Wednesday, June 6, 2018

TN arch proposal to commemorate MGR birth centenary faces legal hurdle

C Shivakumar @ Chennai:
Tamil Nadu government is planning to build an arch worth Rs 252 lakh to mark Dr MGR’s birth centenary year at Kamarajar Salai but the hitch is Coastal Regulation Zone Clearance and Supreme Court order which bans construction of any structure on public roads.
Official sources told Express that the state government accorded permission to build the arch on March 7, 2018 and chief architect of Public Works Department has evolved a detailed drawing for the proposed arch which is being constructed across Kamrajar Salai in between the entrance gate of Public Works Department and Presidency College.
However, the work is stalled over required no-objection certificate from the state government  which officials say is being mulled following the Supreme Court order passed on January 18, 2013 pertaining to structures or statue in public road.
In the order passed by Justices R M Lodha and S J Mukhopadhaya on an application challenging the Kerala government’s permission to a private society to install the statue of public figure on roads, had passed an order directing that henceforth, state governments shall not grant any permission for installation of any statue or construction of any statue in public roads, pavements, sideways and other public utility places.
Initially, it is learnt that Greater Chennai Corporation, which got the application from PWD department, had forwarded it to Chennai Metropolitan Development Authority as the height of the proposed arch is more than 15.25 metres . Corporation sources told Express that since the proposal is for a memorial, CMDA has to accord special sanction under Rule 20 (1) of development regulations.
However, the blueprint of arch is alleged to be faulty. “As street alignment of 30 metres is proposed in second master plan for Kamarajar sala, the proposed arch width is 20 metres. PWD has been asked to confirm on whether the 20 metre wide arch could suffice on 30 metre wide road,” sources added.
However, it is now not CMDA but revenue department which will have a final say on the proposal.
Sources said that in view of Supreme Court order, the Municipal Administration and Water Supply Secretary has addressed the issue to Chennai police Commissioner and district collector for reports. Sources indicated that a final clearance would be given only after getting the clearance of revenue department, which is the nodal department after it scrutinses the report from the district collector. "The final order will be issued by the revenue department after getting the concurrence of Chief Minister," sources added.

Meanwhile remarks have been sought from the Heritage Conservation Committee as Justice E Padmanabhan Committee report has listed Marina Beach buildings as Grade-1. Similarly, as per the Coastal regulation Zone regulation, any proposed construction which falls on landward side of any public road or any authorised structures, the Greater Chennai Corporation has to inform the status of the road passing in between Marina Beach and Kamarajar Salai to confirm whether the proposed construction of arch conforms to Coastal Regulation Zone --II regulation. 
Factfile;
1. TN government to build an arch at Kamarajar Salai to commemorate Dr MGR centenary year celebration.
2. The arch which will be built across the Kamarajar Salai in between the entrance gate of Public Works Department and Presidency College will cost the exchequer rs 252 crore.
3. The No Objection certificate for the proposal is facing legal hurdle as Supreme court in its judgement has stated that permission should not be granted for installation of statue or construction of any structure on public roads, pavements, slideways and other public utility places
4.  The drawing of PWD is faulty as street alignment of 30 metres is proposed in second master plan for Kamarajar sala, the proposed arch width is 20 metres.
5.  Remarks have been sought from the Heritage Conservation Committee as Justice E Padmanabhan Committee report has listed Marina Beach buildings as Grade-

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