HC closes contempt plea against Corp Commissioner, Collector

The Madras High Court today closed a contempt petition against Chennai Corporation Commissioner and Collector against the non-removal of encroachments on an arterial road after they tendered an unconditional apology, but warned that non-complaince "will be under pain of revival of contempt proceedings."
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, stated this after recording assurance by the Corporation that any remaining gravel at the site would be removed in next 10 days and work on laying the road would be completed in a month.
L T William Moses in his petition had sought a direction to them to initiate proceedings to widen the road on both sides for smooth plying of traffic within a time frame to be stipulated by the Court and file a report.

The court had on November 7, 2012 directed the Corporation to remove encroachments with the help of police and also take steps to widen the road, including forwarding of proposal to the government.
Moses filed a contempt petition stating that the government had not taken any action till January 20, 2014 on it's orders. He said that he also sought to know the status of work on the basis of the HC order and got a reply that they are in process of doing a survey and would proceed further once that was over.
When the contempt petition came up before the First Bench today, counters were filed by the Collector and Commissioner, stating that Chennai Metropolitan Development Authority listed 14 roads for widening in the Second Master Plan, among which one was the road mentioned.

As such land acquisition consultant has been appointed and a survey was completed, they said, adding, sanction was also taken from the Corporation Council to widen the road besides separate action to remove encroachments in coordination with revenue officials.

The Collector said a special team was formed for the survey and measuring the land due for acquisition and Land Plan Schedule proceedings were also initiated.
Stating that all gravel and other material obstructing the road will be removed, they tendered an unconditional apology to the Court.
After going through the counter affidavits, the bench closed the contempt petition, warning the authorities, "We make it clear, that non-compliance will be under the pain of revival of contempt proceedings.