The Deccan Chronicle 11.08.2010
Court says no to car park under playgroundAug. 10: The Madras high court on Tuesday restrained the Chennai corporation from constructing an underground car parking in the corporation playground situated on Venkatnarayana road in T. Nagar or for converting it for any other purpose, holding that the decision of the corporation was arbitrary and unjustifiable.
A division bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam allowed the petition filed by Mr R Chandran, a resident of T. Nagar. The bench said, “Prima facie, we have no hesitation in holding that such a decision of the corporation for using the park and the playground for the purpose of providing car parking and to facilitate the customers and visitors for the shopping complexes and commercial establishments is illegal, arbitrary, unwarranted and unjustified.”
The land had been used by the public as a park and playground for more than five decades and this was the only place of enjoyment for the locals. It was well-settled that right of life was not only a fundamental right but also the right to lead a decent life and to enjoy fresh air and water by using parks and greeneries, the bench added.
The bench said it appears the proposal includes commercial ventures also, which was impermissible on a site which had been reserved for recreation purpose. If an area was specified as open space, the corporation may at best get a right to manage it in the interest of society. Any breach of this custodianship and attempt to change the use of such land would be impermissible under law and would be against public interest.
