K KRISHNAN Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners seek a Writ of Mandamus directing the respondents 1, 3 and 4 to prohibit the 2nd respondent from excavating the Earth for the purpose of laying pipe line from the Chennai Harbour to the refinery of the 2nd respondent situate at Manali, except in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971.

(2.) The 2nd respondent is a Public Sector undertaking and has its Oil Refinery at Manali, which is situate at the distance of about 15 kms from the Chennai Port. There is an existing pipe line, which runs through thickly populated areas of the City, laid in the late 60's for carrying crude oil from Chennai Port to the refinery of the Chennai Petroleum Corporation Limited, viz. the 2nd respondent. Since a need was felt for laying a new pipe line with a larger capacity and also using the modern technology that is available the 2nd respondent Corporation proposed to lay a new pipe line for a total length of about 16.9 kms from Chennai Port to the Refinery of the 2nd respondent situate in Manali Town. The new pipe line which is now being laid passes along the seashore on the service road of Express High Way for a distance about 5.9 kms and thereafter goes inland to the refinery of the 2nd respondent Corporation.

(3.) The Petitioners who claim to be public spirited individuals have come forward with this Writ Petition on the ground that the work of laying a pipe line by excavating the land to a depth of about 30 feet, amounts to development as defined under the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as "the 1971 Act"), and since the 2nd respondent has not obtained the permission from the 1st respondent as required under the 1971 Act, the 2nd respondent is not entitled to proceed with the work. According to the petitioners, the work of excavating the Earth and laying a pipe line would amount to a "development" within the meaning of Sub Section 13 of Section 2 of the 1971 Act, therefore the 2nd respondent is prohibited from carrying out the said work without permission of the appropriate Planning Authority namely the 1st respondent in view of Sections 48 and 49 of the 1971 Act.