The Hindu : Tamil Nadu News : Show-cause mala fide: DMK Trust

Online edition of India's National Newspaper
Monday, Jul 19, 2004

Tamil Nadu

Tamil Nadu

Show-cause mala fide: DMK Trust

By Our Special Correspondent

CHENNAI, JULY 18. The Dravida Munnetra Kazhagam Charitable Trust has contended that the show-cause notice, asking why the open space reservation (OSR) land in front of the DMK office on Anna Salai here should not be taken over, was issued by the Housing Secretary "without proper verification of records" and "at the instance of the party in power with a mala fide intention."

Calling upon him to withdraw the notice and drop the proceedings, it said the letter-cum-show-cause notice was an act of "political vendetta" sent "on hearsay and issued at the instance of the higher-ups in the administration."

The Housing Secretary on June 29 sent a letter to the chairman of the Trust, saying the mandated OSR area was not set apart in the DMK headquarters, Anna Arivalayam. The Development Control Rules for the city mandate that constructions on land bigger than 10,000 square metres be taken up after setting apart 10 per cent of the site for open space. The OSR area must be handed over to the local body or development authority by a gift deed. The DMK headquarters is spread over about 18,000 square metres.

The show-cause letter said the OSR land should have been maintained as a park and set apart for the use of the people, according to a Government Order. But this rule was violated.

Interim reply

The Trust's reply, dated July 4, was released to the press on Saturday. The DMK said the Trust was "sending an interim reply" as "otherwise it is likely that you may pass orders because of the pressure brought upon you by the higher-ups in the administration." The Trust said it would send a "final reply" on receipt of documents including a letter from the Corporation Commissioner to the Housing Secretary and some appeal orders which he relied on to send the notice.

The seven-page reply said the OSR land was named "Arignar Anna Recreation Park." There was no construction on this land at any point of time, the founder and managing trustee of the Trust, M. Karunanidhi, said in the letter.

"Subsequent to the exemption granted in 1988, in 1996 when a revised plan was submitted for construction of a new hall after demolishing the existing building, the authorities pointed out that as per the plan submitted, a portion of the building will fall within the OSR. The Trust therefore submitted a revised plan with a request to the CMDA for shifting the OSR area from the northeastern corner to the open space abutting Anna Salai. The CMDA on its own forwarded the application to the Government. The Government accepted the request of the Trust and allowed it to shift the location of the OSR to the land abutting Anna Salai. Your stand that the order of the Secretary, Housing & Urban Development, cannot modify the statutory order is therefore unsustainable," Mr. Karunanidhi said and detailed the procedures involved in the shifting.

"The Government permitted such shifting. In the above circumstances, there is no violation of the order of exemption."

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