HC bar on construction of textile firm building

By Our Staff Reporter

CHENNAI, AUG. 20. The Madras High Court has restrained the Kumaran Silks Trade Limited on Usman Road in T.Nagar from going ahead with the construction of multistoreyed building, and from opening any showroom in its own name or in any other name on its premises.

Allowing a petition against the construction activities, the First Bench of the Madras High Court comprising the Chief Justice, Mr. N. K. Jain and Mr. Justice P. Thangavel, also issued notices of motion, returnable in four weeks, to six respondents, including the Housing and Urban Development Secretary, the CMDA, the Chennai Corporation, the TNEB and the firm itself.

In his petition, Mr. H. Ibrahim Sha of T. Nagar had faulted the Government agencies which were incharge of the development control and planning in and around Chennai. He also apprehended that in the event of natural calamities, such as the recent earthquake in Gujarat, the unregulated construction would cause severe damage to residents in the adjacent localities.

About the building, Mr. Sha said even a naked eye would see that there was ``absolutely no adherence to the required setback space to be provided under law''. The adjoining streets continue to be residential localities and the nature of construction of the respondent was a great inconvenience to the general public, he argued.

Citing severe parking problem, besides the shortage of power and water supply in the region, he said if allowed the building would cause ``irretrievable damage'' to the local residents.

The petitioner also noted that on an earlier petition by a neighbour the High Court had ordered demolition of the entire unlawful construction, but the Supreme Court had ordered status quo.

``The very object and purpose of various enactments to protect and preserve our environment will be defeated if the respondent's activities are allowed,'' Mr. Sha said in his petition.

He sought an order of interim injunction restraining the respondents from giving service connections to the shop-owner's property. He also wanted the Government agencies to restrain the owner from opening any showroom in the existing name, or in any other name, in the said premises.

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