Madras HC Restrains Sewage Station Construction on Potheri OSR Land
The Madras High Court has temporarily restrained the Maraimalai Nagar municipality from building a sewage pumping station on Open Space Reservation (OSR) land located in front of the Abode Valley apartments at Potheri in Chengalpet district. Justice Hemant Chandangoudar issued the interim injunction on a petition filed by RS Shreeram, who serves as the secretary of the Abode Valley Owners Association.
The court has adjourned the matter for its next hearing on August 12, accepting a request made by the government counsel representing the respondent authorities. Justice Chandangoudar directed that the authorities shall not proceed with any construction activities related to the sewage pumping station until the next hearing date.
Senior counsel T Mohan, appearing on behalf of the petitioner alongside advocate S Jimraj Milton, submitted before the court that the original promoter had executed a gift deed transferring the OSR land to the municipality back in 2010. Under local regulations, the municipal body was expected to develop the reserved land into a public park or playground for the community. However, the municipality failed to execute any such development on the land over the past several years.
Instead, the municipality commissioner has recently sought to divert a portion of the designated OSR land to construct a municipal sewage pumping station. The petitioner’s counsel argued that this attempt to repurpose reserved green space violates Rules 41 and 42 of the Tamil Nadu Combined Development and Building Rules, 2019.
In addition to statutory land-use violations, the petition pointed out significant environmental and health hazards posed by the project. The proposed sewage pumping station is planned to be constructed immediately adjacent to an existing drinking water well and directly across from Potheri Lake. Counsel stated that placing a sewage installation in such close proximity to vital water bodies creates a severe threat to public health and the surrounding ecological environment.
The petitioner further submitted that the municipality's decision violates its statutory responsibilities under the Tamil Nadu District Municipalities Act, 1920. This legislative act places a legal duty on municipal authorities to protect and maintain public water sources and explicitly prohibits any actions or undertakings that are likely to contaminate potable water.
