Vaishnavi Jayakumar v. Chennai Metropolitan Development Authority, Rep. by its Secretary, Chennai
2024-01-24
D.BHARATHA CHAKRAVARTHY, SANJAY V.GANGAPURWALA
body2024
DigiLaw.ai
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to forthwith take necessary measures to ensure that the Kilambakkam Bus Terminus is fully compliant with design and standards prescribed in the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021 by carrying out necessary retrofitting.) Sanjay V. Gangapurwala, CJ. 1. The petition is filed seeking directions against the first respondent to take necessary measures so as to ensure that the Kilambakkam Bus Terminus is fully compliant with design and standards prescribed in the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. 2. We have heard Ms.B.Poongkhulali, learned counsel for the petitioner; Mr.R.Sivakumar, learned counsel for the first respondent; and Mr.P.Muthukumar, learned State Government Pleader for the second respondent. 3. It is submitted that, in the audit report, 17 deficiencies were pointed out. The first respondent has issued work orders with regard to seven deficiencies and with regard to the remaining ten deficiencies, the work orders would be issued. 4. The concern of learned counsel for the petitioner is that the work orders that would be issued shall specify the exact nature of the works to be carried out in tune with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. 5. The audit report is on record and is available with the first respondent. Naturally, the works to be carried out have to be detailed in accordance with the audit report and the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. 6. Learned counsel for the first respondent, on instructions, submits that for the remaining ten works, the tenders would be issued within two months from today. The tenders would contain all the details of the works to be carried out in accordance with the audit report and the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. The said statement is accepted. 7. Learned counsel for the petitioner further submits that four bus stands are coming up at Koothambakkam, Venpakkam, Varadarajapuram and Mamallapuram. 8. Naturally, the aforesaid bus stands will have to be constructed in compliance with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021 and the first respondent shall take necessary steps while issuing the tender notice. 9.
7. Learned counsel for the petitioner further submits that four bus stands are coming up at Koothambakkam, Venpakkam, Varadarajapuram and Mamallapuram. 8. Naturally, the aforesaid bus stands will have to be constructed in compliance with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021 and the first respondent shall take necessary steps while issuing the tender notice. 9. We would appreciate if the Access Auditors would make periodical inspection during the construction activity of the bus stands and make necessary suggestions as and when required. 10. With these observations and directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.29550 and 29551 of 2023 are closed. The necessary compliance be placed on record on 25.3.2024.