The New Indian Express 11.08.2010
HC dumps Corporation's car park plan in T Nagar
CHENNAI: The Madras High Court has restrained the Chennai Corporation and the Municipal Administration and Water Supply Department from constructing an underground car parking on the playground on Venkatanarayana Road in T Nagar.“The land in question has been used by the public as a park and playground for the past more than five decades and this is the only place of enjoyment for the public of that locality. It is well settled that right of life is not only a fundamental right, but also a right to lead a decent life and to enjoy fresh air and water by using parks and greeneries, which is meant for the public at large,” the First Bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam observed on Tuesday.
The bench was allowing a public interest writ petition from R Chandran of T Nagar, who organises sports activities at the ground.
It appears that the proposal included commercial ventures also, which was not permissible on a site which had been reserved for recreational purposes. If an area was specified as open space, the Corporation might at best get a right as a custodian of public interest to maintain it in the interest of the society in general. Any breach of this custodianship and any attempt to change the use of such land would not be permissible under law and would be against public interest. The Corporation therefore could not be allowed to use the playground for construction of underground car parking. “The decision of the Corporation to that effect is therefore, declared illegal and unjustified,” the Bench said, allowing the petition.
