Appeal to Government for take over SRM University to protect the life and future of the students.

Copy of Complaint petition send to Central and State Govt., authorities to initiate action against Valliammal Society of SRM University for violating Fire Laws, Town and Country Planning Laws, Building laws and for not obtaining permission from the statutory authorities with a request to stop the operation from the unauthorized building and to take over Valliammal Society and SRM University to Government to protect the life and future of the students and parents.

Already complaint was send to State Govt., authorities on 04.03.2015 and all the documents are listed and annexed. The English Translated Version for the above said documents also enclosed along with the present complaint.

Untitled

Date : 06.03.2015

To

 

  1. The Secretary to Govt., of India,

Ministry of Health and Family Welfare,

Department of Health & Family Welfare

NirmanBhavan, New Delhi.

2. The Medical Council of India,

Pocket- 14 , Sector – 8, Dwarka Phase -1
New Delhi – 110077, INDIA

3. The Member Secretary,

All India Council for Technical Education,

7thFloor, Chanderlok Building
Janpath, New Delhi-110 001

4. The Regional Officer,

All India Council for Technical Education,

South Regional Office,

“ShastriBhavan”, 26, Haddows Road,

Nungambakkam, Chennai – 600 006

5. The Secretary to Govt., of India,

Ministry of Human resource Development,

Department of High Education,

ShastriBhavan,  Jeevan Deep Building,

Parliament Street, West Block No. 1, R.K.Puram,

New Delhi – 110 001.

6. The Secretary to Govt., of India,

Ministry of Science and Technology,

Department of Science and Technology,

Technology Bhavan, New Mehrauli Road,

New Delhi – 110 016

7. His Excellency the Governor of Tamilnadu,

Raj Bhavan, Chennai – 600 022.

8. The Chief Secretary to Govt., of Tamilnadu

St.George Fort, Chennai.

9. The Additional Secretary to Govt., of Tamilnadu

Department of Environment,  St. George Fort, Chennai

10. The Secretary to Govt., of Tamilnadu,

Higher Education Department,    Secretariate, Chennai – 9

11. The Director of Town and Country planning,

Office of the Directorate of Town and Country Planning

No. 807, Anna Salai, Chennai.

12. The Director of Fire and Rescue Services,

Fire and Rescue Services,

No.1, Greams Road (Commercial Tax Annexe Building),

Thousand Lights, Chennai – 600 006.

13. The Secretary to Govt., of Tamilnadu,

Public Works Department,

Secretariate, Chennai.

14. The Chairman,

Central Ground Water Authority,

West Block-II, Wing-3 (Ground Floor),

Sector-1, R.K.Puram, New Delhi – 110066
15. The Chief Engineer, WRD / PWD,

State Ground and Surface WaterResources Data Centre,

Tharamani, Chennai – 600 113

16. The Member Secretary,

State Level Environment Impact Assessment Authority,

4-D, PanagalMaligai,  Saidapet,  Chennai – 600 015.

17. The District Collector,

Collectoratre, Kancheepuram

18. The Deputy Director of Town and Country Planning (i/c),

Chengalpattu Region,

13, Varadharajar Street,

Vedachalam Nagar,    Chengalpattu – 603 001.

19. The Member Secretary(i/c),

Kancheepuram Local PlanningAuthority,

No.22/11, VaikundaperumalSannathi Street,

Kancheepuram – 631 501.

20. The Deputy Director,

Fire and Rescue Services,

North Western Region,

Kancheepuram Division

Kancheepuram – 631 501

21. The Member Secretary,

Tamilnadu Pollution Control Board,

76, Mount Salai, Guindy, Chennai – 32

22. The Vice Chancellor,

Anna University,  Chennai – 600 025

23. The Vice Chancellor,

The TamilnaduDr.M.G.R. Medical University,

No. 69, Anna Salai, Guindy, Chennai – 600 032

Respected  Sir,

Sub : Medical College and Engineering College run by SRM Universities without proper building plans etc., – Got the approval by furnishing false information – request to initiate action against the University and to take over the University by Govt., -reg

 

Ref :1. Tamilnadu Government  G.O. Ms.No. 11 Revenue  Department dated 20.01.1997

  1. Tamilnadu Protection of Tank and Eviction of Encroachment Act, 2007
  1. G.O.Ms.No. 127 Environment and Forest (EC-3) Department dated 8.5.98
  1. Additional Chief Secretary, Dept. of Environment and   Forest (EC.III) Govt., of Tamilnadu letter No.     18287/EC.III/2013-1 dated 26.8.13
  1. Member Secretary, Tamilnadu Pollution Control Board  letter No. TNPCB/LAW/LA.II/F.No. 3641/2014 dated  30.01.2014
  1. District Fire officer, Kancheepuram letter No. L.Dis.No. 5/B/2015 dated 27.01.2015

 

With due deference I submit to invite your kind attention to the references cited above. Valliammai Society run by  SRM Group headed by  Mr.Patchamuthu has obtained SRM University approval from Govt., of India for running SRM Engineering College, SRM Dental College, SRM Medical College Hospital and Research Centre, SRM College of Pharmacy, SRM Nursing College etc., The above approval was obtained by furnishing false information. They have not complied with the terms and conditions.

