Seshan plea dismissed

By Our Special Correspondent

CHENNAI, NOV. 23. The Madras High Court has dismissed a petition filed by the former Chief Election Commissioner, Mr. T.N. Seshan, challenging a State Government notification, reclassifying the land use in respect of a site near his residence to commercial zone.

Mr. Justice K. Govindarajan held that the proceedings for reclassifying the land use of the site on St. Mary's Road, Alwarpet in South Chennai, had been done according to law and there was no arbitrariness in the order.

In his writ petition, Mr. Seshan said he was the owner of a building on St. Mary's Road, a primarily residential area. He said a construction company M/s Ceebros started work to prepare for the construction of a multi-storey commercial complex. He came to know that the CMDA had changed the classification of parts of St.Mary's Road to commercial at the instance of the construction company and others. He challenged the notification issued by the Housing and Urban Development department, dated June 16, 1999, on the reclassification. Mr Seshan contended that the CMDA while modifying the classification of the zone had not followed the procedure contemplated under Sec. 33 of the Town and Country Planning Act. Before issuing the notification, no reasonable opportunity was given to the people of the locality. Having issued a notice calling for objections, it should have been taken for consideration to enable the local people to lodge their objections, if any.

The Judge said the court was able to see that the company made an application only for reclassification of the land used in a primarily residential area to commercial use. That had been considered by the authorities.

Mr. Justice Govindarajan pointed to the CMDA's counter which stated that taking into account the developments in the area and road width, the reclassification to commercial zone was done. As per the rules, a change of classification to commercial use, could be considered on a road with 18 m width. The site in question abutted an 18 m wide road. The Corporation Chief Engineer had expressed no objection to the reclassification. A technical committee comprising CMDA, Metrowater, Chennai Corporation and the Director of Industries and Commerce had recommended the change in land use. Only then did the Authority approve the change in land use.

When the CMDA had applied its mind and passed the orders and in the absence of any arbitrariness, he said, the court was not inclined to intervene with the impugned proceedings.

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