Graveyard and garbage dump - construction
Querist :
Anonymous
(Querist) 11 August 2023
This query is : Resolved
Hello Sir,
I bought plot in 2020 at Chennai outskirt which comes under cmda limit.
There are 300 Plots both in phase and phase 2 and few couple of residents are there already and few constructing houses, ad expecting atleast 100 plus houses nearby year.
Now, we encounter that local panchayat is building graveyard within 90 meters from our premises and also heard that garbage dump also is going to come.
The land promoter not even conveyed us and says he is not aware of it, Pls guide us what to do in this scenario to stop the burial ground and garbabge. right now we filed rti but the process is stll going. Kindl advise
tnx
kavksatyanarayana
(Expert) 11 August 2023
You have already processed it through RTI to stop the construction of the burial ground and garbage. To my best, under the Master Plan Rules of cmda, in open spaces and recreational use zone, permission may be issued with the special sanction of the CMDA: i) Theme parks and amusement parks ii) Open Air Theatre, Exhibitions, Circuses, Fairs and Festival grounds, public utilities. iii) Burial and burning grounds or crematoria.
T. Kalaiselvan, Advocate
(Expert) 12 August 2023
The policy decision of government in this regard cannot be challenged even in the court.
The suggested writ petitions in this regard also may not fetch you any relief.
If you apprehend any harm due to this, then yo may better cancel the agreement or booking and ask for refund for the same reason
Dr. J C Vashista
(Expert) 12 August 2023
Move a writ petition before High Court through a local prudent lawyer
Querist :
Anonymous
(Querist) 12 August 2023
Ok sir .. thanks for your reply..
Will seek an local lawyer advise as suggested