High Court · 2025

WP No. 38965 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-07-2025CORAMTHE HONOURABLE MRS.JUSTICE N. MALAWP No. 38965 of 2024andWMP No.42203 of 2024Sudharsan Nagar Kudiyirupor Nala SangamRep. by its Authorised Signatory, T.S.Manavalan, No.32, Varadarajan Street, Near Temple City, Orikai, Kanchipuram-631 502.Petitioner(s)Vs1. The CommissionerCommissioner of Municipal Administration, No.78, Municipal Administrative Building, Chennai-282.The Commissioner,Kanchipuram Corporaiton, Kanchipuram.3.The District CollectorKanchipuram.4.Director of Town and Country Planning,Kanchipuram.Respondent(s)1/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024Writ petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, to call the records from the file of the 2nd respondent in Na.Ka.806/2024/E1 and dated 03.12.2024 and quash the same as illegal, arbitrary, unsustainable in law and consequently direct the Respondent 2 and 3 to maintain the lands (Open Space Reservation) of an extent of 9917 sq.feet Sudharsan Nagar in T.S.No.153/1A,Vishnu Kanchi Village, Kanchipuram Taluk and District, earmarked for Parks under Gift Deed dated 18.09.2018 registered as document No.4490 of 2018, in compliance of the Circular issued by 1st respondent in Na.Ka.No.12843/2022/TP-2 and dated 09.11.2023 to ensure healthy environment enshrined in Article 21 of Constitution of India.For Petitioner(s):Mr.AR.M. ArunachalamFor Respondent(s):Mr.M.S.Premkumar, GAfor R1Mr.RA.Gopinath, SCfor R2Mr.V.Manoharan, AGPfor R3 and R4ORDERThe above writ petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the order dated 03.12.2024, of the 2nd respondent and consequently direct the 2nd and 3rd respondent to maintain Open Space Reservation land of an extent of 9,917 sq.ft, at Sudharsan Nagar in Town Survey No.153/1A, Vishnu Kanchi Village, Kanchipuram Taluk and District, as a park and pass such further other orders.2/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 20242. The petitioner is a Resident's Welfare Association and the deponent of the affidavit is a member of the Association. The petitioner states that as per the approved lay out for Sudharshan Nagar, an extent of 9,917 Sq.ft, of land was earmarked as Open Space Reservation (Hereinafter referred to as 'OSR') for park under proceedings of the 4th respondent, issued in proceedings No.Na.Ma.Va.Ka.U.Thi.Ku.No.04(R) / 2018. The petitioner states that the said OSR land of 9,917 Sq.ft earmarked for park, was the only lung space available for the petitioner's colony. The petitioner states that the park was created and gifted by the developer for the benefit of the people residing in the locality. The petitioner further states that it learnt that the 2nd and 3rd respondent proposed to utilise the lands earmarked for parks, for a different purpose (i.e) to construct a drainage pumping station. The petitioner further states that the respondents commenced work for constructing the drainage pumping station by digging huge pits for storage of drainage, in the park. The petitioner states that the aforesaid actions of the respondent were against the circular of the 1st respondent dated 09.11.2023, prohibiting conversion of OSR lands and the law laid down by the Hon'ble Apex Court in its several rulings. The petitioner 3/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024therefore states that, if the constructions of the drainage pumping station is allowed, it would result in health hazard to its members, particularly the elders and that such installation of drainage pumping station may cause pollution affecting the peaceful dwelling of its members. The petitioner therefore filed the above writ petition for the aforesaid relief.3. The respondent filed a counter affidavit and three additional affidavits, wherein it was highlighted that the establishment of the Under Ground Sewerage System (Hereinafter referred to as UGSS) Project was indispensible, being conceived in the larger public interest of public health and sanitation. According to the respondents, the UGSS project directly addresses the issues of collection, pumping, scientific treatment and re-cycle of sewage. The respondents stated that the treated water would be utilised for agriculture at Nathapettai lake, ensuring water sustainability. The respondent further stated that with the financial assistance from the World Bank, the Government of Tamil Nadu, decided to execute the comprehensive UGSS project in Kancheepuram, at a cost of Rs.340.15 Crores. The project envisages a 36 MLD 4/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024Sewage Treatment Plant (STP) employing advanced Sequential Batch Reactor (SBR) technology. It was clarified that the writ petition related only to SPS-6, pumping station at Sudharshan Nagar, Ward No.48. It was contended by the respondent that the site in question was selected after comprehensive hydraulic and gravity flow analysis, and since no alternate land was available in the vicinity, and the subject land satisfied all technical and design requirements, the same was chosen. It was further submitted that construction of three pumping stations were already under progress, and that non-approval of SPS 6 would disrupt the entire UGSS project, affecting sewage management for the newly added areas in Kancheepuram City Municipal corporation. According to the respondent, SPS-5 located upstream, collects sewage from 4.72 sq.km of catchment area, which by gravity flows into SPS-6. SPS 6 inturn collects sewage from an additional 3.87 sq.km and directs the same by gravity into MPS-7 (Kottaikaval), where it is ultimately treated at 36 MLD STP. It was further submitted that implementation of the project will benefit the residents of Kancheepuram, who are presently affected by absence of sewer infrastructure. The respondents contended that the entire UGSS system was designed based on 5/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024gravity flow, and any disruption in SPS-6, would render the upstream and downstream sewerage systems ineffective. Reliance was placed on the judgment of the Madurai Bench of Madras High Court in W.P.