SHOZHANGANALLUR PHASE I AND PHASE II TNHB AFFECTED RESIDENTS WELFARE ASSOCIATION Vs. SHOZHANGANALLUR TOWNSHIP PANCHAYAT UNION

JUDGEMENT

(1.) This is a public interest litigation filed by the Shozhanganallur Phase I and Phase II Tamil Nadu Housing Board affected Residents Welfare Association. The third respondent promoted a satellite township at Shozhanganallur with developed housing plan in three places. According to the petitioner, while doing so, they encroached upon several water bodies, which resulted in the deprivation of water sources like ponds, lakes, reservoirs etc. The unplanned development of plots would lead to reduced ground water table and salination of the existing good quality. They sent a representation to the Member Secretary, C.M.D.A., and others. They also participated in the public meeting conducted by the Kancheepuram District Shozhanganallur Panchayat Union on 6.09.2007 and prayed for protection of water bodies. According to them, the water bodies were permitted by Shozhanganallur Town Panchayat Union to be taken over by the Tamil Nadu Hosuing Board for development of housing plots, vide resolution No. 150 dated 30.05.2007. According to them, the resolution does not relate to water bodies and declaring them as empty lands is false. Therefore, they prayed for mandamus to protect the water bodies at Shozhanganallur bearing survey Nos. 290, 292, 393, 605/1 and 315. According to them, already some water bodies have been filled up by the Tamil Nadu Housing Board and sold as plots.

(2.) The learned Counsel appearing for the petitioner submitted that as on date, possession has not been given and since they are residents in the nearby area, they know that the entire place becomes waterlogged in rainy season and it is neither in public interest nor in the interest of the residents, to allow the scheme to be implemented.

(3.) A counter affidavit was filed on behalf of the Housing Board, where it was stated that the Tamil Nadu Housing Board did not utilise the water bodies like ponds, reservoirs etc., and that the Government lands, which are lying vacant, have been utilised for this scheme. This counter affidavit was filed on 04.03.2008. Therefore, we directed the third respondent, Managing Director of TNHB to file an affidavit, since the earlier counter was filed only by the Chief Revenue Officer, Tamil Nadu Housing Board. We made it clear that the third respondent should address himself on the specific allegation regarding acquisition of water bodies. In this counter, the third respondent had stated that out of the five survey numbers, for which the relief is sought for, only survey No. 290, 292 and 315 are covered by the Shozhanganallur Phase II Scheme and survey No. 393 is covered by Shozhanganallur Phase III Scheme. According to him, for the Shozhanganallur Phase II Scheme, various patta lands have been acquired after passing of award and the lands vest with the Tamil Nadu Housing Board and that the water logging is seen only here and there during the rainy season and therefore, the allegation that the entire area may get waterlogged may not be correct. According to the third respondent survey Nos. 290, 292 and 315, which have been classified as Kulam, Kulam and Kuttai respectively are essentially required by the Tamil Nadu Housing Board, keeping in mind the demand for housing for the public. As regards survey No. 393 which is in an extent of 72 cents only, it was stated that the scheme has already been implemented by the Tamil Nadu Housing Board and the right over the said land is now vested with the allottees.