HC restrains CMDA,KWMC from alloting shops in complex

: Madras High Court has restrained Chennai Metropolitan Development Authority and Koyambedu Wholesale Market Complex from allotting service shops, built on the area earmarked for traders in Koyambedu complex, to select individuals.
The First bench,comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh passed an interim order yesterday on a PIL filed by a traders body, the 'Koyambedu Kaai, Kani, Malar Viyabarigal Nalasangam', challenging CMDA's decision to allot 29 service shops in the complex to select individuals.
The bench also issued notice to Member Secretary, CMDA and Chief Administrative officer, Koyambedu Wholesale Market Complex while directing them to file a counter in four weeks.

The matter pertains to the February 18 2016 decision of CMDA to allot 29 service shops, constructed on the site, which served as the loading and unloading ramp area of wholesale and retail traders in the complex, to select individuals, without issuing any notification on the same.
The petitioner submitted that the construction of 29 shops itself was impermissible under law as it was carried out by change of user (amenity provided to traders).
The shops had been constructed by converting the loading and unloading ramp areas, one of the basic requirements of traders, in an unfair manner and the same cannot grabbed by

CMDA to benefit a few individuals, he contended.
The open space and amenities belonged to all traders and hence CMDA does not have any right over the common area or the amenities provided in KWMC, the petition said.
The petitioner prayed for a direction to prevent CMDA from allotting any portion or shops, which was constructed by CMDA to any individual and direct it to restore the same to traders of the Koyambedu Wholesale Market Complex.