Writ Petition No. 18423 of 2015 and M.P. Nos. 1, 2 of 2015. Case: E. Jeevanandam Vs The Managing Director, Chennai Metropolitan Water Supply & Sewerage Board and Ors.. High Court of Madras (India)

Case NumberWrit Petition No. 18423 of 2015 and M.P. Nos. 1, 2 of 2015
CounselFor Appellant: S. Thanikasivan, Adv. and For Respondents: Manishankar, Special Government Pleader
JudgesM.M. Sundresh, J.
IssueMadras Metropolitan Water Supply and Sewerage Act, 1978 - Sections 63, 67(1)(c), 67(3), 67(C)
Judgement DateApril 04, 2017
CourtHigh Court of Madras (India)

Order:

M.M. Sundresh, J.

  1. The petitioner was the chairman of the erstwhile Maduravoyal Town Panchayat and at present a councilor. During his tenure as chairman, a resolution was passed by the said local body vide Res.3 dated 28.11.2001, to provide sewerage facilities to the Maduravoyal area, enclosing the list of streets, in which Ward No. 7 in Rukmani Nagar street is also included.

  2. A request was made by the local body to the first and second respondents to prepare a total estimation for the underground sewerage scheme. A comprehensive scheme was prepared followed by another resolution of the local body dated 05.09.2008. The Government has accorded the administrative sanction for Rs. 57.45 Crores vide G.O. No. 2(D)47, dated 03.06.2009.

  3. The scheme has commenced on 18.08.2009. The sewerage was laid as there was no objection except at Rukmani Nagar Road for the length of 110 meter. The sewerage main was completed on the upstream and downstream side of Rukmani Nagar except an extent of 119 meters at Rukmani Nagar street.

  4. The petitioner purchased lands in the year 2011, which is inclusive of the street over which the proposed sewerage line is sought to be taken-Rukmani Nagar street. Now the petitioner's claim is that the said extent is part of the private land. The following is the evidence produced by the second respondent to show the existence of the street for several decades.

    "10.i) In a Gift deed dated 03.09.1997 registered as document No. 3487 of 1997 in SRO, Virugambakkam, it has been clearly stated in the boundaries of the schedule that on the East by 30 feet existing tar road;

    ii) In a sale deed dated 15.04.2002 registered as document No. 1953 of 2002 in SRO, Virugambakkam, it has been clearly stated in the boundaries of the schedule that on the East by 30 feet existing tar road; "

    iii) CMDA has approved Mada Avenue Layout in Survey No. 296/1B, Maduravoyal Town Panchayat vide Lr.No.L1/8501/09, dated 28.02.2000 and thereafter approval was granted by Executive Officer, Maduravoyal Town Panchayat vide Lr.D/Dis 21/97, dated 18.05.2000 indicating existing Rukmani Nagar Road (30'-Road);

    iv) A resolution vide Res.No.3, dated 28.11.2001 was passed by the petitioner herein while he was the Chairman of the erstwhile Maduravoyal Town Panchayat to provide sewerage facilities to Maduravoyal area, enclosing the list of streets along with Plan in which in Ward No. 7, Rukmani Nagar roads are included;

    1. A resolution vide Res. No. 174 dated 24.01.2006 was passed by the petitioner herein while he was the chairman of the erstwhile Maduravoyal Town Panchayat to provide water facilities to Maduravoyal area enclosing the list of streets along with Plan in...

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