S RAMASAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has come forward with this public interest litigation attributing malafides in the decision of the respondents in constructing a storm water drain canal in contravention of the original plan and seeking to take the drain canal in front of the house of the petitioner and other residents of the colony.

(2.) THE factual matrix is not in dispute. In order to appreciate the controversy, we extract the plan as under:

(3.) THE admitted position is that the storm water drain comes from the red portion which is completed and as per the original plan, it has to come along the yellow portion and merge into the Rainbow Nagar Drain, being the orange portion. The alteration which is now sought to be made is by taking the drain through the green portion and then bringing it down to the blue portion to merge with the Rainbow Nagar Drain.