Madras High CourtWMP/28508/2025allowed

The Managing Director v. Trelli South Flat Owners Welfare Association

2025-07-14Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI W.M.P.NO.28508 OF 2025 IN W.P.NO.17008 OF 2022 1.The Managing Director, CMRL, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

2.The Director (Projects), CMRL, CMRL Deport, Ponnamallee High Road, Koyambedu, Chennai-600 107. 3.The Chief General Manager (Project Planning and Design), CMRL, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

4.The General Manager (Construction), CMRL, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

5.The Land Acquisition Officer and Revenue Divisional Officer, CMRL, CMRL Depot, Admin Building Poonamallee High Road, Koyambedu, Chennai-600 107.

Petitioner(s) - Vs -

1.Trellis South Flat Owners Welfare Association, (TSFOWA), represented by its President, No.184, Arcot Road, Vadapalani, (near Vadapalani Metro Station, Chennai.

2.The District Green Committee / District Collector, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai600 001. (Respondent No.6 suo motu impleaded vide order dated 20.07.2023 made in W.P.No.17008 of 2022) Respondent(s) Prayer : This petition is filed under Article 226 of the Constitution of India, 1950, to permit the petitioners to lay the proposed underground sewage line through the subject OSR land to ensure proper sanitation and public convenience at the Vadapalani Metro Station, in continuation of the PhaseII Metro Rail Project in W.P.no.17008 of 2022. For Petitioner(s):

Mr.B.Vijay, Advocate For Respondent(s):

Mr.Karunakaran for R-1 Mr.Sathik, Government Advocate Mr.C.Mohan, Amicus Curiae

ORDER

This petition has been filed seeking permission for the petitioners to lay the proposed underground sewage line through the subject OSR land, in order to ensure proper sanitation and public convenience at the Vadapalani Metro Station, as part of the continuation of the Phase-II Metro Rail Project in W.P.No.17008 of 2022.

2. The first respondent herein filed a Writ Petition before this Court in W.P.No.17008 of 2022 seeking a Writ of Mandamus, directing the authorities to refrain from utilizing the OSR lands in T.S.Nos.5/21, 5/27, and 5/28, abutting the Trellis Apartments, No.184, Arcot Road, Vadapalani, Chennai.

3. Earlier, this Court had granted permission to lay a skywalk. The promoters / landowners of the Trellis South Apartment Complex had gifted the lands comprised in the aforementioned survey numbers, measuring 19,421.26 square feet, to the Chennai Metropolitan Development Authority (CMDA) as Open Space and Recreation (OSR) land through a gift deed dated 26.02.2016. The OSR land thus gifted to CMDA was subsequently transferred by the competent authority to Chennai Metro Rail Limited

(CMRL) for the construction of the skywalk and other public infrastructure related to the Vadapalani Metro Station.

4. By an order dated 04.08.2022, this Court recorded the undertaking given by the petitioners and, based on the same, closed the writ petition, granting liberty to the Trellis South Flat Owners Welfare Association, (TSFOWA), to seek appropriate remedies in accordance with law if the OSR land was not restored to its original condition upon completion of the project.

5. However, the time granted by this Court was insufficient for the petitioners to complete the skywalk project due to heavy traffic in the area. Meanwhile, it has been reported that the existing sewage line for the Vadapalani Station under Phase-I is damaged and non-functional, owing to multiple road works on the 100-feet road. The original sewage line connected the Station to the Vadapalani Temple side (Mosque Street), across the 100-feet road. A joint site inspection was carried out by officials from CMRL and CMWSSB to explore options for restoring or shifting the sewage connection. As the existing line cannot handle the current load, a

new route was identified. Since no alternative routes were available to connect the sewage line to Arcot Road, the only feasible option is to lay the pipeline through the ground level of the OSR land. It has been assured that the OSR land will be restored within two weeks after the completion of the underground pipeline work, and the sewage connection will be completed within four months.

6. The learned counsel appearing for the first respondent and the Amicus Curiae have not raised any serious objections.

7. In light of the above, this Court is inclined to grant permission to the petitioners to complete the skywalk project within a period of eight months, and to complete the laying of the sewage connection within a period of four months. The entire work, including both the skywalk and sewage connection, shall be completed on or before 31.05.2026.

8. However, as per the directions issued by this Court, the Green Committee was required to file a report. As no report has been submitted till date, the District Green Committee / District Collector, Singaravelar

Maaligai, No.62, Rajaji Salai, Chennai-600 001, is directed to file a report before this Court on or before 25.07.2025.

14-07-2025 TSG To 1.The Managing Director, CMRL, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

4.The General Manager (Construction), CMRL, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

5.The Land Acquisition Officer and Revenue Divisional Officer, CMRL, CMRL Depot, Admin Building Poonamallee High Road, Koyambedu, Chennai-600 107.

6.The District Green Committee / District Collector, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai-600 001.