 

According to EIA Notification 2006, notified by Govt., of India, Ministry of Environment and Forests, it is mandatory that any  building with more than 20,000 Sq.meter is required to get a  clearance under EIA Notification 2006.  Moreover in the case of any  unauthorized construction, the Govt., of India has delegated powers to the State Govt., authorities viz., the  Member Secretary, TNPCB to file criminal complaints in the competent court.

 

Valliammai Society headed by  Mr.T.R.Patchamuthu has constructed all the buildings for accommodating  the above said colleges by violating the above said EIA Notification.  He himself,  vide Valliammai society letter dated 18.7.2013  has submitted a letter of commitment and expression of apologies for not compliance with the regulations notified in the EIA Notification referred to above.  The State Environmental Impact Assessment Authority vide their letter dated 30.7.13 has  reported to the Additional Chief Secretary, Govt. of Tamil Nadu  to initiate criminal action against the Vallimmai Society  for violation of EIA Notifications.  Accordingly, the Additional Chief Secretary has directed the Member Secretary to initiate criminal action against Valliammai Society (as per reference 3rd referred to above) which has since been  converted as SRM University.  Accordingly, Tamilnadu Pollution Control Board has filed a criminal case before Judicial Magistrate Court, Ambatoor  against Valliammai Society. Hence, it is evident that all the buildings are without proper approval of the competent authorities and by virtue of the same these all are illegal constructions only.

 

According to the Tamilnadu Public Buildings premises Act, all the public buildings have to obtain a  license from the Competent Authority and has to get building stability Certificate from the Public Works Department.  Whereas in this case, they did not comply the above statutory requirement.

 

According to the Fire Act, 1985, they have to get necessary permission from the  Fire and Rescue Department whereas, in this case,  they have not obtained the required  permission from Fire and Rescue department. But they obtained only a temporary NOC valid for 6 months, in which there is a specific clause that they should comply with the conditions and then apply  to get necessary permission from the said Department.  Whereas, in this case, the above said condition has not been complied with so far.

 

The Chief Conservator of Forest and  the Director, Arignar Anna Zoological Park, Vandaloor, Chennai vide his letter C.No. 1099/2013/D2 dated 12.2.13  has specifically reported that the NOC has also to be obtained from the Central Ground Water Authority. Whereas, the same has  not also been complied with.

 

The Executive Engineer, PWD, Water Resources Organisation, Keelpalaru Basin, Kancheepuram vide his letter dated 21.11.2006, has specifically reported that the agricultural channel running between the lands should not be obliterated and the water flow should not also be disturbed. In case, any bridge is required to be constructed to cross the channel, it should be constructed only with proper permission from PWD authorities.  The agricultural land relating to Vallanjery and Potheri Tanks should not be disturbed. All the poramboke lands should be identified with the help of Revenue authorities and boundary stones  should be erected. Whereas, in this case, they have not complied with and not satisfied any of the above regulatory conditions.

 

The buildings which are used as College and Hostel purpose are to be constructed as houses (flats) by SRM Engineering Construction corporation, according to the letter  Roc.No. 18301/2010/gp.v2 dated 7.10.2010 of the Director, Town and Country Planning, Chennai.

 

This University has been illegally using the above said house site buildings as its University campus.  Hence, it is evident that they have obtained the University status and the permission as well for running the institution only  by furnishing false information in the manner mentioned above. The Honourable Supreme Court and also the High Court have clearly pointed out that unauthorised constructions shall not be permitted anymore for further use.

 

Moreover, most of the lands occupied by the SRM deemed university campus are only wet lands and agricultural lands.  The patta furnished by Valliammai Society for obtaining EIA Clearance itself confirms the above fact .  Suppressing their real intent they have cunningly applied to the SEIAA feigning to be their expansion of project, whereas, it is not at all an expansion of their project.  But it is only a new project.  The wet lands cannot be approved for construction purposes.  According to the Supreme Court Judgement dated 28.01.2011, the water bodies and the public lands cannot be permitted for any purpose and the village lands also should not be disturbed.

 

According to G.O.Ms.No. 11 Revenue Department dated 20.01.97, No permission can be accorded in close proximity to the  channels or other water bodies. In this case, they have applied for permission for areas  near the channels by furnishing  false information.

 

As per the order of the PWD, no borewell can be drilled within 500 meters from the channel, tank or any other water bodies.   Whereas, in this area, there are two tanks namely Vallanjery and Potheri Tanks besides an agricultural channel. This has been confirmed by the PWD Authorities themselves in their letter.  The  Thasildar also has confirmed the same vide his certificate.  Hence,  they have obtained  a ground water NOC from the State Ground and Surface water department by suppressing all  the above facts.  Hence, the ground water NOC has to be ordered to be cancelled immediately.

