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Judgment
P.K. Misra, J.—Heard all the counsel appearing for the parties.
This case clearly indicates the lackadaisical attitude shown by all concerned in implementing the Government Order in G.O.Ms. No. 62,
Housing and Urban Development (UD III (1) Department, dated 23.02.1999 that set the deadline as 28.02.1999 for shifting the wholesale trading
of Iron and Steel goods from George Town area to Sathangadu. Now, 10 years have gone. Unfortunately, the things moved only at snail''s pace
forcing this Court to issue several directions from time to time for personal appearances of officers concerned and for filing of status reports.
Considering the nature of grievance of the people living in the George Town area, which is a residential area, i.e. residents in the George Town
residential area suffer sleepless nights due to loading and unloading of Iron and Steel materials and allied industrial activities such as welding etc., in
view of the carrying on of the wholesale trade in Iron and Steel materials, as the matter involves Article 21 of the Constitution, this Court took an
activist approach in public interest and issued several directions as detailed herein below which this Court would not do in normal circumstances.
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Act 24 of 1996 namely, the Tamil Nadu Specified Commodities Markets
(Regulation of Location) Act, 1996. The object of the Act is to regulate the location of market areas of wholesale markets in respect of specified
commodities in Madras Metropolitan area, taking into account the fast growth of population and commercial activities, the congestion and
consequential traffic, accommodation and other problems in Madras Metropolitan area. The above said statue was enacted to shift as many
commercial activities as possible to other areas to decongest the affected areas in the public interest.
In order to achieve the aforesaid objective, market areas are declared u/s 4 of the Tamil Nadu Act 24 of 1996 for the wholesale trade of the
specified commodities and the wholesale trade of the specified commodities should confine to those market areas alone and the Metropolitan city
is thus decongested.
The aforementioned G.O.Ms. No. 62 dated 23.02.1999 is one such Notification issued u/s 4 of the Tamil Nadu Act 24 of 1996 declaring
Sathangadu Iron and Steel Market Area"" to be the market area for Chennai Metropolitan area in respect of iron and steel materials, which is one
of the specified commodities under the schedule to the Act as defined in Section 2(13) of the Act.
In fact, according to the said Government Order, earlier it was notified that the shifting of the wholesale trade in iron and steels to the new
market area was with effect from 01.03.1998. However, considering the request made from the trading communities involved in the wholesale
trade in iron and steel, the dead line was extended from 01.03.1998 to 28.02.1999 by the aforesaid Government Order.
The first petitioner herein moved the Public Interest Litigation, for a direction to shift the iron and steel market godowns from George Town
residential area to Sathangadu as per the Government Order, since the wholesale trade in iron and steel is carried on in the George Town for years
together even after the aforesaid Government Order.
The second petitioner was impleaded by an order dated 01.07.2008 as he is a permanent resident of the George Town area and he made a
grievance that he was seriously affected due to the carrying on of the wholesale trade in iron and steel in the area affecting his normal life.
Respondent 7, Housing and Urban Development Department and respondent 8, Chennai Metropolitan Development Authority (in short
CMDA) were impleaded by order dated 02.11.2006 and 22.02.2007 respectively. Respondents 9 to 12, the Associations of Wholesale Traders
in Iron and Steel, were impleaded suo motu by this Court on 28.02.2008.
As per the counter affidavit of CMDA, the CMDA developed iron and steel market area at Sathangadu village in an extent of 203 acres. It is
further stated that 35.51 acres were allotted to Steel Authority of India Ltd., (SAIL) and 13.21 acres were allotted to Vishakapatnam Steel Plant
besides developing 850 plots of varying size from one ground to three grounds for the traders and 629 plots out of those plots were allotted to the
traders. Paragraph No. 6 of the counter affidavit filed by the CMDA, which is relevant, is extracted here-under:
This respondent submits that the Government in G.O.Ms. No. 62, Housing and Urban Development Department, dated 23.2.99 issued orders
u/s 4(1) of Tamil Nadu Specified Commodities Act, 1996 declaring the Iron and Steel Market at Sathangadu as ""Market Area"" for wholesale
trade in Iron and Steel goods with effect from 1.3.99 and the same was published in Tamil Nadu Government Gazette under Part II Section 2,,
dated 1.3.1999. The Corporation of Chennai and Commercial Tax Department were requested not to issue fresh licenses and refuse the renewal
of licenses to the Iron and Steel Traders in George Town Area. The Joint Commissioner of Police (Traffic) was requested to stop all heavy vehicle
movements in George Town area. In this regard, a meeting was also convened on 24.3.1999 at CMDA with the Iron and Steel Traders
Association. The Deputy Commissioner of Police and Revenue Officer of the Chennai Corporation attended the meeting. The traders were
informed on the notification of declaring the Iron and Steel Market, Sathangadu as market area for the Iron and Steel trade and requested to
construct the building and start the business at the new market. The Deputy Commissioner of Police (Traffic) assured to provide all the assistances
and support in enforcing prohibition of lorry movement in George Town area. The Chennai Corporation officials informed that Chennai
Corporation is not issuing trade license for the Iron and Steel business as it does not require license under Municipal Corporation Act.