(MD).No.16663 of 2021 etc. batch, wherein it was held that larger public interest must prevail over isolated objections, particularly where statutory safeguards, technical justifications and non-availability of alternative sites were established. The respondent also submitted that pollution levels would be reduced pursuant to the project, benefitting not only the petitioner association but also the residents of Kancheepuram, at large. It was thus urged that the project, being of immence public utility, ought not to be interfered with and that the writ petition was liable to be dismissed. 4. Heard both sides and perused the records. 5. Upon hearing the matter, this Court found that the apprehension of the petitioner regarding conversion of OSR land (Park area) to STP had been fully addressed. The respondent clarified that the entire project is under ground, and 6/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024only a pump room measuring 301 sq.ft would be constructed above ground within the OSR land measuring 9,917 sq.ft and the balance area would be maintained as a park space for the benefit of the residents. 6. The respondent further filed an affidavit on 24.07.2025, affirming that only undergound sewage infrastructure would be constructed, without in any manner altering the nature or character of the OSR land earmarked for park. The affidavit of the respondent's dated 24.07.2025, reads as follows:“4. In this regard, we hereby submit that the Sub-Pumping Station (SPS-6) located in Sudharshan Nagar, Ward No. 48, under the Underground Sewerage Scheme (UGSS) being implemented by the 2nd Respondent. This respondent submit and affirms that only underground sewage infrastructure has to be constructed at the site. These underground structures do not affect or alter the designated Open Space Reservation (OSR) land, which is intended for public park use. On the surface level, a small Pump Room of size 7m x 4m (301 sq.ft) has to be constructed over the proposed Under Ground structure for the purpose of pumping of sewage. No other permanent super structures will be build above the ground level.7/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 20245) It is further submitted that a compound wall will be constructed to enclose the entire OSR land measuring 9,917 square feet, inclusive of the proposed park area. Only about 7m x 4m (301 sq.ft) of the OSR land will be used for the construction of the pump room. The remaining shall be preserved, maintained, and, upon completion of the construction activities, will be properly developed and converted into a public park for the benefit and use of the local community. The 2nd Respondent undertakes that the OSR land shall not be altered, repurposed, or diverted for any other use. The footprint of the superstructure has been consciously limited to ensure maximum open space availability and to uphold the public utility of the park land.6) It is further submitted that said Project Timeline and Compliance as per the Agreement Dated 09.09.2024 where Work Commenced on 09.09.2024 and duration of completing the Project would be 3 years. The Project is funded by the World Bank, and all construction activities are being carried out in compliance with World Bank safety norms and environmental safeguard guidelines.7) We respectfully submit this affidavit to affirm that our commitment to public welfare, legal compliance, and sustainable infrastructure development in accordance with urban planning norms and safety standards.”8/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 20247. The petitioner in reply to the above filed an affidavit on 25.07.2025, stating as follows:“3. I state that counter affidavits, additional counter affidavits was filed by the respondent and pointed out to the precedents followed by this Hon'ble Courts, wherein it had been specifically undertaken by the respective respondents that they shall not chage the nature and character of the lands and every of the project related works shall be undertaken beneath the OSR Lands.4. Following in tandom to such practise and measures followed and undertaken by the respondent, we have also been circulated with the affidavit of undertaking dated 24.7.2025 executed by the 2nd respondent, wherein they have expressly admitted and confirmed that construction of such Sub-Pumping station shall be only beneath the OSR lands and it shall not affect the nature and utility of the entire OSR Lands.5. Equally they have stated that they shall construct an Overhead Pump Room 7m * 4m on the OSR Lands measuring 9917 sq.ft.6. In this regard, I request that such extent of lands 7*4m shall be used by the respondent for their respective purposes of i. sewerage pumping room, as well as ii. Garden Motor pumpset room.”9/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 20248. Having considered the rival submissions, this Court finds that the respondents have affirmed, by way of affidavit's that the entire UGSS project is an underground scheme and that only a Pump room measuring 7m x 4m (301 sq.ft) would be constructed within the OSR land measuring 9,917 Sq.ft. The remaining extent of the OSR land shall be maintained as park space for the benefit of the petitioner Association and the local residents. The respondents have further affirmed that the nature and character of the OSR land shall not be altered, diverted or repurposed, and that upon completion of the construction, the site shall be properly developed into a park. The petitioner's on their part have accepted the said affirmations.9. In view of the categorical assurance given by the respondents, this Court is of the opinion that the apprehension expressed by the petitioner stand allayed. The project being one of public importance and beneficial to the residents of Kancheepuram, no interference is warranted at this stage.10/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024Accordingly, the writ petition stands dispose of, recording the affidavits filed by the parties. Both the petitioner as well as the respondents are directed to strictly comply with the terms of the respective affidavits. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.dsn25-07-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.The Commissioner,Commissioner of Municipal Administration, No.78, Municipal Administrative Building, Chennai-600 028.2.The Commissioner,Kanchipuram Corporation,Kanchipuram.3.The District Collector,Kanchipuram.4.The Director of Town and Country Planning,Kanchipuram.11/12 https://www.mhc.tn.gov.in/judis WP No. 38965 of 2024N.MALA J. dsnWP No. 38965 of 2024 25-07-202512/12