Madras HC Halts Kilambakkam Skywalk Project Over Land Acquisition Dispute

In a separate but significant ruling, the Madras High Court recently set aside the Kilambakkam skywalk project, directing the government to stop construction on the ground of a pending land acquisition of 12 thousand square metres.

In a major blow to the Kilambakkam bus-train connectivity plans, the Madras High Court has stayed the construction of a pedestrian skywalk across GST Road. The order was passed on a petition filed by Premier Leather Corporation, questioning the Chengalpet district collector’s order of acquiring its one-acre land illegally.

Justice N Anand Venkatesh stayed the land acquisition notifications promulgated by the district collector, saying that the collector could not on his own, and without compliance with legal norms, declare the land to be needed for public use. The court said the process to acquire could restart only if legal steps were fully complied with.

The Commissioner stated that the Kilambakkam Kalaignar Centenary Bus Terminus was constructed by the State to reduce traffic congestion in the city of Chennai. As a façade for the commuters, the government plans a pedestrian overpass that will connect the bus terminus to Kilambakkam Suburban Railway Station. In January 2024, a notification was issued by the Chengalpet district collector for the project to acquire 1 acre and 45 cents of land, inviting objections from the public.

However, the petitioner stated that before the deadline for filing objections lapsed, the collector, in June 2024, published a fresh notification declaring the land as closely required for public purpose. This was described as hasty and against the process of law, leading the Premier Leather Corporation to file a petition with the High Court.

The court noted that, under the law, whereas the first notification for land acquisition should have been published in the Tamil Nadu government gazette, it had instead been published in the district gazette. Calling it a procedural violation, the court set aside the acquisition notifications, reinforcing that any new acquisition attempts would have to follow due process under the law.

The order has put the brakes on the much-awaited skywalk project, raising fears of the public transport connectivity at Kilambakkam getting delayed further. The casting of the state government’s next steps will be critical in deciding whether the project goes ahead.