Use of Public Park - As Micro Composting Centre (MCC) In implementation of Solid Waste Management Rules of 2016 - 'permissible deviation' under Act of 1971 r.w. Development Control Rules framed thereunder.

Citation

AIROnline 2021 Mad 3959

Madras High Court R. MAHADEVAN, J., V. PARTHIBAN, J. and MS.

P. T. ASHA, J.

WA-4078 of 2019 D/-7-10-2021

P. Karthikeyan V. Commissioner Corporation Coimbatore

Tamil Nadu Town and Country Planning Act (35 of 1972), S.32, S.33, S.2(13), S.2(34), S.2(36), S.3, S.47, S.48, S.49, S.58 - Environment (Protection) Act (29 of 1986), S.3, S.6, S.25 Use of Public Park - As Micro Composting Centre (MCC) In implementation of Solid Waste Management Rules of 2016 - Joint gift deed of land Executed by Petitioners-registered - association of residents of SIDCO Nagar in favour of Executive Officer, Town Panchayat - Land to be used as public park Uninterrupted enjoyment of park since 1992 by Petitioner-donors - When action of State is questioned and when it comes up for judicial review before Constitutional Court, touchstone of consideration is whether objects which are sought to be achieved by State have any nexus with public interest or not - There cannot be selective enjoyment by people - Location of MCC or Compost Yard in a park or open recreational space 'permissible deviation' under Act of 1971 r.w. Development Control Rules framed thereunder - Directions issued for proper implementation of SWM Rules of 2016.