 

Above all, they have submitted an application by suppressing basic facts and furnishing false information on classification of lands and their land use.   In their application Form-1A, they have furnished false information. They have suppressed the fact that most of the lands are wet and agricultural lands getting irrigation facilities from Vallanjery and Potheri Tanks. The computer patta copy submitted by them will disclose the fact that lot of lands are wet lands, whereas, in Form-1A , heading 1) land environment for question No. 1.8, they have furnished the reply as follows.

 

“1.8. Will the low lying areas & wet lands get altered ? Provide details of how low lying and wet lands are getting modified from the proposed activity)

 No there is no lying area or wet lands in an around the project site”.

 Thus it is evident that they have suppressed the basic material fact.

 

Whereas, all the lands in Potheri village are wet lands and the veracity of this statement  can be got confirmed from the  Computer patta No. 564  and patta No. 55  and most of the lands in Patta No. 586 stand in the name of Valliammai Society,  Chennai.  Hence it is evident that they have submitted false information for getting an environmental clearance. Hence, their application has to be summarily rejected and they have to be prosecuted, not only for suppressing all the facts, but also for furnishing false information to the regulatory authorities.

 

Hence,  the approvals, if any, accorded to them have to be suspended and withdrawn with immediate effect.

 

In this case, the authorities are not taking any action till date in view of the naked truth that the Management of SRM university have  given  some free seats to the relatives of the authorities concerned. This is the livelyhood problem of 10,000 local people. According to the Trust Act, the Govt., can take over the control of the Trust  in the interest of the public.

 

In view of the fact that the Valliammai Trust has blatantly violated and flouted all the norms an rules enumerated above it is humbly requested in public interest that

 

  • The VALLIAMMAI Trust and the University permission be suspended forthwith for furnishing false information so as to obtain approvals.

 

  • The approvals / NOCs, if any,  issued by the State Ground Water Board, PWD, Town and Country Planning etc., be suspended and withdrawn

 

 

 

  • The VALLIAMMAI Society and the SRM University be prosecuted for running the institution without proper and valid license under the Public Building Licensing Rules.

 

  • The Buildings should be locked and sealed for not obtaining building license and stability certificate from the Competent authorities and for not obtaining permission from the Fire and Rescue Department.

 

  • The buildings should be locked and sealed for not obtaining proper approval from the Town and Country Planning.

 

  • The Buildings should be locked and sealed for not obtaining Environmental Clearance for construction of the above said Buildings.

 

  • The permission accorded under UGC or AICTE should be immediately suspended for constructing the buildings without proper permissions.

 

I , therefore request you,  sir, that your immediate  action in this case will be greatly  appreciated to avoid further loss of time, so that at least from the next academic year onwards the students will join in the proper approved institutions.

 

Alternatively, the Valliammai society together with the SRM University and all their affiliated colleges may be taken over either by the State or the Central Govt by exercising the Trust Act provisions.   As an immediate measure, the University and the society may be ordered to be  administered and managed by a special officer duly appointed by the Government.

 

Awaiting your urgent and favourable action,

 

Thanking you, sir

Yours truly,

Sd/-

 

Krishnamoorthy

List of Documents Enclosed

  1. O.Ms.No. 11 to establish that the Government prohibit encroachment and directed to remove the encroachment and protect the water bodies.
  2. Tamilnadu Protection of Tank and Eviction of Encroachment Act, 2007 highlights to establish that the SRM University buildings are constructed by violating the above said Act.
  3. O.Ms.No. 127, which prohibit constructions of Institutions within 5 kms radius from the water bodies, which has been violated by the University.
  4. Additional Chief Secretary order dated 26.08.2013 to prosecute Valliammai Society for violating the provisions of Environmental Protection Act.
  5. Letter of Tamilnadu Pollution Control Board informing that Criminal Complaint has been filed against Valliammai Society and other before the Judicial Magistrate Court, Ambatur.
  6. Commitment and expression of Apologise letter issued by Mr.Patchamuthu of Valliammai Society admitting the violation of EIA Notification in the Construction.
  7. Temporary NOC dated 05.03.2009 valid for 6 months issued by Divisional Fire Officer, informing to comply the conditions and to get permission from their department, which has been violated by them.
  8. Letter of the Chief Conservator of Forest dated 12.02.2013 inform to obtain NOC from the Central Ground Water Board for tapping of Ground water.
  9. Letter of the Public Works department Executive Engineer to establish that the agriculture irrigation Channel is running between the lands and the conditions are violated by the University.
  10. Approval of the Town and Country Planning issued in favour of SRM Engineering Construction Corporation Ltd., for construction of 364 habitation flats – to establish that the SRM University is illegally operated from the unauthorized buildings.
  11. Patta No. 564 issued by Chenkalpattu Thasildar which shows that all the lands are wet land – to establish that SRM Patchamuthu tried to obtained permission by giving false information, that these lands are waste lands.
  12. Copy of Form -1A first two page – to establish that they have give false information by suppressing wet land and the low laying land.

All other documents to establish my complaints were obtained under RTI Act and kept with me and we will produce the same as and when required.

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