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2026 DAILYLAW 50189 (MAD)

Bhavana Botta v. Mr. J.Kumaragurubaran, IAS.,

CONT P/1686/2026 · 2026-07-10

G Arul Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CONT P No. 1686 of 2026 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN CONT P No. 1686 of 2026 Bhavana Botta D/o. Narasimha Rao Botta, No.206/2, North mada Street, Srinagar Colony, Saidapet, Chennai. ..Petitioner(s) Vs Mr.J.Kumaragurubaran, IAS., The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai. ..Contemnor(s)/ Respondent(s) PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent under the Contempt of Courts Act, 1971 for wilful disobedience and non compliance of the order of this High Court dated 12.09.2023 in W.P.No.21841 of 2023. For Petitioner(s): Mr.A.Yogeshwaran For Respondent(s): Mr.P.Dinesh Kumar Standing Counsel https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page2 of 10 O R D E R [Order of the Court was made by G.Arul Murugan J.] The contempt petition has been filed alleging disobedience of the order dated 12.09.2023 passed in W.P.No.21841 of 2023. 2. The writ petition was filed by the petitioner seeking a direction to the Greater Chennai Corporation to demolish and remove all the bollards constructed in violation of the mandatory Harmonized Guidelines and Standards for Universal Design Accessibility in India, 2021, which obstruct the passage of wheelchairs and prams and to reinstall them in accordance with the said guidelines. The writ petition came to be disposed of by this Court based on a statement made by the learned Advocate General. The relevant portion of the order is extracted here under: “4. Learned Advocate General submits that he has instructed the Authorities to take suitable action against the bollards constructed, causing hindrance to the differently-abled persons. Necessary rectification would be undertaken and the same would be complied with as per the guidelines and Standards for Universal Design Accessibility in India, 2021. The said work would be undertaken by all the authorities, as necessary instructions have also been given to all the authorities concerned.” https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page3 of 10 3. The respondent has filed a detailed compliance report dated 30.06.2026, listing out the works undertaken in compliance with the order passed by this Court. As per the report, inspections were carried out throughout the city and different remedial measures were taken across various stages. 4. First, the pavement works in Zone-IX were executed in conformity with the applicable accessibility standards as per the guidelines. Subsequently, the works were extended, rectification and re- installation were undertaken across various locations throughout Chennai. Further, the Corporation had ensured that when new tender works for installation and replacement of bollards are executed across the City, any such new installations are made strictly in conformity with the guidelines. The photographs of the works undertaken are also enclosed along with the report. 5. The Greater Chennai Corporation has also institutionalized accessibility standards by incorporating them into planning, design and execution of all pedestrian projects, by which the terms of the reference for design consultancy service relating to the formation of new footpaths, specifically require that every design conform to the Indian Road https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page4 of 10 Congress (IRC) standards, the MoHUA Healthy Streets Guidelines, the Complete Street Guidelines, and the Harmonized Guidelines. It further includes that these projects require periodic site inspections. The relevant paragraphs of the report are extracted hereunder: “6. I respectfully submit that the petitioner submitted representations from time to time identifying certain locations where rectification was sought. Each of the representations was duly examined by the concerned officers. Site inspections were conducted, technical assessments were carried out and appropriate corrective measures were undertaken wherever required. Consequent upon such inspections, pavement works in Zone-IX, including Avvai Shanmugam Salai, Conron Smith Road and Padmavathi Road, were executed in conformity with the applicable accessibility standards. The photographs evidencing the completed works are produced collectively as Annexure-I. 7. I respectfully submit that the compliance exercise was thereafter extended to several other parts of the city. Existing bollards were inspected, and wherever necessary, they were removed, repositioned or reinstalled so as to ensure unobstructed movement for persons with disabilities in accordance with the Harmonized Guidelines. Photographs demonstrating such rectification and reinstallation undertaken at various locations throughout Chennai are collectively produced as Annexure-II. 8. I respectfully submit that the compliance undertaken by the Greater Chennai Corporation was not confined merely to rectification of existing installations. Simultaneously, while executing newly tendered works for installation and replacement of bollards across various Zones, the Corporation ensured that such installations were https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page5 of 10 made strictly in conformity with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021, so as to provide adequate clear width for the unhindered movement of wheelchair users, persons with disabilities and other pedestrians. The photographs evidencing such newly installed and replaced bollards at various locations are collectively produced as Annexure-III. 9. ………. 