V. SUNDAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS appeal challenges the grant of Environmental Clearance (EC) to the 10th respondent, namely, M/s. Vicoans Infrastructure and Environmental Engineering Private Ltd., Raja Annamalipuram, Chennai by the 3rd respondent, State Level Environment Impact Assessment Authority (SEIAA), Chennai dated 15.07.2014 for construction of a building measuring 43,755.90 sq.m of the total built up area at D. No. 19, Lattice Bridge Road, Adyar, Chennai.

(2.) THE brief facts of the case of the appellant is that the appellant has been carrying on the business of manufacturing and marketing chemicals under the name of Chemicals India from the property situated at No. 15, Lattice Bridge Road for the last several years which was originally commenced by the Appellant's father Late Mr. R. Vishwanathan in 1968 on a portion of the property, taken on lease from Mrs. Meera Bai Dawson who owned the property. Pursuant to the lease, the appellant's father put up a super structure in the leased property at his own cost with the permission of Mrs. Meera Bai Dawson in 1968 -1969 (later renovated in December 2006), and ever since then the appellant's father, and after his demise in 2007, the appellant herein, has been in settled possession and enjoyment of the property. The property is accessed through a 25 ft. passage from the 20 ft. common road leading to the property of Mrs. Kripa Bai situated in the vicinity. Apart from the property situated at No. 15, Lattice Bridge Road, Mrs. Meera Bai Dawson owned another property admeasuring 2.67 acres situated at No. 19, Lattice Bridge Road, on the Southern side of the 20 ft. common road.

(3.) IN the year 2003, taking advantage of the hiatus in the administration of the properties of Late Mrs. Meera Bai Dawson in India, including the property situated at No. 15, Lattice Bridge Road, certain persons having no semblance of title to the property, sought to unlawfully oust the tenants and grab the property which was prevented by the Welfare Association by approaching the Hon'ble Madras High Court under Crl. O.P. No. 29297 of 2003 and obtained an order dated 29.08.2003 directing the police officials to provide protection to all the tenants in occupation of the property. The Hon'ble Madras High Court directed the police to ensure that any person claiming right over the property shall evict the tenants only by taking recourse to law.