Chennai: Finding that a Public Interest Litigation, which sought to restrain the Tamil Nadu Housing Board from putting up construction or altering the nature of water body in Mogappair, has no public interest involved, the Madras high court has dismissed the same.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M.Sundar dismissed the PIL filed by Padi Kalaivanar Nagar Makkal Sevai Mandram.
The bench said the petitioner has approached the court alleging that the TNHB was putting up construction on water body in Mogappair. In the counter affidavit, it has been pointed out that the permission to enter the land was granted as far back as in 1984, lay out was prepared and approved by the CMDA in 1999.
Housing sites were sold to general public by lot and a common area was handed over to the local body for future maintenance. In this approved layout plan, 36 cents was reserved for future construction by the board and it was here that the board has proposed to construct 20 HIG flats and got approval from the CMDA in July 2015.
The bench said, “We are in agreement with the submission of the government pleader. It is difficult to believe that the petitioner would be unaware of the developments on the land. The fact that different title suit or petition is filed qua this portion of land left out for future development itself shows that there is possibly more of private interest than any public interest.”
At this belated stage, the issue is sought to be raised and even if the current construction is taken into account, it should have been going on for about ten months. We thus, find that the present petition really has no public interest involved”.
