WATER BODIES AND ENVIRONMENT PROTECTION WELFARE SANGAM, SELAIYUR, REP. BY ITS SECRETARY E. BALAJI Vs. THE COMMISSIONER, TAMBARAM MUNICIPALITY, TAMBARAM & OTHERS

JUDGEMENT

(1.) THIS writ appeal has been filed against the order passed by a learned single Judge of this Court in Writ Petition No.29217 of 2010.

(2.) THE appellant -Association filed the writ petition for a direction to forbear the respondents from constructing a pumping station in the play ground of Selaiyur Municipal Higher Secondary School comprised in S. Nos.84/B1 and 84/B3 of Selaiyur Village, Tambaram Taluk, Kancheepuram District on the ground that the decision of the authorities to construct a pumping station in an area earmarked as park and playground will affect the right of the children to have a proper playground, as the land in which the pumping station was proposed would encroach upon the schools land, thus eating into the space meant for the playground. It was contended that the Selaiyur Municipal Higher Secondary School was constructed only in an area of 3.22 acres, as opposed to the minimum required extent of six acres of land for housing a school and if even further area is acquired for the purpose of putting up the pumping station, it will affect the right of the school children to have a proper playground. It was further contended that the construction of the pumping station was being contemplated without obtaining proper consent from the Government and if permitted, it would affect the inhabitants of the entire area in question.

(3.) THE respondents opposed the writ petition by filing a counter affidavit stating that the land in S.No.84/B/1 measuring an extent of 3.22 acres is a Mandhaiveli Promboke and the immediate adjacent area as well as the adjoining area can be included in the underground drainage system only if a pumping station is established in the said place. The third respondent, after conducting a thorough investigation as to the feasibility and other factors, selected an extent of 900 sq. mts. from out of the site in question for locating the pumping station, which is only 7% of the total area. As regards the grievance that the pumping station would be a nuisance to the inhabitants, it was contended that the station was meant for catering to the needs of the fastest growing suburb of Chennai city, viz. the Tambaram Municipality, as it would be useful for conveying the sewage from the area and that it would not be used as a storage point. It was submitted that there would be no discharge of effluent from the pumping station, nor would there by infiltration of the sewage into the ground water, thereby contaminating the ground water in the area. Insofar as the contention that no permission was obtained for putting up the pumping station was concerned, it was pointed out that the Selaiyur Municipal Council had, in its meeting held on 6.12.201, resolved that out of the 3.22 acres of available land, apart from the area allocated for the purpose of forming the road and the canal, in the remaining extent of 2.78 acres, 900 sq.mts. of land would be allocated for putting up the pumping station. Pursuant to the aforesaid resolution, the District Collector had also recommended the proposal for putting up the pumping station in the area in question. So far as protection of the playground meant for the school students and the park used by the general public, it was submitted by the respondents that they have taken adequate steps to construct a compound wall for securing the place. It was further submitted that the proposal has already been sent to the Government for its approval and the pumping station for implementation of the underground sewerage scheme would be constructed only after obtaining necessary permission from the Government and the authorities concerned.