Madras High Court
D.Sridharan vs The Principal Secretary To … on 19 July, 2019 1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.07.2019 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.10734 of 2017 D.Sridharan … Petitioner Vs
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai – 600 009.
2. The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai, Tamil Nadu – 600 005.
3. The Commissioner, Pallavaram Municipality, 3rd Main Rd, Pallavapuram, New Colony, Chromepet, Chennai, Tamil Nadu – 600 044.
4. The Municipal Engineer, Pallavaram Municipality, 3rd Main Rd, Pallavapuram, New Colony, Chromepet, Chennai, Tamil Nadu – 600 044. … Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, directing the respondents 2 to 4 to scrap the existing layer before relaying of roads in the locality of Pallavaram Municipality under the purview of the 3rd respondent and not increase the present height of the roads. http://www.judis.nic.in 2 For Petitioner : No Appearance For Respondents : Mr.E.Manoharan (for R1 & R2) Additional Government Pleader. Mr.P.Srinivas (for R3 & R4) Standing Counsel for Municipality. ORDER
(Order of this Court was made by S.MANIKUMAR, J.) On 18.07.2019, there was no representation for the writ petitioner.
Hence, we directed the Registry to post the writ petition on 19.07.2019, under the caption ‘for dismissal’. Thus, it is listed today.
2. Today also there is no representation. We propose to pass orders on merits.
3. Petitioner has sought for a writ of mandamus, for a direction to the respondents 2 to 4 to scrap the existing layer before relaying of roads in the locality of Pallavaram Municipality under the purview of the 3rd respondent and not to increase the present height of the roads.
4. In the supporting affidavit, petitioner has stated as follows:
(i) Petitioner is a resident of Chromepet, residing at No.25, Second Main Road, Purushotham Nagar, Chromepet, Chennai. He is residing at the above said location for the past 4 decades. It is submitted that the roads laid in this locality are not in a proper condition and generally wear out within 6 months to 1 year depending on the rain and other practical conditions. Hence, it is submitted that there arises a need to re-lay the roads in this locality every now and then.
(ii) While re-laying the roads, it is quite essential that the road is in existence and damaged, should be scrapped (scrapping of the upper layer) and after the scrapping process, new upper surface should be laid. This would ensure that the road is laid evenly and survives for a longer duration. According to the petitioner, this is the practice, that is generally followed in different parts of the State of Tamil Nadu.
(iii) However, roads which are being re-laid by the respondents are increased in height by a minimum of 5 inches to 8 inches from their original height. It is submitted that increase in height is causing a serious concern to the petitioner and several other residents of this locality since the increase in height of the roads would result in the height of the roads to be higher than the houses and other constructions and sink, thereby causing difficulty of ingress and egress and also the risk of flooding during monsoon as the rain water would naturally enter the houses once their height becomes lower than the road. It is submitted that roads in this locality are not re-laid by following the established guidelines and the same is causing a huge hindrance to the residents of this locality.
(iv) It is reliably learnt that several petitions have been sent to the respondents’ office regarding the arbitrary and improper increase in heights of re-laid roads. It is further submitted that according to the established guidelines, it is mandatory to scrap and mill the existing road in order to re- lay the road.
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(v) Petitioner’s neighbours including the petitioner, have suffered the risk of flooding during the December 2015 floods. Petitioner has submitted that at present, the second respondent has been taking steps to re-lay several roads in Pallavaram Municipality limit and consequently, it could be seen that the heights of such re-laid roads have increased by almost 5 to 10 inches above the original height thereby causing the roads to be higher than the houses which were constructed as per the originally existed road several years back. He has submitted that if the roads are again re-laid without proper scrapping or milling or excavation, it might be difficult even to open the gate of the residences and other buildings since the road would obstruct the opening of the gates and pose difficulty in bringing the vehicles in and out of the buildings.
(vi) Petitioner has submitted that such relaying of roads without following the proper procedure has been a growing menace throughout the city of Chennai and its suburbs and several Societal Welfare Associations and individuals have been voicing out their concern pertaining to the same through petitions to the officials and also through the mass media and press. But no proper action has been taken by the concerned officials to implement proper re-laying of roads.
(vii) It is learnt by the petitioner that a Public Interest Litigation in W.P.No.4620 of 2016 was filed before this Court and vide order dated 08.02.2016, this Court ordered thus:-
“The grievance of the petitioner is that whiie re-laying the road, the level of the road is being raised by not following the proper procedure for removal of the earlier surface and then re-laying the road. Her apprehension is that even the Corporation would suffer financial loss in this behalf as the Contractor may charge for re-laying of the road, but is carrying http://www.judis.nic.in only half of the task.
2. The petitioner and the local residents’ association have made representations on 11.01.2016 and 13.12.2015 respectively, but there has been no response.
3. In view of the aforesaid facts and circumstances, we consider it appropriate to direct the third respondent to look into the matter and give a reasoned response to the representation of the petitioner within a period of fifteen days from the date of receipt of the order.
4. The writ petition, accordingly, stands disposed of. No costs.”
But no action seems to have been taken by the respondents with regard to the above mentioned order of this Court and it is submitted that the respondents are committing a blatant violation of the orders of this Court by way of relaying roads in the usual manner without scrapping the top layer or milling the existing layer. Petitioner has submitted that in many localities, the Municipal Officials are simply relaying a fresh layer of road over the existing road. The said action has been even led to reconstruction of foundations and the entire buildings in some cases so as to match the increased height of the roads. Petitioner has submitted that such reconstruction of buildings or foundations are neither affordable to the petitioner nor to the majority of the population of the State. Hence, it is submitted that only if the officials respondents stringently follow the proper re-laying procedure for construction of roads in the municipal areas, this menace of disproportionate increase in height of the roads could be curtailed.
(viii) Petitioner has submitted that many of the constructions made in the Pallavaram Municipality limit date back to the 1950’s and 1960’s and due http://www.judis.nic.in to the present status of the heightened roads, a bare look at any street as of now would reveal that over 50% of the constructions are abnormally low lying, out of which, majority of the houses are at the risk of flooding even during moderate rains. Petitioner has submitted that the one and only cause for the said abnormality is the arbitrary increase in heights of the roads. It is submitted that due to the apprehension of the same, latest constructions are all made by raising the foundation by several feet above the ground level. Petitioner has submitted that such arbitrary increase in heights of the roads is absolutely uncalled for and has no scientific background except in rare scenarios where in order to raise low lying areas and prevent them from flooding, increase in height of platforms and roads are carried out. But however, what is implemented by the respondent officials in reality is rampant re-laying of roads without scrapping the old layer resulting in a huge increase in height disproportionate to the rest of the physical features of the locality. Hence, it is submitted that the same warrants intervention of this Court.
(ix) Petitioner has submitted that this issue of increase in the heights of roads while being re-laid has been considered by various Courts in India and it is an established norm that once a road is being re-laid, the existing road has to be milled and excavated so as to relay the fresh layer of road including all the layers, whether it is tar or concrete. But however, the said procedure is only followed in Highways and major bus routes and it is seldom followed in other roads. Therefore, no other alternative remedy, the petitioner herein is approaching this Court by way of this Writ Petition in the nature of a Public Interest Litigation, for the prayer stated supra.
5. In the Counter affidavit filed by the Commissioner, Pallavaram Municipality, Chennai, the 3rd respondent, it is stated as follows: http://www.judis.nic.in
(i) Writ petition has been filed at a crucial time, when the work of construction of the Underground Drainage System is being implemented and the streets and roads all over the Pallavaram Municipal area have been dug up for laying the pipelines and manholes and for the pumping stations and other allied infrastructures necessary for the operation of the Under Ground Drainage System.
(ii) Respondent has submitted that UGD system has been implemented at a cost of over Rs.104 Crores and the same involves the Public Private Participation and the funding of the project is with the contributions of the residents of the Pallavaram area. Pursuant to the sanctioned scheme, works have been implemented and drainage lines have been laid as per the requirement of the areas and the levels of the pipelines and pumping stations as per the requirements for the receiving and processing of the Sewage have all been designed on scientific basis based on the contour levels of the town.
(iii) As per the requirements of the system the number of Pumping stations needed to lift the sewage and pump it further to the treatment plant and the House Service connections and the main lines have been designed and according to the required levels the trenches have been dug up all along the streets of Pallavapuram Municipal Town and the lines have been laid as per the required gradients and levels.
(iv) After the completion of the pipe laying works, streets and roads are now being relaid by the contractors of this respondent. While doing so, the levels of the roads are maintained whether possible at the old levels of the street http://www.judis.nic.in surfaces arid there is no uniform increase of the levels in the re-laying works.
(v) Apart from UGD works, the construction of the Storm Water drainage system has also been executed, wherein the levels of the Storm water drains are determined by the contour levels of the surrounding areas and the same are fixed with the purpose of efficiently draining the storm waters that collect during the rainy seasons. In the case of the storm water drains, the same are mostly laid in the pedestrian walkways as much as feasible. In other parts, the storm water drains pass in the middle of the streets as per the requirements. Further the size of the Storm water drains are bigger than the Drinking water lines and the Sewage Lines. The said Storm Water Drains are constructed in such a manner as to ensure quick drainage of the storm waters and ensure that they are guided to the natural water courses and water bodies for their safe disposal.
(vi) In the case, of the storm water drains also, the gradients and contours of the land are taken into account for designing the system and the said, pipes and conduits are finally covered by the streets. In such cases, there will be a few changes in the street levels as the same would have to accommodate the SWD system and also aid in the quick drainage of the storm waters. Due to this designing of the system, at a few places the levels of the streets will vary from the old levels and this unavoidable and it does not affect anyone including the Petitioner.
(vii) Due to the above only in some places the streets may been raised due to the levels of the culverts and pipelines that may pass close to the surface of the street and therefore the levels of the streets have to be laid at a higher level. http://www.judis.nic.in
(viii) In fact almost in entirety, the streets in Pallavapuram are being relaid over the dug up portions of the streets and in most areas, the levels are being fixed at the exact levels as available before the start of the work Save a few locations where due to technical requirements, where the streets have to be raised for the technical reasons, in all other places, the roads and streets are being relaid after removing the debris and levelling the sub surface and brought to match the level of the earlier street surface.
(ix) It is humbly submitted that the petitioner has approached this Court on mere apprehensions and misconceived notions. The various averments of the petitioner in the affidavit are denied as baseless and frivolous.
(x) It is submitted that the averments of the petitioner with regard to the requirement for scraping of the road surface of the respondent herein has followed the said practice in all practicable areas, that is wherever it is possible to take the Milling machinery to remove the top layer and mill the same for recycling the materials recovered with the fresh road laying materials. In some narrow streets, the said process is not possible as the Milling machinery cannot be taken inside. But in the said narrow streets, the traffic is lesser and consequently the frequency of relaying works is very less and far apart.
(xi) There is no arbitrary action on the part of this respondent. The entire projects of Storm Water drains, Underground Drainage System are being implemented on scientific basis and as per the requirements of the topography of the area. Wherever it is possible, the original levels of the streets are maintained and only in unavoidable places, due to http://www.judis.nic.in the technical requirements, the level of the street will vary.
(xii) The Petitioner cannot blindly insist that the entire roads and streets should not be varied from their original levels and there is no bonafide in the said claims.
6. Heard the learned counsel for the respondents.
7. In the light of the averments made in the counter affidavit, prayer sought for i.e. directing the respondents 2 to 4 to scrap the existing layer before relaying of roads in the locality of Pallavaram Municipality under the purview of the 3rd respondent and not to increase the present height of the roads, cannot be granted. Accordingly, instant writ petition is dismissed.
No Costs.
[S.M.K., J.] [S.P., J.] 19.07.2019 Index: Yes/No.
Internet: Yes Speaking / Non-speaking Order ars/dm Note:
Issue order copy on 25.07.2019.
http://www.judis.nic.in To
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai – 600 009.
2. The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai, Tamil Nadu – 600 005.
3. The Commissioner, Pallavaram Municipality, 3rd Main Rd, Pallavapuram, New Colony, Chromepet, Chennai, Tamil Nadu – 600 044.
4. The Municipal Engineer, Pallavaram Municipality, 3rd Main Rd, Pallavapuram, New Colony, Chromepet, Chennai, Tamil Nadu – 600 044.
http://www.judis.nic.in S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars/dm W.P.No.10734 of 2017 19.07.2019 http://www.judis.nic. in
