Chennai: Dismissing a petition filed by P.ORR. & Sons Private Ltd., challenging a notice issued by Chennai Corporation to demolish the rear portion of the building that became weak due to the tunneling of metro rail project, the Madras High court observed that nowadays, heads roll in several government departments whenever a building collapses resulting in loss of human lives. Therefore, certain things cannot be left to chance.
Justice V. Ramasubramanian said “as we apply precautionary principle in Environmental Jurisprudence, whenever evil results of a project are uncertain, the Commissioner is obliged to count the adverse effects that a disaster may bring forth”.
The P.ORR & Sons has been occupying 14,000 sqft of building, which is more than 100 years old, belonging to Associated Publishers Private Ltd., for over eight decades. The Government in November 2011 acquired a portion of the building for the purpose of ambitious Chennai Metro Rail Limited (CMRL) Project. After acquisition, a portion of the building was pulled down, which resulted in a wall in the second floor of the building on the south-west corner, being demolished, forcing the petitioner to undertake some restoration work.
The property owner, Associated Publishers Private Ltd, sought an opinion from the Indian Institute of Technology (IIT), Madras, as the building had become weak. On the basis report of the IIT, the Commissioner of the Corporation issued a notice dated April 1, 2013 to P. ORR & Sons asking the petitioner to fence off the rear portion of the building and take down the building to the extent of about 894 sq. ft., so as to prevent any damage to the remaining portions. Hence, company petitioner filed the writ petition challenging the notice and contended that the building was very strong.
Corporation of Chennai replied that “though the front portion of the building is an heritage structure, the rear portion is not”. The rear portion of the building was very old and in a bad condition. When the Chennai Metro Rail Limited commences the work with heavy machinery and tunnel boring machines, the building would be exposed to heavy vibration, threatening its load bearing capacity.
The experts of the Indian Institute of Technology carried out an inspection at the request of Chennai Metro Rail Limited and submitted a report that the building was in a precarious condition and that based upon the report of IIT, the notice was issued.
In their recommendations, the Professors of IIT had requested CMRL to issue an advisory to the property owner to restrict the use of some portions of the building as a precautionary life safety measure, the Corporation added.
The judge said the P.ORR. & Sons Private Ltd., has been occupying over 14,000 sq. ft. of built up area. The company would not lose anything by demolishing 894 sq. ft. out of the same. The inconvenience that may probably be caused to company by losing a small portion of the building, is very insignificant, when compared to the peril to which many persons may be exposed, in the event of a disaster.
Dismissing the petition the judge said “I do not think the Commissioner could have explored other options, especially when a premier institution like IIT gives an opinion”.