Though it was stated by the CMDA in their counter affidavit as stated above that the Corporation of Chennai and Commercial Tax
Department were requested not to issue fresh licenses and to refuse the renewal of licenses to iron and steel traders in George Town Area and the
Joint Commissioner of Police (Traffic) was requested to stop all the heavy vehicles movement in George Town area, the wholesale trade merrily
continued in the George Town area.
In the said circumstances, since two years were over after filing of the writ petition, this Court on 09.06.2008 directed CMDA to file status
report. Accordingly, the CMDA filed a status report dated 23.06.2008.
Since the status report filed by the CMDA showed no progress in shifting of the wholesale trade in Iron and Steel to Sathangadu Market Area,
this Court was forced to pass the following order on 14.07.2008 so as to issue positive direction to implement the Government Order in G.O.Ms.
No. 62 dated 23.02.1999.
we feel that in order to expedite the entire process, it would be better if all the officers concerned remain present in Court so that the acute and
chronic problem can be sorted out. Accordingly, respondents 1 to 5, 7 herein, the Additional Commissioner (Traffic), Chennai and the Deputy
Commissioner (Traffic)-North shall be present in Court on 18.7.2008 at 2.30 pm.
The concerned officers were present on 18.07.2008 pursuant to the order of this Court. In the presence of all the officers concerned, as the
matter involves public interest, this Court on 18.07.2008 issued the following positive direction that the shifting should be completed before
31.03.2009.
Pursuant to the earlier direction of this Court dated 14.7.2008, all the officers concerned are present.
The office bearers of the various associations along with their advocates are also present.
We have heard the petitioner No. 1 in person, the learned Counsel appearing for the petitioner No. 2 and the learned Counsels appearing for all
the respondents. We have also heard the officers who are present.
It is tentatively decided that the process of shifting iron and steel market should be completed at least by 31st March, 2009.
The learned Counsel appearing for the association submitted that some infrastructure is not available. The Officers present, stated that such
infrastructures should be made available within a period of three to four months.
The State shall take steps for obtaining planning permission, for which the learned Counsel for the CMDA states that as and when the
applications filed, such applications shall be proceeded as expeditiously as possible.
In course of hearing, we are convinced that at times the materials are stored on the road and heavy vehicles are entering, which obviously cause
obstruction to the free flow of traffic.
It would be the duty of the police officer to ensure that there is no hindrance to the free flow of traffic and if there is any irregular movements of
heavy vehicles, such movements should be controlled.
One of the grievances of the petitioner is that the activities such as cutting and welding of the iron goods took place in the open, thereby causing
health hazardous, the learned Counsel for the association submitted that necessary steps would be taken by the association to prevent any such
illegal welding or cutting and also storing of materials on road.
The learned Counsel for the association also expressed apprehension regarding lack of security in safeguarding the iron and steel market. The
Commissioner of Police, Chennai South and the Home Secretary, who are present assured that necessary security arrangements in the place will
be strengthened in accordance with the requirements.
The traffic police would monitor the question of free flow of traffic and prevent any unnecessary congestion on account of movement of lorries
in violation of the Rules and Regulations.
The matter shall be listed on 28.11.2008 for further orders and for filing status report. The officers need not be present on that day.
This Court had stated in categorical terms that the process of shifting of iron and steel market should be completed ""at least"" by 31.03.2009
and the matter was posted to 28.11.2008 for further orders and for filing status report.
