Green light to demolition of park for road work

First bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, while rejecting a PIL moved by M Ramakrishnan of CPI(M), seeking to quash the government order (GO) which had allowed the demolition of the park, said, “The point to be looked into is whether relocating the present park affects the public interest or not. Such an apprehension may not survive since the present park has not totally vanished, but relocated to the adjacent area, only to facilitate widening of the road.” The bench also on holding that the State government has an inherent right to make out a policy on a bona fide consideration and the same cannot be assailed in law, said, “As a policy decision taken by the government to ease congestion, the said decision has been taken upon a discretionary power vested with it for a good cause and not otherwise. The park is to be used only as a park and the present park is relocated to the adjacent area, without any reduction in space and change of its characteristics.” 

The government had submitted that the total area of the park which is 2,704 sqm will not be reduced during relocation and the relocated park will have facilities such as children play area, walking area, adult exercise area, yoga centre, volleyball court, etc. The petitioner had contended that the Corporation had come out with the road expansion project at the first place to help a builder who has embarked on putting up a multi-storey building on Perambur Barracks Road. The park maintained since 1948 in memory of Selvapathy Chettiar, founder of the Madras Labour Union was demolished in March this year. Workers armed with jackhammers and bull dozers descended during the night and demolished it within a few hours leaving just the tower clock behind. The episode had left the neighbourhood in shock especially the haste in which the demolition had transpired.