S VENKATESAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) BOTH the Writ Petitions are filed under Article 226 of Constitution of India praying to issue a writ of declaration to declare the resolution of the 3rd respondent dated 13.6.2006 in the emergency meeting held on 13.6.2006 to establish the new bus stand in the Tindivanam Ery land (Survey Nos.33/4 and 36/5) as illegal, arbitrary and contrary to Environmental law declared by the Honourable Supreme Court and consequently direct the respondents to implement G.O.Ms.No.136 dated 15.9.2006.M.P.No.2 of 2006 in W.P.No.19388 of 2006 is filed praying to implead the petitioners as the proposed respondents 4 and 5 in W.P.No.19388 of 2006.M.P.No.1 of 2008 in both the W.P.No.19388 of 2006 and W.P.No.7243 of 2007 is filed praying to implead the petitioner as the proposed 4th respondent in both the W.P.Nos.19388 of 2006 and 7243 of 2007.Common JudgmentR. Sudhakar, J.The Writ Petitions are filed in public interest to issue a writ of declaration to declare the resolution of the 3rd respondent dated 13.6.2006 in the emergency meeting held on 13.6.2006 to establish the new bus stand in the Tindivanam Ery land (Survey Nos.33/4 and 36/5) as illegal, arbitrary and contrary to Environmental law declared by the Honourable Supreme Court and consequently direct the respondents to implement G.O.Ms.No.136 dated 15.9.2006.

(2.) IN both the writ petitions the facts and the relief sought for are similar. Hence, both the writ petitions are taken together and disposed of by this common order.

(3.) IN the additional common counter-affidavit dated 13.11.2008, filed by one Mr.N.Ravichandran, the present Commissioner, Tindivanam Municipality, the third respondent in W.P.Nos.19388 of 2006 and 7243 and 2007, it is stated as follows:-(i) The relief claimed in the writ petition is for redressel of private and political dispute and not in public interest. It is incorrect to state that the Municipality has passed a resolution in the emergency meeting held on 13.6.2006 to establish a new bus stand in the Tindivanam Ery land. All procedures have been scrupulously followed for purchase of the land. After inspection, the District Collector vide his letter dated 6.11.1991 had stated that the existing bus stand is not sufficient to cope-up with the vehicular traffic and the same has to be relocated from its existing place for the following two reasons, viz.,(a) the place has become highly congested and(b) the road from NH 45 is very narrow and precarious. On 14.11.1991, the Municipality had sent a requisition to the District Collector for the alienation of the land for the purpose of relocating bus stand. On 27.11.1991, in Resolution No.400 of Tindivanam Municipal Council sought alienation of land and permission to enter upon the Ery land. (ii) On 20.10.1994, the Municipal Commissioner sent a proposal to the District Collector, Villupuram for getting a suitable land to locate the new bus stand. On 29.3.1995, the District Revenue Officer, Villupuram sent to a letter to the Municipality suggesting acquiring some other sites so as to avoid selection of water bodies for development work. On 7.3.1997 by resolution No.612, the Tindivanam Municipal Council reiterated its stand on the selection of Tindivanam Ery and stated that there is no other suitable land available within the town for the construction of bus stand and the same was communicated to the District Revenue Officer, vide letter dated 12.3.1997. Thereafter, A1 notice (under R.S.O.No.24) was issued on 13.8.1997 calling for objections within 15 days from the date of publication. Due publication was caused and informed in the locality by the beating of Tom Tom.(iii) On 16.9.1997, the Tahsildar, Tindivanam, inspected the site along with Revenue INspector and Village Administrative Officer and sent a proposal to the District Revenue Officer on 9.10.1997. The notes of inspection were sent to the Assistant Collector, Tindivanam on 24.10.1997. On 12.2.1998, the Tahsildar requested the Council for forwarding the proposals. On 5.10.1998 the Commissioner sent the proposal and the consent to acquire 5 Acres of Ery Poromboke and 1 acre of Thoppu Poromboke to Tahsildar, Tindivanam. On 9.4.1999 the inspection notes of the Revenue Divisional Officer was sent stating that the land under reference was not low lying and the entire ayacut lands are being converted to housing sites and hence can be alienated. On 8.11.1999, the Revenue Divisional Officer after inspection sent his report in letter No.A3/127/98 to the District Collector, Villupuram about the suitability of the site. On 12.11.1999, the technical opinion for the construction of the bus stand from the Commissioner, Panchayat Union, Marakkanam was received and on the same day a resolution was passed in Resolution No.215 to the effect that the land is suited for the formation of the bus stand. After inspection, the then District Collector, Villupuram and the District Revenue Officer expressed their satisfaction on the formation of the bus stand in the proposed site. No objection was received from anyone regarding the proposed bus stand. (iv) The District Collector, by his letter dated 10.1.2000 addressed to the Secretary, expressed the suitability of the Ery site and requested the government for exemption from the ban order. On 5.3.2001, G.O.Ms.No.101 was issued by the Revenue Department alienating the land and also granting exemption from the ban orders. On 18.11.2002, the Municipal Commissioner sent a cheque for a sum of Rs.12,80,849/- to the Tahsildar. On 29.11.2002, by resolution No.556, the Municipal Council resolved to construct the proposed bus stand at the cost of Rs.5 crores. The lands were taken possession by the Tindivanam Municipality on 14.1.2003. As requested, the Sub Collector, Motor Vehicles INspector and Commissioner, Tindivanam Municipality inspected the site and sent a joint report on 25.4.2003, about the suitability of land for the construction of the proposed bus stand and emphasized the urgency and the dire need of it to the town. On 12.6.2003, the District Collector, sent his recommendations to the Commissioner of Municipal Administration. On 15.10.2003, the Commissioner of the Municipal Administration sought for a meeting with the Municipal Commissioner for the finalisation of the design of the proposed bus stand. On 25.8.2004, the tender documents were approved by the Commissioner of Municipal Administration.(v) On 30.9.2004, by Resolution No.444, the Municipality resolved to construct the bus stand on the land belonging to the Wakf Board. The same as challenged by way of W.P.No.32320 of 2004. The said W.P.No.32320 of 2004 was dismissed on 1.12.2004. By virtue of Resolution No.59, the Municipality fixed a deadline of one month to decide as to whether to construct the bus stand either on the Wakf Board land or at the lands already purchased by it. On 25.2.2005, the Commissioner of Municipal Administration gave consent and expressed no objection to Municipality for the construction of the bus stand on the Wakf Board Land. On 2.3.2005, the Municipal Commissioner sought willingness of Wakf Board and on 3.8.2005, the Wakf Board stated its terms and conditions for leasing out its land for a period of 75 years. By G.O.Ms.No.136 (MAWS) dated 15.9.2005, the Government permitted the Municipality to take 6 acres of Wakf Board land on lease and permitted the Municipality to pay the lease rent of Rs.60,000/- per month and an advance amount of Rs.6,00,000/- The lease deed was executed on 22.12.2005, in favour of the Wakf Board and an advance of Rs.6,00,000/- was paid. Temporary bus stand was inaugurated on 28.12.2005. G.O.Ms.No.19 (MAWS) dated 17.2.2006 accorded sanction for the construction of the bus stand at the cost of Rs.522 lakhs. Tender Notification was issued and the tender documents were received. They were not processed because of the notification of General Election to Tamilnadu State Assembly 2006. On 13.6.2006, impugned resolution No.671 was passed, by the newly elected Committee Members requesting the government to pass suitable orders for the construction of the bus stand at the Ery site. Under these circumstances, the present writ petition came to be filed. (emphasis supplied).