Accordingly, the CMDA filed a status report dated 27.11.2008. This Court, thus monitored the whole issue and directed the CMDA to file
status report periodically.
Since the petitioners complained that the order dated 18.07.2008 was not properly implemented, this Court passed an order dated
12.12.2008 directing the sixth respondent and the Member Secretary, CMDA, to be present on 17.12.2008.
The concerned respondents were present on 17.12.2008 and they produced certain records pleading that there were progress in the matter.
The same was recorded by this Court as follows:
Pursuant to the order dated 12.12.2008, Respondents 6 and 8 are present. They have produced certain records indicating initiation of certain
proceedings....
In the meantime, the matter was listed on various dates and there was no significant progress.
Hence, this Court on 03.04.2009, considering the status report dated 02.04.2009 of the CMDA passed the following order:
This petition has been filed by respondents 9 to 11 for extension of time to comply with the order dated 18.07.2008 passed by this Court in
W.P. No. 41822 of 2006.
The 8th respondent - C.M.D.A. has filed a status report. We are very sorry to record that all the official respondents have been very tardy in
implementing the earlier direction of this Court, which was passed on the basis of Government Order issued by such official respondents.
Since sincere efforts have not been made by the official respondents to implement the Government Order based upon which earlier orders have
been passed by this Court even though more than a year has lapsed in the meantime, prima facie, it is apparent that the orders of this Court have
not been complied with and therefore, it is a fit case where ultimately contempt proceedings should be initiated. However, we feel it appropriate to
give last chance to the official respondents to furnish status report relating to further action.
This matter shall be listed on 20th April 2009. The petitioners in the writ petition may file their counter in the meantime. The question as to
whether any contempt proceedings should be initiated or not shall be decided on 20th April, 2009. In the meantime, sufficient police protection
should be given to both the writ petitioners.
This Court was pained to note that the order dated 18.07.2008 of this Court was observed more in breach as the process of shifting the
wholesale trade in iron and steel to Sathangadu was to be completed at least before 31.03.2009 as per the said order and the same was not
complied with. However, the matter was adjourned giving last chance to the official respondents to furnish a status report relating to further action.
The activist approach of this Court brought the desired result as the learned Special Government Pleader, on 29.04.2009, stated that draft
notification on the issue is pending before the Secretary concerned. Therefore, this Court directed on 29.04.2009 to the Secretary concerned, with
whom notification is pending shall remain present on 30.04.2009 to explain as to what action had been taken.
Accordingly, the learned Additional Law Secretary is present today and he states that even though the draft notifications are ready, some time
may be required to complete all the technicalities. It is stated that now the infrastructure facilities such as road, electrical work, administrative
building, amenity building, auto workshop and lorry parking, telephone exchange, police station, petrol bunk, water supply, storm water drains,
sewerage connection, public convenience, weigh bridge etc., were provided and only some time is required to complete the technicalities to issue
the final notification. This is also the opinion expressed by Mr. P. S. Raman, learned Additional Advocate General, who is appearing for the
CMDA.
A petition for extension of time for six months i.e. Upto 30.09.2009 for shifting the wholesale trade in Iron and Steel from George Town area
has been filed on behalf of respondents 9 to 11. The petitioners, who are espousing the cause of the local residents, opposed any extension of time
stating that under some pretext or the other, the matter is being delayed and it is now more than a decade has expired after the issuance of the
G.O.Ms. No. 62 setting deadline for shifting at 28.02.1999. Since a decade is over, the petitioners states that there is no reason to grant further
extension of time as sought by the wholesale traders. It is also pointed out that the Additional Law Secretary who is present in the Court today
pleads only for some time to complete the technicalities alone pointing out all the substantial works were completed for market area and therefore,
no further time need be given.
Having regard to all these aspects, we dispose of the writ petition with the positive direction that all steps shall be taken to shift the iron and
steel market on or before 15th June 2009. It is also made clear that any transgression of this direction, would obviously result in initiation of
proceedings under the Contempt of Courts Act. This order is passed in the presence of the concerned officers, so that the authorities concerned
must start taking appropriate action, without waiting for service of the formal order, which may be issued later.
The police protection extended to the petitioners shall continue till the end of June, 2009.
With the above observations and directions, the writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No
costs.