Madras High Court
Jansi Rani Nagar Makkal Nala Sangam vs The District Collector on 15 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2025
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.19966 of 2021, 21148, 27569, 28121, 28450 , 30246, 30318, &
30325 of 2024
and
W.M.P.(MD)Nos.16663 of 2021, 17907, 18947, 23380, 23854, 24157, 25177,
25453 & 25505, 25509 of 2024 & 589, 590, 603 and 2190 of 2025
In W.P.(MD)No.19966 of 2021 : -
Jansi Rani Nagar Makkal Nala Sangam,
Rep. by its President P.Chelladurai ... Petitioner
Vs.
1. The District Collector,
O/o.the District Collector,
Tirunelveli District.
2. The Commissioner of Municipal Administration,
Ezhilagam, Annex VI Floor,
Chepakam, Chennai – 5.
3. The Commissioner,
Tirunelveli Municipal Corporation,
Tirunelveli.
4. The Executive Officer,
Tirunelveli Metropolitan Water Supply
and Sewage Board,
Palayamkottai, Tirunelveli City.
5. The Tahsildar, Palayamkottai,
Tirunelveli District. ... Respondents
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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, to forbear the respondents to carry out the construction work
which is sewage water pumping station in Survey No.56, V.M.Chatram Village,
Kumaran Colony, Palayamkottai Taluk, Tirunelveli District and to shift the same in
Survey No.20, Block No.43 at Achimadam, Tirunelveli based on the petitioner's
representation dated 30.09.2021.
For Petitioner : Mr.P.Paulpandi
For R-1, R-4 & R-5 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-2 & R-3 : Mr. Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,
Standing counsel.
***
In W.P.(MD)No.21148 of 2024 : -
I.Pandian ... Petitioner
Vs.
1. The Commissioner,
Tirunelveli Corporation, Tirunelveli.
2. The District Collector /
Chairman Local Planning Authority,
Tirunelveli District, Tirunelveli.
3. The Deputy Director of Town and
Country Planning Authority,
Tirunelveli District,
Tirunelveli. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents from putting up any construction of
the sewage pumping station or for any other purpose other than the purpose of bus
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station in plot earmarked for bus station in Rahamath Nagar Layout, No.LPH/TDP
No.15/68 comprised in the lands bearing Survey No.696 to 747, Palayamkottai
Rural Village, Tirunelveli Municipal Corporation, Tirunelveli by considering the
representation given by the petitioner dated 13.08.2024.
For Petitioner : Mr.G.Prabhu Rajadurai
For R-1 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,
Standing counsel
For R-2 & R-3 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
***
In W.P.(MD)No.27569 of 2024 : -
M.Paramanantham ... Petitioner
Vs.
1. The Director of Municipal Administration,
O/o.the Director of Municipal Administration,
Chennai – 28.
2. The District Collector, Tirunelveli.
3. The Commissioner,
Tirunelveli Corporation, Tirunelveli. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the third respondent from converting the Park (Open
Space Reservation) in an extent of 68 cents at Saranya Nagar in R.S.No.183/2
V.M.Chathiram Village, Palayamkottai Taluk, Tirunelveli District for the purpose of
constructing Drainage Pumping station in violation of the Circular issued by Director
of Municipal Administration in Na.Ka.No.12843/2022-TP-2 dated 09.11.2023.
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For Petitioner : Mr.T.Lajapathy Roy, Senior counsel,
for Mr.M.Mahaboob Fazil.
For R-1,R-2 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-3 : Mr. Veera Kathiravan,
Additional Advocate General
assisted by,
Mr.S.P.Maharajan Standing counsel.
***
In W.P.(MD)No.28121 of 2024 : -
R.Chellappan ... Petitioner
Vs.
1. The Secretary to Government,
Municipal Administration and Water
Supply Department,
Secretariat, Chennai – 600 009.
2. The Commissioner,
Municipal Administration and
Water Supply Department,
Santhome High Road,
R.A.Puram, Chennai – 600 028.
