(Order of the Court was made by M.CHOCKALINGAM, J.) This public interest litigation is brought forth by one Seshagiri Rao, who is the Joint Secretary of the petitioner's association, seeking a writ of mandamus to direct the respondents to construct a permanent bus terminus at TNHB Colony, Korattur, in Plot Nos.1113 and 1113A as per the scheme in drawing No.TNHB/CP No.78 Tamilnadu Housing Board Colony, based on an initial approval made by the CMDA the third respondent herein in layout PPP No.64/76-RS No.1040, Korattur Village, as earmarked forthwith alleging that he is a resident of the TNHB Colony, Korattur; that for the development of the said colony, the respondents have chosen to earmark certain areas for public purpose; that one such area has been earmarked measuring 4.625 grounds to accommodate a primary school now being used as bus stand; that the petitioner came to know that the respondents have chosen to reclassify the proposed bus terminus into a primary school so as to develop and sell the prime locality for illegal enrichment; that a communication was addressed to the respondents asking about the information; but, the information was not properly given, and they were very vague.
2.It is also further averred that by the proceedings, it has been replied that plot No.1113 of Korattur Neighbourhood Scheme was said to have been allotted to Ambattur Municipality, and a portion has been reserved for the commercial purposes; but, the specific query who was the actual owner of the land has not been answered; that the proposal for the conversion for commercial purpose has been sent virtually throwing into bin the avowed object of the TNHB; and that the Municipality has also passed an unanimous resolution wherein it is specifically agreed and resolved for the allocation of the funds for the development of the bus depot with all necessary amenities.
3.It is also the further case of the petitioner that they are aggrieved against the arbitrary act of the respondents making deviation from the resolution already passed by the municipality, and in such circumstances, it becomes necessary to issue directions to the respondents by way of a writ of mandamus to construct a permanent bus terminus in TNHB Colony, Korattur, in plot Nos.1113 and 1113A as per the scheme in drawing No.TNHB/CP No.78 Tamilnadu Housing Board Colony.
4.A counter affidavit was filed by the fourth respondent municipality. It is specifically averred by the fourth respondent that the petition itself is misconceived; that the petitioner seeks a direction to construct a bus terminus at TNHB Colony, Korattur, in Plot Nos.1113 and 1113A as per the scheme referred to in the petition; and that the allegation that the layout PPP No.64/76-RS No.1040, Korattur Village, has been earmarked for bus stand was false and frivolous. It is further stated by the fourth respondent that the above plots were originally earmarked for primary school; that as far as the bus stand was concerned, plot No.1155 was earmarked and thus any allegations made contrary cannot but be false.
5.Further it is contended by the fourth respondent that a revised plan has been proposed and placed by the CMDA before the fourth respondent municipality for approval; but, it has not yet been approved; that apart from that, a mistake has crept in while handing over of the site to Ambattur Municipality which was earmarked for bus stand, as one for primary school; that the same is being taken advantage by the petitioner's side; that the plan is also pending approval; that plot No.1155 has been earmarked for bus stand; that under the circumstances, the petitioner's contention that Ambattur Municipality has manipulated against the public interest has got to be rejected, and hence, the relief cannot be granted and the petition was to be dismissed.
6.The Court paid its consideration on the submissions made.
7.The grievance ventilated by the petitioner as could be seen from the submissions made and the averments made in the affidavit is that a permanent bus stand has got to be constructed at TNHB Colony, Korattur, for which purpose a direction has got to be given to the respondents. It is specifically stated that the bus stand has got to be constructed in the plots namely 1113 and 1113A as if they were earmarked as per the scheme in drawing No.TNHB/CP No.78 Tamilnadu Housing Board Colony. It could be seen from the counter filed by the fourth respondent that plot Nos.1113 and 1113A were earmarked for the primary school originally. It could also be seen that plot No.1155 has been earmarked for the purpose of bus stand, and while handing over the lands, a mistake has crept in; but, all the records are available to vouch for the fact that what has been earmarked for the bus stand was only plot No.1155 and not plot Nos.1113 and 1113A as put forth by the petitioner's side. In such circumstances, once a particular land has been earmarked for the purpose of a primary school namely plot Nos.1113 and 1113A, now no direction as asked for by the petitioner could be issued to the respondents to construct a permanent bus stand in that land contrary to the earmarking and approval already made.
8.It is also brought to the notice of the Court by the learned Counsel for the fourth respondent municipality that the CMDA has placed its plan for approval before that municipality, and the same is also pending approval. The Housing Board has placed before the CMDA a revised plan for approval, and no steps have yet been taken on that. In such circumstances, the grievance that plot Nos.1113 and 1113A were earmarked for the purpose of a bus stand, and a direction has got to be given had no basis at all. Once it is brought to the notice of the Court that a particular land in plot No.1155 has been earmarked for the purpose of a bus stand, no question of directing the respondents to construct a bus stand in plot Nos.1113 and 1113A which were originally earmarked for the purpose of a primary school, would arise. Hence the request of the petitioner cannot be acceded to, and this petition requires an order of dismissal. Accordingly, this writ petition is dismissed. No costs.
nsv To:
1.The Secretary Municipality and Water Supply Fort St. George Chennai 600 009.
2.The Managing Director Tamilnadu Housing Board No.493 Anna Salai Nandanam, Chennai 600 035.
3.The Managing Director Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore, Chennai 600 008.
4.The Commissioner Ambattur Municipality Ambattur, Chennai