Madras High Court
Kokilambal Nagar And Alagappa Nagar vs The Secretary To Government Of Tamil ... on 26 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 1174
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
W.P.No.2599/2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.2599 of 2017
and W.M.P.Nos.564 and 7945 of 2019
Kokilambal Nagar and Alagappa Nagar
Resident's Welfar Association
Represented by its Joint Secretary
G.S.Narasimhan, S/o. G.Subramani
No.4/210, Alagappa Nagar 1st Cross Street,
Thuraipakkam, Chennai-600 097 .. Petitioner
Vs.
1. The Secretary to Government of Tamil Nadu
Municipal Administration and Water Supply Department
Secretariat, Fort St.George
Chennai-600 009.
2. The Commissioner of Corporation
Greater Corporation of Chennai
Rippon Building,
Chennai-600 003.
3. The Superintending Engineer,
Storm Water Drains
Corporation of Chennai,
Chennai-600 003.
http://www.judis.nic.in
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W.P.No.2599/2017
4. Zonal Officer
Zone-15,
Greater Corporation of Chennai
Sholinganallur, Chennai-600 119.
5. Area Engineer,Zone-15,
Chennai Metro Water Board
K.K.Salai, sholinganalur,
Chennai-600 119. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, directing the respondents to inspect and
provide adequate storm water drains, street drainage lines drinking water
lines, concrete roads and prevention of long stagnation of rain water on
vacant lands in the whole of Kokilambal Naar and Alagappa Nagar,
Thoraipakkam, Chennai-600 097.
For Petitioner : Mr.V.B.R.Menon
For Respondents : Mr.Akhil Akbar Ali
(Govt. Advocate ) for R1
Mr.K.Soundararajan for R2 to 4
MR.V.Perumal for R5
ORDER
(Order of the Court was made by S.MANIKUMAR, J.) Petitioner, Joint Secretary of a Residential Association by name Kokilambal Nagar and Alagappa Nagar Resident’s Welfare Association registered under Tamil Nadu Societies Registration Act and bearing the Registration No.40/1999 on 21.05.2008 has filed the instant writ petition. http://www.judis.nic.in 2/26 W.P.No.2599/2017
2. Petitioner has submitted that the petitioner Association has been registered under the Tamil Nadu Societies Registration Act, as early as 2008 and mainly formed to redress grievances of the local residents. There are about 400 houses in and around Thoraippakkam area, more famously known as Okkiam Thoraippakkam, situated on the Old Mahabalipuram Road and is currently one of the largest residential hub in Chennai City, consisting of apartments, individual bungalows, staff quarters and tenements of Tamil Nadu Slum Clearance Board. The above areas have been brought under the purview of Chennai Corporation. The lands occupied by the residents are patta lands and being subjected to property tax by Greater Chennai Corporation. 90% of the land area is constructed and only 10% of land remains vacant. Independent bungalows and apartments have been given planning permit and building approvals by CMDA.
3. Lands on which the Tamil Nadu Slum Clearance Board has constructed tenements was originally used as flood plains wherein, the entire rain water collected from places like Velachery, Madipakkam, Thoraippakkam etc., flows through these lands into Buckingham Canal, and then drained into sea. Due to efflux of time and increase in http://www.judis.nic.in 3/26 W.P.No.2599/2017 construction activities passage for draining rain water has been blocked. There are both independent private constructions as well as tenements constructed by the government on these lands. A decade ago, the rain water would drain into Buckingham Canal. But for the past 4 years, the entire rain water from the neighbouring areas gets collected on the unconstructed vacant lands in Alagappa Nagar and Kokilambal Nagar. Most of the rain water collected on the vacant lands used to flow through the Buckingham canal and the remaining water would dry up in peak summer. But for the past 4 years, the rain water thus collected in Survey Nos.191/8A, 8B 194/2, 195, 424 and in a few other Survey Numbers situated between the Kokilambal Nagar/Alagappa Nagar and Guindy Engineering Colony is stored and not drained over a period of time into the canal thereby causing huge floods even during moderate rains.
4. The 2nd respondent had begun to construct storm water drains in and around that area which were supposed to have been connected to a main larger storm water drain, which has been constructed by the Tamil Nadu Slum Clearance Board and connected to Buckingham Canal. None of the works connected with the above storm water drains are complete and not solved the purpose. There is no proper drainage facility in their areas http://www.judis.nic.in 4/26 W.P.No.2599/2017 and the residents are wholly dependent on the sewage tanks within their premises for collection of sewage and waste water. Due to the collection of rain water and consequent rise in the ground water levels, the sewage tanks always remain full and at times over flow in streets. This has caused certain local residents to unauthourisedly connect their respective sewage outlets into these storm water drains. The storm water drains have been constructed in bits and pieces and not in all the roads.
5. A Writ petition was filed by a former local Councilor Mrs. Suseetha, challenging the construction of 3000 additional tenements of Tamil Nadu Slum Clearance Board now known as ‘Ezhil Nagar’ which is an extension of the existing Kannagi Nagar. The main contention was lack of infrastructure and basic amenities like drinking water, drainage, storm water drains and want of employment opportunities, and that the displaced have been relocated far away from the city. Slum Clearance Board seemed to have given an undertaking to construct about 12 major storm water drains to accommodate floods and drain the same into the canal. The incomplete construction of the storm water drains are not connected to the major drain, which is insufficient to accommodate major floods.
