Construction of bridge over govt land
Respected Sir, I wish to bring to your kind notice that me along with my Sons and Daughter-in-laws own property in Ootacamund town. Our land is situated in two plots and the “Kodapmund Channel” passes in between the said property. We in order to reach the land situated to the West of the “Kodapmund Channel” from our land situated on the East of the said channel had applied to the PWD seeking permission for laying a small connecting bridge across the said “Kodapmund Channel” and on getting the necessary permission we stated building the small connecting bridge. When almost 90% of the construction work was complete- The Commissioner, Ootacamund Municipality, Tahsildar, Ootacamund, Councilor of Ward – No.9 accompanied with a few staffs from the Ootacamund Municipality and office of the Tahsildar Ootacamund came to our property and objected us putting up the said construction. As I being a law abiding citizen explained my need for putting up the said connecting bridge to the said officials but they were not willing to consider my request and had accused me and my sons by saying that we are putting up an illegal construction over the “Kodapmund Channel”. Also there were threatening articles in the Newspaper almost everyday by the Commissioner saying that they will destroy my bridge. Not knowing what to do I asked my son Abdul Rasheed to apply to the Collector(Nilgiris) to permit us to finish herewith the laying of the small connecting bridge. Also along with my Sons and Daughter-in-laws I had made a representation to the Commissioner Ootacamund Municipality requesting for permission.
Finding no response for all my efforts I was left with no other option but to approach the Honorable High Court Chennai under W.P. No29561 OF 2015. During the course of the arguments by the respected Government Pleader in the said additional W.P. it was represented to the Honorable High Court that the P.W.D permission dated 30/10/2013 issued to me and referred above is only a “Technical Opinion” and basing the said Technical opinion I should have applied to the District Collector for permission.
Under the circumstances I requested our honorable Collector and Municipality to issue NOC to continue my construction but it’s been 3 weeks and I still haven’t got any reply from the both. Now I like to know if you have any case law for such issues happened in the past so that it would be very helpful for me to resolve my case, also I wish to know if Municipality has any hand over this case. Do they really have authority to stop my construction? I kindly request you to advise me on how to carry forward in seeking permission to compete the Bridge. Please advise at your earliest convience.
Asked 2 years ago in Constitutional Law from ooty, Tamil Nadu
1) it s your case that PWD had originally granted you permission to construct the bridge yo access your land of the other side of channel
2) if what PWD had given is only technical opinion you would need permission of local authorities to construct the bridge
3) you have not mentioned what order has been passed by HC in writ petition filed by you
4) if you have applied for permission and there is no response file an RTI application wth the collector as to what action has been taken on your application for permission
5)if your writ petition is pending you can amend your petition and seek orders to direct collector to grant you permission for construction of the bridge
1. If the permission was granted then it cannot be termed as 'technical opinion'. You should have moved the Supreme Court if required.
2. The alternative remedy is to again file a writ in the HC to obligate the collector to issue the NOC. They have the authority to stop the construction but this can be done only to stop the construction which is unauthorized and in public interest.
3. Case law is not required as every case is special on the face of its own merits.