CHENNAI: In a significant order in protecting waterbodies and ground water, the Madras High Court has temporarily restrained the authorities of the Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation (GCC) from issuing completion certificates to constructions raised in aquifer recharge zones between Bay of Bengal and the Buckingham Canal on East Coast Road and its adjoining areas.
A division bench of justices SM Subramaniam and R Rajesh Vivekanandan passed the orders recently on a public interest litigation petition filed by R Rajinder Kumar of Mylapore, Chennai.
The petitioner had sought the court to issue directions to ensure that the developments (constructions) in aquifer recharge zones at Kottivakkam, Palavakkam, Neelankarai, Okkiam Thuraipakkam, Injambakkam, Karapakkam, Sholinganallur and Uttandi adhered to the Tamil Nadu Combined Development and Building Rules, 2019.
He had also prayed for action to remove such constructions that did not follow these rules.
The petitioner alleged that the authorities were not monitoring the constructions made in aquifer recharge zones and rampant violations of the rules were affecting the water bodies as well as ground water table. He alleged that constructions had been made in violation of the rules even after the petition was filed in 2019.
The bench, in the recent order, said, “Interim injunction is granted restraining the respondents from issuing completion certificates in respect of any development in aquifer recharge zones without prior verification that the development is in accordance with the relevant Rules.”
It directed the respondent authorities not to issue the certificate without obtaining an undertaking affidavit from the owner of the buildings to the effect that buildings would be used strictly adhering to the rules and agreeing to certificate withdrawal if the conditions were violated.
It ordered the GCC commissioner to appoint a monitoring committee to oversee the process of enumeration of violations and ensure the exercise is completed preferably within six months.
The respondents are directed to ensure that all further constructions and building planning permissions are strictly made in accordance with Appendix ‘A’ of the 2019 Rules and other applicable laws.