3. The District Collector, Tirunelveli.
4. The Commissioner,
Tirunelveli Corporation,
Tirunelveli. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents 3 and 4 from putting up a
construction of drainage pumping station or sewage lifting station of any kind in the
land earmarked for public purpose in Kumareson Nagar lay out comprised in
T.S.No. 366 of V.M.Chatram Village, Tirunelveli Corporation and direct the
respondents not to convert or reclassify any land earmarked for public purpose in
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any layout forming part of Kumareson Nagar, Sai Baba Colony, Royal Colony,
Sankar Colony Thaveethuraja Nagar, Sri Ram Nagar of V.M.Chatram Village,
Tirunelveli Corporation.
For Petitioner : Mr.M.Maharaja
For R-1,R-3 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-2 & R-4 : Mr. Veera Kathiravan,
Additional Advocate General
assisted by
Mr.S.P.Maharajan, Standing counsel.
***
In W.P.(MD)No.28450 of 2024 : -
K.Selvanayagam ... Petitioner
Vs.
1. The District Collector,
Tirunelveli,
Tirunelveli District.
2. The Commissioner,
Tirunelveli Corporation,
Tirunelveli District.
3. The Assistant Commissioner,
Palayamkottai Region,
Palayamkottai Regional Office,
Tirunelveli Corporation,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents to shift the proposed sewage pumping
station in T.S.No.80, Ward No.BC, Block 27, Shanthi Nagar, Thimmarajapuram
Village, Palayamkottai Region, Tirunelveli Corporation to any other suitable area.
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For Petitioner : Mr.R.J.Karthick
For R-1 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-2&R-3 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,
Standing counsel.
***
In W.P.(MD)No.30318 of 2024 : -
T.Arul Duraisamy ... Petitioner
Vs.
1. The Commissioner,
Tirunelveli City Municipal Corporation,
Tirunelveli District.
2. The District Collector, Tirunelveli District.
3. The Deputy Director of Town and
Country Planning Authority,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, restraining the respondents from proceeding with the
construction of a sewage pumping station and sewage lifting station in the plot
located in Survey No.723/2 Rahmath Nagar, Palayamkottai Tirunelveli District and
direct the respondents to consider the alternate site in Survey No.6/1,
V.M.Chattaram Village for the proposed construction.
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For Petitioner : Mr.S.C.Herold Singh
For R-2 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader
For R-1&R-3 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,Standing counsel.
***
In W.P.(MD)No.30246 of 2024 : -
Sundaramuniswaran ... Petitioner
Vs.
1. The Commissioner of Corporation,
Tirunelveli City Municipal Corporation,
Tirunelveli District.
2. The District Collector,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents to shift the Sullage drainage Pumping
Station which is proposed to be erected in Ward 4, Pottal Village, Thatchai Zone
Tirunelveli Corporation limit, Tirunelveli District to some other place.
For Petitioner : Mr.KA.Raamakrishnan
For R-2 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-1 : Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan, Standing counsel.
***
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In W.P.(MD)No.30325 of 2024: -
V.Sankaralingam ... Petitioner
Vs.
1. The District Collector,
Tirunelveli, Tirunelveli District.
2. The Commissioner,
Tirunelveli Corporation,
Tirunelveli District.
3. The Assistant Commissioner,
Melapalayam Zone,
Tirunelveli Corporation,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents from converting the Park (Open
Space Reservation) in Survey Number 1033 (Part) measuring to an extent of 26593
Sq.Ft. at Tamirapathy Colony, Thiyagaraja Nagar, Kulavanigarpuram Village,
Palayamkottai, Tirunelveli for the purpose of Constructing Sewage Pumping Station.
For Petitioner : Mr.R.J.Karthick
For R-1 : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.R.A.Ramachandran,
Additional Government Pleader.
For R-2&R-3 : Mr. Veera Kathiravan,
Additional Advocate General,
assisted by Mr.S.P.Maharajan,
Standing counsel.
