G.Ramesh v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Ramesh ... Petitioner in W.P.Nos.21978 and 21982 of 2024 K.Ramu ... Petitioner in W.P.No.21986 of 2024 S.Nageswara Rao ... Petitioner in W.P.No.21989 of 2024 Vs The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No:1, Gandhi Irwin Road, Egmore, Chennai 600 008.
... Respondent in all W.Ps Prayer in W.P.No.21978 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to provide approach road of 30 ft Service Road on the Eastern Side of 50 meter corridor abutting to the petitioner's property in survey no.357/2B2 in Varadarajapuram Village, Kundrathur Taluk, Kancheepuram District for better usage of the land.
Prayer in W.P.No.21982 of 2024 : Writ Petition is filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to provide approach road of 30 ft Service Road on the Eastern Side of 50 meter corridor abutting to the petitioner's property in survey no.50/2B in Erumaiyur Village, Kundrathur Taluk, Kancheepuram District for better usage of the land.
Prayer in W.P.No.21986 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to provide approach road of 30 ft Service Road on the Eastern Side of 50 meter corridor abutting to the petitioner's property in survey no. 47/1B in Kummanur Village, Ponneri Taluk, Thiruvallur District for better usage of the land. Prayer in W.P.No.21989 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to provide approach road of 30 ft Service Road on the Eastern Side of 50 meter corridor abutting to the petitioner's property in survey no.107/2B and 108/2B2 in Karunakachery Village, Avadi Taluk, Thiruvallur District for better usage of the land.
In all W.Ps For Petitioners : Mr.V.Meenakshi Sundaram For Respondent : Mr.Akhil Akbar Ali Standing Counsel COMMON ORDER These Writ Petitions have been filed for direction directing the Respondent to provide approach road of 30 ft Service Road on the Eastern Side of
50 meter corridor abutting to the petitioners' respective properties for better usage of the land.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. All the petitioners owned their respective lands and they are in possession and enjoyment of the subject property. While being so, the respondent intended to lay 400 feet outer ring road and also with a view to develop the same by establishing IT parks in order to woo Global Capablity Centre (GCC). Accordingly, the respondent laid a road with the width of 25 meter on either side leaving in center 22 metre width of land for mass transportation and leaving 50 meter land on eastern side for public facilities and future development. They also understand that the 50 meter vacant land in the eastern side of the outer ring road will be allotted to various Government, semi Government organizations for consideration for construction of their offices.
4. Therefore, the petitioners have no approach road to reach their respective lands. Therefore, they made representations to the respondent to provide at least 30 ft in the Eastern Side and 50 meter vacant land outer ring road for a free
ingress and access to their lands.
5. On receipt of the representation of the petitioner in W.P.No.21978 of 2024, the respondent by its communication dated 22.09.2023, informed as follows:- " .... It connects major Road NH 32, NH 48, NH 716 and NH 16 to relieve the congestion of the Chennai city. The preparation of Grid of road along the ORR is under progress as part of ORR Growth Corridor. Hence it is informed that access road requested for the premises in the reference cited will be examined in comprehensive manner and will be decided on its merits based on the Grid of road finalization."
6. In view of the above, the communication dated 22.09.2023, the respondent is directed to dispose of the representations submitted by the petitioners and decided it on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above directions, these Writ Petitions are disposed of. No costs.
06.08.2024
Index:Yes/No Speaking Order: Yes/No mn
G.K.ILANTHIRAIYAN, J.
mn To The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No:1, Gandhi Irwin Road, Egmore, Chennai 600 008.
06.08.2024