neighbourhood is to be deemed and treated as one of the amenities made available for the welfare of the residents, for their enjoyment of a litter free environment, serving larger public interest as a whole. Scientific disposal of the waste in the present technology driven era is part of the amenities to be enjoyed by the society to be free from indiscriminate dumping of and accumulation of garbage in every nook and corner of streets and neighbourhoods. The SWM Rules, 2016, is the imprimatur and catalyst for the change to happen. Progressive implementation of the Rule is the only way forward and panacea in surmounting apathetic and uncaring collective attitude of the society towards proper upkeep of its environment free from miasma of stench and squalor. The evolution of the concept is to turn the focus on every individual citizen as the slogan goes "the only cure for wither is yours".
185. In the said circumstances, after the introduction of the SWM Rules, 2016, the location of MCC is to be treated https://www.mhc.tn.gov.in/judis Page 18 of 26 W.P.No.14088 of 2024 as one of the amenities to be enjoyed by the local residents in the neighbourhood. In fact, the definition of "amenities" in the Act, 1971, itself is open to wide interpretation and is also amenable to contemporaneous construct in tune with the aggressive and exponential growth and development, in urban and semi urban areas and towns. In the opinion of this Bench, the definition of amenities cannot receive a constricted meaning when it particularly uses the expression like "other utilities, services and conveniences". Such expression literally include every kind of service, that is beneficial to the public at large.
.....................
189. The expression development that is contemplated in the Rules, 2019 and the provisions of the Act, 1971, on a proper semantic construct must relate to construction activity for a different user than what has already been classified, earmarked and reserved in the Master or Development Plan.
There is a world of a difference between developing a land and converting the same to different user by changing its original character and classification and the location of compost yard as part of providing amenities to the residents of the locality. There is no change in user but location of additional amenity permissible in terms of the furtherance of the Act, 1971 and Combined Development Rules, 2019. It is akin to having "Rest Rooms" in public parks for the https://www.mhc.tn.gov.in/judis Page 19 of 26 W.P.No.14088 of 2024 convenience of the park users. Can location of "Rest Rooms"
within the park area be questioned as "Development"
amounting to conversion? The answer cannot be anything else but No.” Therefore, once the land had been classified and the layout had been sanctioned, the earmarked place cannot be subjected to reclassification and convert the same to a different use. It only with reference to Section 2 with sub sections [2], [13], [34] and [36] of the Tamil Nadu Town and Country Planning Act. The definition clause relating to ''amenities'', ''development'', ''public open space'', ''public purpose'' and Sections 48 and 49 of the Tamil Nadu Town and Country Planning Act, 1971, read with Development Control Rules thereunder. The expression development may not be applicable at all. What is proposed in a small portion of the park area, is only a location of Micro Compositing Centre as a part of amenities to be provided to the people in the neighbourhood for their own benefit and enjoyment of garbage and litter-free atmosphere and clean environment. It is concept development in the modern era and it can never be called as ''Development'' in terms of the provisions of the Act, 1971 or the Combined Development Rules, 2019.
17. Section 2(2) of the Tamil Nadu Town and Country Planning https://www.mhc.tn.gov.in/judis Page 20 of 26 W.P.No.14088 of 2024 Act, 1971 defines the amenities. It include streets, open spaces, parks, recreational grounds, play-grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences. Section 2(13) of the Tamil Nadu Town and Country Planning Act, 1971 defines the development. It means the carrying out of all or any of the works contemplated in a regional plan, master plan, detailed development plan or a new town development plan prepared under this Act, and shall include the carrying out of building, engineering, mining or other operations in, or over or under land, or the making of any material change in the use of any building or land. Lifting station is part of the amenities. Further park or play field cannot be construed as Development in terms of the scheme of the Tamil Nadu Town and Country Planning Act, 1971 or the Combined Development Rules, 2019. Hence, any prohibition contemplated in the statutory rules and regulations does not apply to the implementation of the concept of solid waste management as envisaged in the Solid Waste Management Rules, 2016.