*****
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COMMON ORDER
The writ petitioners herein are residents of Tirunelveli city. They are aggrieved by the proposed move of the respondents to set up sewage pumping stations in the petition-mentioned sites. They are residing nearby. In most of the cases, the sites have been earmarked as OSR lands. In one case, the site is earmarked for constructing a bus station. The petitioners contend that when once a site has been earmarked as OSR land, it should be utilized only for that purpose and no other purpose. If, for instance, the land is to be developed as a park, it cannot be diverted for any other purpose. The petitioners invoke the decision of the Hon'ble Supreme Court reported in (2023) 4 MLJ 353 (SC) [Association of Vasanth Apartments' Owners Vs. V.Gopinath] in support of their contentions. They also rely on the circular bearing Na.Ka.No.12843/202/TP2 dated 09.11.2023 issued by the Commissioner of Municipal Administration, Chennai – 28 in which it has been mandated that the Municipal and Corporation Commissioners should not submit proposals for de-reserving OSR lands for purposes such as laying of roads, solid waste management etc. The learned counsel appearing for the writ petitioners question the very choice of the sites for installing sewage pumping stations in residential areas as arbitrary and as one vitiated by non-application of mind. They argue that the fundamental right of the petitioners to a clean and hygienic environment guaranteed under Article 21 of the Constitution of India has been breached. The land owners lament that the value of their properties would be prejudicially affected if the pumping stations are established in the vicinity. 9/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm )
2.Finding prima facie merit in the contentions of the writ petitioners, orders of interim injunction were granted.
3.This Special Bench comprising us deals with cases relating to protection and restoration of water bodies. We had issued a series of directions in WP(MD)No.18402 of 2018 etc batch to forebear discharge of sewage water into river Tamirabarani. When the case was posted under the caption “for compliance” last month, the authorities submitted that on account of interim orders granted in these writ petitions, the directions earlier given by us could not be complied with. We, therefore, directed the Registry to place the papers before the Hon'ble Administrative Judge to consider posting these writ petitions before this bench. After obtaining suitable orders, these writ petitions came to be listed before us.
4.The Commissioner, Tirunelveli City Municipal Corporation had filed petitions for vacating the interim orders. According to the respondents, underground sewerage system to Tirunelveli City has been conceived to prevent sewage from entering storm water rains and to conserve Tamirabarani river. Administrative sanction was accorded vide G.O.(Ms)No.5 MAWS Department dated 22.01.2018 at a project cost of Rs.440.19 crores. Technical sanction was accorded on 01.03.2018. The project was awarded to a contractor on 03.12.2018 but on account of slow work progress, the contract was terminated on 08.04.2022. Revised administrative sanction was accorded vide G.O.(4D)No.8 MAWS Department dated 10.03.2023 and a fresh technical sanction was issued on 03.01.2023. The revised 10/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) project cost is Rs.627.67 crores. The project has two phases. It envisages setting up of a number of lifting stations. .
5.It is relevant to note here that vide circular bearing Na.Ka.No. 12843/2022/TP.2 dated 02.04.2025 issued by the Commissioner of Municipal Administration, Chennai – 28, the earlier circular dated 09.11.2023 relied on by the petitioners has been withdrawn.
6.The only question that calls for consideration is whether the lifting stations can be allowed to be constructed in the designated sites. The need and necessity for the underground sewerage project is beyond dispute. At present, there is no proper sewage disposal mechanism. The sewage is let out in open. The septic tanks that have been put up have leakages leading to pollution of groundwater table. Even the lorries that remove the sewage from the septic tanks are notoriously known to dump them in water bodies. This has been going on for the last several decades. Materials enclosed in the typed set of papers by the respondents, particularly in the form of photographs, present a very sorry state of affairs. We may incidentally add that we had personally inspected river Tamirabarani and seen things first hand. The situation is alarming and if necessary steps to check pollution are not taken now, river Tamirabarani which is one of the five great rivers of Tamil Nadu, would soon turn into gutter. It is submitted that UGD scheme is the only scientific solution being the safest method for disposal of sewage.
