Madras High Court
The Managing Director vs Trellis South Flat Owners Welfare ... on 7 July, 2023
WA No.1027 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No.1027 of 2023
1.The Managing Director
CMRL, CMRL Depot
Poonamallee High Road
Koyambedu, Chennai 600 107
2.The Director (Projects)
CMRL, CMRL Depot
Poonamallee High Road
Koyambedu, Chennai 600 107
3,The Chief General Manager (Project Planning and Design)
CMRL, CMRL Depot,
Poonamallee High Road
Koyambedu, Chennai 600 107
4.The General Manager (Construction)
CMRL, CMRL Depot,
Poonamallee High Road
Koyambedu, Chennai 600 107
5.The Land Acquisition Officer
and Revenue Divisional officer
CMRL, CMRL Depot,
Poonamallee High Road
Koyambedu, Chennai 600 107 .. Appellants
versus
Page 1 of 6
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WA No.1027 of 2023
Trellis South Flat Owners Welfare Association
(TSFOWA) Rep. by its President
No.184, Arcot Road, Vadapalani,
(near Vadapalani Metro Station)
Chennai. ... Respondent
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 27.03.2023 in WP.No.17008 of 2022,
For the Appellants :: Mr.P.S.Raman,
Senior Counsel,
for Ms.Rita Chandrasekar
For the Respondent :: Mr.R.Karunakaran,
for the respondent
Mr.Chevanan Mohan,
Amicus Curiae
JUDGMENT
(Made by the Hon'ble Chief Justice)
We have heard Mr.P.S.Raman, learned Senior Counsel for the
appellants, Mr.R.Karunakaran, learned counsel for the respondent, and
Mr.Chevanan Mohan, learned Amicus Curiae.
2. The present appeal is filed by the CMRL, assailing the
committee formed by the learned Single Judge in WP No.17008 of
2022, under order dated 27.03.2023.
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WA No.1027 of 2023
3. The writ petition was filed by the present respondent seeking
directions against the appellants to let off the open space reservation
in the lands comprised in TS Nos.5/21, 5/27 and 5/28 to an extent of
16786 sq.ft., 2625 sq.ft. and 10.76 sq.ft. respectively. Abutting the
Trellis Apartments, situate at No.184, Arcot Road, Vadapalani (Near
Vadapalani Metro Station), Chennai.
4. During the course of hearing, the learned Single Judge formed
the committee, considering the welfare of the residents and
development of the State.
5. The constitution of the committee is as under:
“i) Mr. Chevannan Mohan, Amicus Curiae appointed
by this Court;
ii) The Member Secretary, Chennai Metropolitan
Development Authority, Chennai;
iii) Mr.P.Immanuel, Joint Director of
Horticulture/General Manager, O/o Managing
Director, TANHODA, Chennai – 5;
iv) Dr.Rajeev K.Srivastava, IFS, Chief Advisor
Environmental – CMRL; and
v) Mr. S.Sivakumar, President, Shenoy Nagar Welfare
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WA No.1027 of 2023
Association, No.10.19, Third Cross Street, East
Shenoy Nagar, Chennai 600 030.”
6. It is the contention of Mr.P.S.Raman, learned Senior Counsel
for the appellants, that already District Green Committee and State
Green Committee are operating. They are constituted on the orders of
Division Bench of this Court. Necessary Government order was also
issued, earmarking the constitution of the said committee with its
members. The appellants are answerable to them and are functioning
as per their directions. However, again constituting another committee
was not required.
7. Probably, it is with a view to streamline the construction
activity and to protect the environment, the learned Single Judge
thought it fit to form a committee.
8. It needs to be considered that there are two committees
already in operation. The State Green Committee is constituted for
policy decision. The District Green Committee is to look after the
affairs as detailed in the order constituting the committee. They are
constituted on the orders of Division Bench of this Court.
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WA No.1027 of 2023
9. If there are more committees, it may result in a chaotic
situation. When under the Government Order, two committees are
already functioning, which also include the expert members of the civil
society groups and the forest officer, there was no necessity to again
form another committee.
10. In the result, we modify the order of the learned Single
Judge, dated 27.03.203 to the extent that the committee constituted
by the learned Single Judge in the said writ petition shall function to
the extent of Shenoy Nagar park, as an advisory committee, to
oversee its restoration.
11. As far as the directions across the State is concerned, the
District Green Committee and State Green Committee shall operate.
With this clarification, the writ appeal is disposed of. There will be no
order as to costs. Consequently, CMP No.10254 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
07.07.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
https://www.mhc.tn.gov.in/judis
WA No.1027 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(tar)
WA No.1027 of 2023
07.07.2023
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