18. In the judgment relied upon by the learned Senior Counsel appearing for the petitioner reported in 2023 SCC online SC 137 in the case of Association of Vasanth Apartments' Owners Vs. V.Gopinath and https://www.mhc.tn.gov.in/judis Page 21 of 26 W.P.No.14088 of 2024 others, the Hon'ble Supreme Court of India dealt with the issue in which the challenge was made to Rule 19(b) of the Development Control Rules, contending that the authority cannot compel voluntary gifting of 10% of land that too without payment of compensation for public purpose etc. Further, the power of the authority as to whether the Development Control Rule has statutory value and it is held that the Rule 19 of the Development Control Rule has statutory in nature and not ultra vires of the Act and there is no violation of Article 14 or 300 A of the Constitution of India. Whereas in the case on hand, the issue as to whether the small portion of the park which is to be used as sewage lift station, would fall within the ambit of Tamil Nadu Town and Country Planning Act and Rules thereunder. In fact, the Hon'ble Supreme Court of India held that open space can be used in conformity with the Act and Regulations. Accordingly, the Hon'ble Full Bench of this Court held that usage of portion of the park for the purpose of sewage lift station is permissible and it is under the rules. Therefore, the judgments relied upon by the learned Senior Counsel appearing for the petitioner are not helpful to the case on hand.
19. That apart, on perusal of the gift deed dated 14.03.2007 executed by the promoter of the Jothi Park Lands in favour of the first https://www.mhc.tn.gov.in/judis Page 22 of 26 W.P.No.14088 of 2024 respondent, it empowers the first respondent to put use of the open space for the welfare of the public at large. Therefore, it cannot be said that the sewage treatment scheme is against the public purpose. The land was gifted in favour of the first respondent under Section 2(36) of the Tamil Nadu Town and Country Planning Act for the public purpose. It defines that any purpose which is useful to the public or any class or section of the public. Therefore, the land can be very well used for the purpose of installation of sewage lifting station.
20. In fact, the petitioner did not have any under ground sewerage scheme and therefore, they are letting the waste in a septic tank which causes more hazards to the environment. As per the agreement, odour control device will be installed in the sewage lifting stations and it will control the odour. Two pumps will be erected by keeping one pump as stand by. Dedicated diesel generator will be provided for uninterrupted pump operation. Therefore, continuous pumping will completely stop the stagnation of sewage.
21. In view of the above discussions, the writ petition itself is lack of merits and liable to be dismissed. Accordingly, the Writ Petition stands https://www.mhc.tn.gov.in/judis Page 23 of 26 W.P.No.14088 of 2024 dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
04.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No Lpp/rts https://www.mhc.tn.gov.in/judis Page 24 of 26 W.P.No.14088 of 2024 To
1. The Commissioner, Corporation of Coimbatore Town Hall, Coimbatore-641 001.
2. Principal Secretary to Government, Municipal Administration and Water Supply Department (MAWS), Secretariat, Fort St. George, Chennai-600 009.
3. The Chairman, Tamil Nadu Water Supply and Drainage Board TWAD House, No.31, Kamarajar Salai, Chepauk, Chennai-600 005.
4. The Chairman, Tamil Nadu Urban Infrastructure Financial Services Ltd 19, T.P.Scheme Road, Raja Street Extention, Raja Annamalai Puram, Chennai-600 028.
5. The District Collector, Coimbatore, Collectorate Building, 7/1, State Bank Road, Gopalapuram, Coimbatore-641 018.
6. The Chairperson, Tamil Nadu Pollution Control Board 76, Mount Salai, Guindy, Chennai-600 032.
7. The Director, Directorate of Town and Country Planning 2nd, 3rd and 4th Floor, C & E Market Road, Koyambedu, Chennai-600 107 https://www.mhc.tn.gov.in/judis Page 25 of 26 W.P.No.14088 of 2024 G.K.ILANTHIRAIYAN. J, rts ORDER IN W.P.No.14088 of 2024 and W.M.P.No.15269 of 2024 04.10.2024 https://www.mhc.tn.gov.in/judis Page 26 of 26