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7.A similar issue came up for consideration in Jothipark Lands Residents Welfare Association Vs. The Corporation of Coimbatore (W.P.No.14088 of 2024). Vide order dated 04.10.2024, the learned Judge dismissed the writ petition. The learned Judge held that the land gifted in favour of the local body for the purpose of open space reserved area (park) can be utilized for the purpose of putting up sewage lifting station under UGD scheme. The learned Judge noted that the Full Bench of the Madras High Court in P.Karthikeyan Vs. The Commissioner, Coimbatore Corporation (W.A.No.4078 of 2019) had held that any prohibition contemplated in the statutory rules and regulations under the planning laws would not apply to the implementation of the concept of solid waste management as envisaged in the SWM Rules, 2016. The Hon'ble Full Bench held that SWM Rules, 2016 framed under the Environment Protection Act, 1986 which is a central enactment would prevail over the State laws to the extent of implementation of the policies outlined towards solid waste management. It was laid down that implementation of SWM Rules, 2016 fall within the “permissible deviation” in larger public interest even in terms of the Tamil Nadu Town and Country Planning Act, 1971 read with the Development Control Rules framed thereunder. A remark was also made therein that the decisions of the Hon'ble Supreme Court and all other decisions did not have opportunity to consider the visionary concept of SWM Rules, 2016.
8.We feel tempted to endorse the above decision and dismiss the present batch of writ petitions on the same lines. In fact, the learned Additional Advocate 12/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) Generals appearing for the respondents argued that while in Vasanth Apartments' case, the Hon'ble Supreme Court was concerned only with Rule 19 of the Development Control Rules, the case on hand involves application of Tamil Nadu Combined Development and Building Rules, 2019 and that therefore, we should go by the Full Bench decision in Karthikeyan's case. However, we feel hesitant. What is running in our minds is echoed in the following editorial note appended to the head notes in Vasanth Apartments' case :-
“[In P.Karthikeyan v. Commissioner, Comibatore Corporation, 2021 SCC Online Mad 5488, a Full Bench of the Madras High Court had taken the view that a portion of a part etc set apart as OSR Can be utilised for the purposes of a dumping yard / setting up of waste disposal plants as that would be a permissible deviation in larger public interest. However, in paragraph 178(VI) of this judgment (which is also a case from Tamil Nadu), the Supreme Court has clearly and unequivocally directed “that no area meant for OSR shall be utilized as dumping yards or any other purpose other than as OSR”. The decision of the Full Bench is clearly inconsistent with the aforesaid observations of the Supreme Court and is resultantly on vulnerable ground warranting a re-look in the near future – Deputy Editor.]”
9.We wish the elaborate and erudite decision of the Hon'ble Full Bench authored by His Lordship Mr.Justice V.Parthiban had been cited before the Hon'ble Supreme Court in Vasanth Apartments' case. Unfortunately, the attention of the Hon'ble Supreme Court was not drawn to the interplay between the Solid Waste Management Rules issued under a Central enactment and the Rules and Regulations issued under the Tamil Nadu Town and Country Planning Act. But the fact remains that the Hon'ble Supreme Court categorically held that the areas 13/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) covered by OSR cannot be diverted for any other purpose and that it cannot be utilized as dumping yards. That is why, subsequently, when a similar issue cropped up before another Hon'ble Division Bench, it vide order dated 26.09.2023 in W.A.No.3914 of 2019 (Merene Alex Vs. The Government of Tamil Nadu) did not follow the Full Bench in Karthikeyan's case but went by the ratio laid down in Vasanth Apartments' case.
10.After some deliberation, it struck us that the key to the problem on hand can be found in Vasanth Apartments' case itself. The Hon'ble Supreme Court had declared that the authorities are duty bound to ensure that the area set apart as OSR is stringently utilized only for the purpose set out in the Rules / Regulations. Now, let us turn to the applicable Rules ie., Tamil Nadu Combined Development and Building Rules, 2019. Rule 41 of the said Rules deals with reservation of land for community recreational purposes in certain developments. Rule 41(8) states that rain water harvesting water tanks and STP may be permitted below the OSR. Rule 47 deals with layout and sub-division rules. Rule 47(6)(e) states that rain water harvesting water tanks and STP may be permitted below the OSR. In the case on hand also, the authorities have clarified that the pumping / lifting stations would be put up only below the OSR lands. Thus, the manner of utilization of the OSR land would be in strict consonance with the relevant rules as mandated by the Hon'ble Supreme Court. The proposed action of the respondents in implementing the UGD scheme would not fall foul of the direction issued in Vasanth Apartments case.