10. ………. 11. I respectfully submit that the Greater Chennai Corporation has not restricted itself merely to addressing the individual grievances raised by the petitioner. On the contrary, the Corporation has institutionalised the accessibility standards directed by this Hon'ble Court by incorporating them into the planning, design and execution of all future pedestrian infrastructure projects. The Terms of Reference for Design Consultancy Services relating to the formation of new footpaths under Phase-IV specifically require that every design shall conform to the Indian Road Congress (IRC) Standards, MoHUA Healthy Streets Guidelines, Complete Streets Guidelines, Harmonized Guidelines and the Greater Chennai Corporation Inclusive Design Manual. The said Terms of Reference further require periodic site inspections and implementation support to ensure strict design compliance throughout execution. A copy of the said Terms of Reference is produced as Annexure-VI.” 6. The comprehensive compliance report filed along with the photographs makes it clear that the Greater Chennai Corporation has taken steps to comply with the order passed by this Court and that the bollards have been rectified by providing space and reinstalled in compliance with the guidelines. https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page6 of 10 7. The learned counsel appearing for the petitioner contends that the compliance has not been made in full, and out of the total number of bollards installed at any given location, the necessary spacing required under the guidelines has been provided only at one place between the bollards, which may not fully assist differently-abled persons in navigating the footpaths. 8. In this regard it is useful to refer the Clause 3.14.2 of the Guidelines which is extracted hereunder: “3.14.2 Bollards 1. ……… 2. ……… 3. ……… 4. It is recommended to have bollards with a minimum height of 800mm and placed with adequate spacing between them ensuring a minimum of 900mm clear passage width for wheelchair users and other including baby prams.” 9. The guidelines recommend installation of bollards with an adequate clear passage width of minimum of 900mm between them for wheelchair users and others, including those with baby prams. 10. From the photographs filed, it is clear that the footpaths are not https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page7 of 10 uniform in width and height. Earlier, bollards were placed evenly without providing sufficient width between the two bollards, making them inaccessible to the wheelchair users and prams, a fact which was taken note of by this Court. The rectification and re-installation now carried out shows that where there are three to four bollards at a location, it has been ensured that at least in one point between two bollards, the recommended width of 900mm is provided, thereby ensuring a clear path for wheelchair users and prams. One cannot lose sight of the fact that in the absence of these bollards, the new footpaths would be occupied and used by two-wheelers, which could render the entire footpath completely inaccessible to the pedestrians, wheelchair users and prams. 11. Considering the present situation, the Corporation has taken a pragmatic approach and ensured that pathway is available for the pedestrians, which also complies with the recommendations of the guidelines by providing a clear passage for the wheelchair users and prams at least at one place between the bollards. 12. In case, the petitioner finds any deficiency or specific issue to be addressed at any location, where the placement of bollards continue to render the path inaccessible to the wheelchair users, we leave it open to the petitioner to submit necessary representation pointing out the specific https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page8 of 10 defect at that particular place. On receipt of such representation, if any, the Corporation shall address those issues. 13. In view of the above compliance report, no further orders are required. Accordingly, the Contempt Petition stands closed. No costs. (SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Jeni https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page9 of 10 To The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai. https://www.mhc.tn.gov.in/judis CONT P No. 1686 of 2026 __________ Page10 of 10 THE HON'BLE CHIEF JUSTICE. AND G.ARUL MURUGAN, J. Jeni CONT P No. 1686 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis