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Judgment reserved in QMC demolition case

By A. Subramani

CHENNAI APRIL 11. After four days of spirited arguments for and against demolition of Queen Mary's College buildings here, the Madras High Court today reserved its judgment on a batch of writ petitions challenging the controversial `decision' to raze the structure.

The First Bench comprising the Chief Justice, B. Subhashan Reddy, and Justice F.M. Ibrahim Kalifulla, reserved orders, after the Advocate-General, N.R. Chandran concluded his arguments, followed by replies from counsel for petitioners.

(As of now, the single judge order forbearing the Government from demolishing any of the buildings or vacating hostellers stands extended until further orders).

Today, referring to the AG's contention that the Cabinet decision was yet to culminate in a government order, R. Vaigai, counsel for the Students Federation of India, said technicalities need not be binding on the court. On the representation made by teachers in 2000 demanding repairs to buildings, she said the Government should have taken into consideration the views of students, teachers and other authorities before deciding to raze the structures.

'No politics on campus'

However, Mr. Justice Reddy took exception to the presence of some students in the court hall and admonished them for not attending classes. Asking them to go to the college at once, he threatened to direct the authorities to suspend those who came to the court instead of going to their classes. "There should be no politics among students," he said, adding, "We express our opinion that the student community should not be exploited. They must study. If they want to become politicians they can do it at a later stage".

'Not economic policy'

Replying to the AG's submissions, N.G.R. Prasad, counsel for the All-India Democratic Women's Association, said the demolition move could not be considered an economic policy and hence it could be tested in court. Refuting the claim that the petitions were premature, he said, "we cannot come to court after a bhoomi puja is conducted".

Habibulla Basha, senior counsel for the INTACH, submitted that there was no reason to wait until the injury was caused. "Mere threat of an injury is enough to challenge", he said. "We cannot ask them (Government) to reconstruct after the buildings are demolished". Also, the AG had not given any undertaking to the court that the building would not be pulled down.

Sriram Panchu, senior counsel for the Citizen, Consumer and Civil Action Group, submitted: "Throughout the controversy they say a decision (to demolish) has been taken. But, when it is up for judicial review, they say it is not a decision/order. Their stand is inconsistent". He also charged the Government with ignoring all safeguards enumerated in the Town and Country Planning Act and the Development Control Rules.

Pointing out that the main prayer in the CAG's petition was to declare the stretch between Ennore and Tiruvanmiyur Coastal Regulatory Zone-I, Mr. Panchu said the court needed no formal order to adjudicate the matter. Neither the Government nor the Chennai Metropolitan Development Authority had cared to file a counter-affidavit. Besides, the AG had not furnished any material proof to show that the Chief Minister had considered all relevant factors before making the controversial announcement. Also, the Indian Association of Architects had opined that the QMC campus was not the proper site for a Secretariat project.

Mr. Chandran, however, submitted in the court the opinion of a technical experts committee on the Namakkal Kavignar Maaligai housing the Secretariat and the QMC to corroborate the stance that both the structures were unfit for occupation and hence needed to be pulled down. He also said a QMC student had filed a suit for damages after a brick fell on her. "We need not wait for the building to crumble", he added.

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