Case Note & Summary
The appellant, Meston Education and Development Association (P) Ltd., filed a writ petition challenging a notice dated 31.07.2024 issued by the Chennai Metro Rail Limited (CMRL) during soil investigation works prior to tunnelling for the metro rail project. The CMRL project is a public project undertaken for the benefit of Chennai city residents. The appellant, associated with a school where a large number of students study, apprehended damage from the soil investigation and tunnelling activities. Before the writ court, CMRL filed an affidavit stating that if settlements exceed the alert level of 10mm, occupants would be evacuated and alternate arrangements would be made at CMRL's cost. CMRL further undertook to make alternate arrangements in the event of any damage. Considering this undertaking, the Single Judge dismissed the writ petition on 19.08.2024, recording the undertaking and granting liberty to the appellant to negotiate with CMRL for resolving issues, with a directive for CMRL to consider the appellant's consent given the presence of students. Aggrieved, the appellant filed the present writ appeal. The division bench, after considering the same undertaking and the public nature of the project, held that the writ appeal was unnecessary. It recorded that adequate precautions had been taken and that CMRL was bound by its undertaking. The court dismissed the appeal, confirming the liberty to negotiate, and closed the connected miscellaneous petition without costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226, Constitution of India, 1950 - Challenge to administrative notice - Writ petition challenging CMRL notice for soil investigation dismissed as infructuous after CMRL filed undertaking to ensure safety and provide alternate accommodation in case of damage; Held that the writ petition was unnecessary and granted liberty to negotiate; appeal dismissed (Paras 2-5).
Issue of Consideration
Whether the writ petition challenging CMRL's notice for soil investigation was maintainable in light of the undertaking given by CMRL to ensure safety and provide alternate arrangements?
Final Decision
Writ Appeal dismissed. The undertaking by CMRL recorded, and liberty granted to appellant to negotiate with CMRL. No costs.
Law Points
- Undertaking by public authority in public project can render writ petition unnecessary
- Liberty to negotiate with authorities
- Writ petition dismissed as infructuous upon acceptance of undertaking