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11.Coming to the individual facts, the following table would speak for itself :
Writ Total Required Remarks offered by the authorities Petition extent extent/ number of OSR percentage land 30246/ 1081 50 Sq.m / (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 4.62% construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii)As per revenue records and Town Survey Land resigister, this land is classified as Manure pit.
(iii)The Structure will be constructed only 4.62% of the land availability & If necessary, the structure shall be constructed below the Ground level.
19966/ 5520 100 Sq.m (i)The earmarked land is technically suitable and feasible for the 2021 Sq.m 1.81% construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii)The land in survey no 20 is technically not suitable for the construction of lifting station.
(iii) Kumaran Colony is the part of Aachimadam and the drainage area of this lifting station includes Achimadam, Jhansi Rani Nagar (Petitioner's Residential Nagar), Srinivasan nagar, Kumaran Colony, Santhini Nagar, Jayanthi Nagar, ICA Colony, Sairam Nagar, Kamatchi Nagar, Backiyaraj Nagar, Arokiyamadhapuram, Muthalaly Nagar and other surrounding areas.
(iv)As per revenue records and town survey land register, the land is classified as vacant land.
(v)The Structure will be constructed only 1.81% of the land availability & If necessary, the structure shall be constructed below the Ground level.
15/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 28121/ 1487 50 Sq.m (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 3.36% construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii) As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(iii)As per Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No. 08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iv)As per revenue records and town survey land register, the land is classified as vacant land for the usage of Public purpose.
(v)The Structure will be constructed only 3.36% of the land availability & If necessary, the structure shall be constructed below the Ground level.
16/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 21148/ 3641 100 Sq.m (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 2.74% construction of lifting station. As per revenue records and Town Survey Land Register,the land is classified as Bus Station.
(ii) As per revenue records and Town Survey Land regesiter, the alternate land Sivanadiyarkulam is water bodies.So, that land is technically not suitable for the construction of lifting station.
(iii)As per Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No. 08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iv)As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(v)The Structure will be constructed only 2.74% of the land availability & If necessary, the structure shall be constructed below the Ground level.
17/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 30318/ 3641 100 Sq.m (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 2.74% construction of lifting station. As per revenue records and Town Survey Land Register,the land is classified as Bus Station.
(ii) As per revenue records and Town Survey Land regesiter, the alternate land Sivanadiyarkulam is water bodies. So, that land is technically not suitable for the construction of lifting station.
(iii)As per Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No.08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iv)As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(v)The Structure will be constructed only 2.74% of the land availability & If necessary, the structure shall be constructed below the Ground level.
18/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 28450/ 1024 50 Sq.m (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 4.88% construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii)As per Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No. 08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iii)As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(iv)As per revenue records and town survey land register, the land is classified as children's play field.
(v)The Structure will be constructed only 4.88% of the land availability & If necessary, the structure shall be constructed below the Ground level.
19/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 27569/ 2802 100 Sq.m (i)The earmarked land is technically suitable and feasible for the 2024 Sq.m 3.56% construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii) As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(iii)As per the Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No. 08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iv)As per revenue records and town survey land register ,the land is classified as vacant land.
(v)The Structure will be constructed only 3.56% of the land availability & If necessary, the structure shall be constructed below the Ground level.
20/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) 30325/20 1493 70 Sq.m (i)The earmarked land land is technically suitable and feasible for 24 Sq.m 4.68%. the construction of lifting station. It will not cause any sewage spillage and thus negating pollution with the environment either land or water nor to the nearby residents and it is the best possible solution for a healthy environment.
(ii)As per Tamil Nadu Combined Development and Building Rules, 2019, rule no. 41. Reservation of land for community recreational purpose in certain developments, Sl.No. 08 states that “Rainwater harvesting water tanks and STP may be permitted below the OSR.
