Madras High Court has set aside orders of the Tamil Nadu Housing and Urban Development Department, the Chennai Metropolitan Development Authority, Chennai Corporation and the Additional Commissioner of Police in 2011 and 2012 restraining the Tamil Nadu Cricket Association from using the re-constructed I, J and K stands in the MA Chidambaram Stadium here.

The First Bench comprising acting Chief Justice Elipe Dharma Rao and Justice Aruna Jagadeesan quashed the orders while allowing two petitions and disposing one of the TNCA on February 6, observing there was no fault on the Association’s part in seeking permission for construction.

Pursuant to the interim orders passed by the court on two earlier occasions, no untoward incident of any sort had been reported. This would undoubtedly disprove the apprehensions of the official respondents, the bench said.

“As such we have no hesitation to hold that the lock and seal order passed by the Chennai Corporation is not sustainable in law since it lacked judicious consideration of the facts and circumstances,” the bench said.

Disposing of the third petition, the bench directed TNCA to re-submit its application for consent to the Tamil Nadu Pollution Control Board within a week.

The PCB should dispose of the same in six weeks in accordance with law and keeping the observations and findings of this court in this order, the bench added.

(This article was published on February 8, 2013)
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