The Times of India  11.08.2010

CHENNAI: Sending a loud and clear message to the civic administration that the Madras high court would not permit conversion of parks and playgrounds into parking or commercial areas, the first bench has struck down the Chennai Corporation's bid to build a multi-level car parking facility at a playground on Venkatanarayana Road in T Nagar.

The bench, comprising Chief Justice M Yusuf Eqbal and Justice TS Sivagnanam said: "We have no hesitation in holding that such decision of the authorities for using the park and the playground for the purpose of providing car parking and to facilitate the customers and visitors of shopping complexes and commercial establishments is illegal, arbitrary, unwarranted and unjustified."

The judges were passing orders on Tuesday on a public interest writ petition filed by one R Chandran of T Nagar.
Advocate NGR Prasad, counsel for the petitioner, submitted that the corporation park/playground on Venkatanarayana Road was sought to be converted into an underground multi-level car parking facility, keeping in mind the interests of commercial establishments that had mushroomed in the area. Noting that the residents were not consulted by the civic authorities, Prasad said the ground had a basketball court with gallery, changing room, toilets and an outdoor gymnasium.

Justifying the proposal, additional advocate-general P Wilson and government pleader J Raja Kalifulla submitted that the busy commercial centre required additional parking facilities. They said the parking facility would be in the basement, while the existing playground at the road level would not be affected by the project.

Rejecting the arguments, the first bench said: "The land in question has been used by the public as a park and a playground for the last more than five decades and this is the only place of enjoyment for the public of that locality. It is well settled that the right to life is not only a fundamental right but also to lead a decent life and to enjoy fresh air and water by using parks and greeneries."

Pointing out that T Nagar was primarily a residential area, the judges said that only recently there had been mushrooming growth in commercial establishments. "In order to facilitate the customers' visit in those shopping complexes and commercial establishments, the authorities have decided to provide underground car parking by changing the character of the land, which has been used as playground and park for the last six decades."

The judges then said it could not allow the corporation to use the playground for construction of underground car parking.

A B Muthukumar, a resident of Rajachar Street, welcomed the court order, saying, "It was such a ridiculous attempt by the Chennai Corporation, cornering a playground for its underground automated parking system. The HC has rightly intervened and set an example as to what should not be done with open spaces. When open spaces are scarce, sprawling playgrounds or parks have become convenient targets for the official machinery for any developmental works in the city. This should be done away with immediately."

But KA Doraiswamy, a resident of Rangan Street, said that in the absence of a multi-level parking facility, the bylanes are hijacked by hundreds of vehicle users throughout the day. "We expected the corporation's plan for underground parking system to become a reality. It would have been a great help for residents of the narrow bylanes off South Usman Road, if the corporation had built such a facility. Because vehicles are parked here all through the day, we are not able to use our vehicles even during emergencies. We need such a multi-level parking system in T Nagar."