(iii) As per the Director of Municipal Administration circular No 12843/2022/TP-2 dated 02.04.2025, the OSR land can be used in accordance with the Act and regulations, a small part of the Park or OSR land is permitted to be used as a sewage lifting station or solid waste management as defined in the solid waste management rule 2016, if it falls within the ambit of the Tamilnadu Town and Country Planning Act and the rules thereunder.
(iv)As per revenue records and town survey land register, the land is classified as park.
(v)The Structure will be constructed only 4.68% of the land availability & If necessary, the structure shall be constructed below the Ground level.
12.We are satisfied that the impugned project would involve utilisation of a very small percentage of the OSR land and that too only in conformity with the purpose set out in the statutory rules. Since the lifting stations would come up below the ground level, the land earmarked as OSR area will continue to retain its original character. The authorities have carried out a feasibility report. The topography of the Tirunelveli City has been taken into account while choosing the sites. These are matters that are best decided by the civil engineers. The court lacks the expertise to make suggestions or even question the choice of the sites. The authorities have to take into account several aspects such as alignment. As on 21/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) date, 27 pumping stations have already been installed. On account of the interim orders granted in these writ petitions, the remaining seven could not be set up. It has been undertaken before us that the proposed lifting stations have been designed by taking into account the safety and sustainability aspects. The Commissioner, Tirunelveli Corporation is present in person before us. He undertakes that the following measures will be carried out :
a) the automatic odour control units shall be installed in lifting stations located in residential areas ; the odour control units eliminate the emission of H2S (Hydrogen Sulfide), NH3 (Ammonia), CH4 (Methane) and volatile organic compounds ;
b) decanting facility for STP site to avoid seepage water entering into the lifting station will be provided ;
c) operation and maintenance will be carried out regularly.
It is further undertaken that no further blasting operations in residential areas would be carried out even if the terrain is rocky. If on account of the blasting already done, any damage has occurred, it would be open to the aggrieved individuals to file miscellaneous petitions in these proceedings for redressal of any grievance.
13.It is further undertaken by the authorities that when the lifting stations become functional, their operations will be entirely odour free. In other words, they will not pose any nuisance to the residents in the vicinity. We direct the local body to 22/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) ensure that the functioning of the lifting stations is conducted in such a manner that it does not pose any health hazard or nuisance to the residents of the locality. To this effect, we issue a continuing mandamus.
14.We mandate that the above undertaking shall be honored in letter and spirit. The project itself has been conceived in larger public interest. Once the project is successfully completed, it will considerably check the pollution caused to the river Tamirabarani. That in turn would enhance the quality of the environment. The Hon'ble Supreme Court only forbade the use of OSR land as a dumping yard. If the lifting stations were to come up on the OSR land, that would run counter to the direction in Vasanth Apartments case. But in the case on hand, the lifting stations are going to be set up below the ground level. Therefore, the OSR land will continue to be available for OSR purposes.
15.For the reasons mentioned above, the interim orders earlier granted in these proceedings are vacated. The vacate stay petitions filed by the respondents are allowed. The writ petitions are dismissed. No costs. Connected miscellaneous petitions are closed.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.)
15th April 2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
23/23
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm )
To:
1. The District Collector, Tirunelveli District.
2. The Commissioner of Municipal Administration, Ezhilagam, Annex VI Floor, Chepakam, Chennai – 5.
3. The Commissioner, Tirunelveli Municipality Corporation, Tirunelveli.
4. The Executive Officer, Tirunelveli Metropolitan Water Supply and Sewage Board, Palayamkottai, Tirunelveli City.
5. The Tahsildar, Palayamkottai, irunelveli District.
6. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai – 600 009.
24/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm ) G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)Nos.19966 of 2021, 21148, 27569, 28121, 28450 , 30246, 30318, & 30325 of 2024 and W.M.P.(MD)Nos.16663 of 2021, 17907, 18947, 23380, 23854, 24157, 25177, 25453 & 25505, 25509 of 2024 & 589, 590, 603 and 2190 of 2025 15.04.2025 25/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:27:48 pm )