The Madras High Court on Wednesday said that the lock-and-seal order of the Chennai Corporation with regard to the newly-constructed I, J and K stands at the M.A. Chidambaram Stadium, Chepauk, is not sustainable in law since it lacked judicious consideration of facts and circumstances.
In its common order on petitions by the Tamil Nadu Cricket Association (TNCA), the First Bench of Acting Chief Justice Elipe Dharma Rao and Justice Aruna Jagadeesan also set aside an order of the Additional Commissioner of Police (Traffic) of August 25 last year declining to grant no-objection certificate from the traffic point of view for issuing planning permission.
The Bench said that pursuant to the interim orders of the court, the three stands were thrown open to public for a play-off game as well as the IPL final and no untoward incident was reported by any authority. This would undoubtedly disprove the authorities’ apprehensions.
The court said that while declining to grant NOC, the Additional Commissioner of Police had failed to appreciate the fact that a multi-level car parking (MLCP) was a subject matter of the proposed construction after the demolition of the entire balance portion of the stadium, including the existing pavilion and Madras Cricket Club and that was the reason why the TNCA had continued with its arrangement with the Railways and the Government Victoria Hostel to permit parking on match days to the CMDA’s satisfaction.
The Additional Commissioner of Police had unnecessarily sat on the CMDA’s letter from February to June last year in spite of the fact that the CMDA had required him to offer his remarks within a time frame. “It shows the scant regard of the Additional Commissioner of Police to the highest authority on the subject/the CMDA, thus keeping the petitioner on tenterhooks.”
As regards another petition, the Bench said it was seen that the application for consent by the petitioner was returned in September last year by the Tamil Nadu Pollution Control Board with a request to resubmit the same with some additional particulars. Since the petitioner’s counsel also sought time for complying with it, the Bench directed the TNCA to resubmit its application within one week. The authorities should dispose of the application within six weeks thereafter in accordance with law and keeping in view the court’s observations and findings.