SIVAKUMAR Vs. CHENNAI METRO RAIL LIMITED

JUDGEMENT

(1.) Challenge in writ petition No.34578 of 2018, is for a writ of mandamus, forbearing Chennai Metro Rail Limited; Chennai Metropolitan Development Authority; Commissioner, Greater Chennai Corporation, from encroaching upon or proceeding with the construction of work, at Thiru.Vi.Ka.Park, Shenoy Nagar, Chennai, towards development of amenities centre/mall and for a consequential direction to the respondents, to take necessary steps, to restore Thiru.Vi.Ka.Park as it existed prior to the handing over of possession to the Chennai Metro Rail Limited

(2.) Petitioners in W.P.No.34578 of 2018, are the residents of Shenoy Nagar. It is stated in the writ petition that Thiru.vi.Ka.Park was established as a part of Shenoy Nagar, a residential colony, which was founded in the year 1951 - 52. The park is one of the oldest parks in the City. It functions as a crucial lung space and provides green cover for Chennai. The park is spread over a substantial area of around 9 acres and has a great number of deep-rooted trees. The deep rooted trees in the park make it an essential catchment area for rains, thereby, alleviating water shortages and sustaining the ground water levels in the area. The park had over 300 trees, most of which were several decades old. The said park has been demarcated as an Open Space and Recreational use Zone, in the Master Plan for Chennai Metropolitan Area, 2026.

(3.) Shenoy Nagar had never seen any flooding, before Chennai Metro Rail Limited took over, even during heavy rainfall. This has been mainly due to the natural draining and absorption of rain water in the park area. The same also improves the groundwater table in the area. The park also provides a home for a large variety of birds, which was a sight otherwise unseen in an urban metropolis such as Chennai. The protection of the few remaining habitats for such creatures within the City is a crucial integer in ensuring the protection of whatever fragile ecosystem remains in Chennai.