SUSETHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This probono publico has been filed by the petitioner, a resident of Thoraipakkam and one of the Ward Members of Okkiam Thoraipakkam, praying to forbear the respondents/authorities from carrying out any reclamation and/or construction activity in Survey No.403/2,3,4,5,6 at Okkiam Thoraipakkam Village and restore the land in S.No.403/2,3,4,5,6 to its earlier state.

(2.) The Government of Tamil Nadu has issued orders in G.O.(Ms) No.424, Revenue Department, dated 4.7.2006, alienating a total extent of 7.95.5 hectares of land in Okkiam Thoraipakkam village, Tambaram Taluk to Tamil Nadu Slum Clearance Board for construction of tenements for the Tsunami affected people and other slum dwellers who are evacuated from slums. The Tamil Nadu Slum Clearance Board/the 5th respondent herein has invited sealed tenders by its notice dated 21.10.2008 for construction of further residential flats in the area and irked at the said move of the State and its organs, the petitioner has come forward to file this petition as a probono publico.

(3.) The case of the petitioner, in a nutshell, is that the Okkiam Thoraipakkam village, comprising of an extent of about 1494 acres is situated on the peripheral area of South Chennai and is a part of the Velachery-Pallikarani swamp, the catchment area of which contains as many as 90 water bodies; that apart from being a source of copious surface water and recharging the groundwater acquifers of the area, the swamp serves another important function of that of a flood plain; that during the monsoon, the entire run off from the area, now interspersed with innumerable habitations, enters Pallikaranai from Velachery in the North and from Kumili and Sonur in the South and all this water finally passes through Oggiammadavu and flows through South Buckingham Canal and enters the Kovalam Estuary.