The Supreme Court on Tuesday saved the day for Tamil Nadu Cricket Association (TNCA) and thousands of cricket fans by throwing open the three stands of MA Chidambaram Stadium to public, but not before criticising the Chennai Corporation’s delayed “sealing” of the stands, long after it was discovered to be an illegal construction.
Though the court ordered the seal to be put back after Tuesday’s IPl match, it termed as unfortunate how three “illegal” stands were allowed to be raised in the first place. With the Chennai Corporation moving in to seal the structures as late as on May 12, the Court questioned the belated vigilance of the municipal body to wake up so late in the day while allowing eight months for it to come up.
“It is unfortunate for any country that a cricket body becomes so powerful to flout rules,” said the Vacation Bench of Justices BS Chauhan and Dipak Misra. The facts in the case suggested that on August 8, 2011, the corporation served a notice of demolition on Tamil Nadu Cricket Association (TNCA) — the operator of the stadium under Section 56 of the Tamil Nadu Town and Country Planning Act. However, sealing action was undertaken only on May 12 this year.
Senior advocate V Giri, who appeared for the corporation, said, “Ad-hocism cannot substitute rule of law. Just because they are a powerful cricket body it cannot flout law.” But the court found it a strange argument coming from the corporation which acted as a mute spectator when the illegal structures came up.
Pulling up the corporation on for not sealing the structures the very next day of serving showcause notice, the Bench said, “We are thinking of the ground reality. The stadium is situated exactly in front of the State guesthouse. Can we believe you do not know what is going onIJ”
Suspecting an underhand collusion, the bench observed, “You permit them (TNCA) eight months time to raise illegal construction…why your sympathy has changed now after everything has come upIJ”
Giri replied, “We expect them to know law as they (TNCA) comprise of top lawyers.” TNCA is headed by BCCI Chairman N Srinivasan and other board members comprising lawyers. This explained why the corporation found itself weak to nip the illegality when it was first noticed in 2011.
Not wanting to be confronted on merits, the Bench agreed to open the seals put on ‘I’, ‘J’ and ‘K’ stands only for this match. For any future match, permission of the court would be mandatory, the Bench said.