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6. Petitioner has further submitted that the respondent Corporation has laid drinking water pipelines in some of the streets and taps for drinking water, but they are at a very low level, because of the rise in road levels and even to place a bucket or any container to collect water from the taps has become difficult. The respondent Corporation has been laying concrete roads in the neighbouring areas. Petitioner association has given representations to the authorities to lay concrete roads in their streets. Elected representatives have given representations addressing the above issues. But no action has been taken in this regard for reasons best known to them.
7. Petitioner has submitted that the association has given a representation on 20.01.2016 to Chennai Corporation, seeking concrete roads, potable drinking water on regular basis and expedite the construction of storm water drains' in all the roads. Another representation was given on 18.02.2016 complaining about the difficulties in connecting the storm water drains into the main canal, due to the interruption of the Councilor of the neighbouring Ward. http://www.judis.nic.in 6/26 W.P.No.2599/2017
8. The petitioner association has filed an RTI application on 03.02.2016 seeking information regarding raising the level of drinking water taps and supply of potable water. A reply has been sent that hygienic drinking water is being supplied and construction work under the Integrated Drinking Water Supply Scheme is under progress, but nothing significant has happened till date. To another RTI Petition filed on 09.03.2016, a reply has been given on 05.04.2016 stating that the steps are being taken for linking the canal to the existing canal. Thereafter, another detailed representation has been sent on 13.06.2016 to the respondents 1, 4 and 5 for which, no action has been taken. Thereafter, one more detailed representation was given on 11.07.2016 to all the respondents herein, requesting them to take emergent steps on the issues stated therein, to prevent occurrences of further flooding and loss of lives and properties, as evidenced in the rains during November and December 2015. The respondents have received the said representations on 19.07.2016 and 20.07.2016 but no steps have been taken so far, to redress the above issues.
9. In December 2016 the entire Chennai City witnessed the worst natural calamity in the form of cyclone and followed by rains. This time http://www.judis.nic.in 7/26 W.P.No.2599/2017 though the rains were not that heavy, there was continuous down pour in their area for 7 hours on 12.12.2016, due to which, the entire rain water collected from the neighbouring areas drained into the neighbouring vacant lands and roads in Kokilambal nagar and Alagappa Nagar. Notwithstanding the rain and sewerage water alone, snakes, mosquitoes and other harmful creatures started entering the houses. With no electricity, it became very difficult for the residents to stay indoors with almost 2 feet rain water inside the homes. Hence, the petitioner association has filed the present writ petition seeking for a Writ of Mandamus directing the respondents to inspect and provide adequate storm water drains, street drainage lines drinking water lines, concrete roads and prevention of long stagnation of rain water on vacant lands in the whole of Kokilambal Nagar and Alagappa Nagar.
10. Learned Government Advocate appearing for the Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Chennai/the 1st respondent submitted that this Court, in order dated 11.12.2018, directed the respondents to hold a joint meeting and decide the action plan for the development of basic amenities in Kokilambal Nagar and Alagappa Nagar of Chennai and to furnish a copy of http://www.judis.nic.in 8/26 W.P.No.2599/2017 the said action plan on the next date of hearing. Accordingly, a joint meeting has been convened on 05.01.2019. Thereafter, this Court, in order dated 08.01.2019 directed the Managing Director of Chennai Metropolitan Water Supply and Sewerage Board to head the meeting of the different respondent departments and Municipal Corporation, to hold the aforesaid Joint Meeting once again, with all the concerned appropriate authorities of the departments and prepare an action plan, as already indicated in the order dated 11.12.2018 for the various projects already sanctioned and under implementation for the said area and action plan of the projects to be undertaken, in the near future for providing the basic amenities to the residents of the said area.
11. As per the above direction of this Court dated 31.01.2019, the then Additional Chief Secretary / Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, conducted a meeting with the Commissioner, Greater Chennai Corporation, Chennai and other officials. High Court, Madras had observed that if the Minutes of the next Joint Meeting does not satisfy the court, about the efforts taken by all the departments and Public Bodies concerned, then the High Court would be constrained to request the Chief Secretary to the State to remain http://www.judis.nic.in 9/26 W.P.No.2599/2017 present in the Court and respond in an appropriate manner on behalf of the State including the Corporations and Public bodies under the State Government.
12. The Principal Secretary, Municipal Administration and Water Supply Department has conducted a Joint Meeting on 21.2.2019, wherein the officials representing Greater Chennai Corporation, Chennai Metropolitan Water Supply and Sewerage Board, Public Works Department, Highways and Minor Ports Department, Finance Department, along with Tmt. Kokilavani, Advocate and the representatives of Kokilambal Nagar and Alagappa Nagar Residents Welfare Association, were present.
13. In the said meeting Tmt. Kokilavani, Advocate representing Kokilambal Nagar and Alagappa Nagar Residents Welfare Association made few observations which are illustrated below along with the response of the concerned departments:-
Regarding engaging of one contractor for all the works which causes much delay in executing the works, it was replied by the Executive Director, Chennai Metropolitan Water Supply and Sewerage Board that, it is not true that all http://www.judis.nic.in 10/26 W.P.No.2599/2017 works are executed by one contractor. About 45 contractors are engaged for completing the ongoing works in various extended area to provide water supply and sewerage facilities. Further, on the issue of carrying water supply, sewage and storm water drainage works simultaneously rather than executing works separately, the Executive Director, Chennai Metropolitan Water Supply and Sewerage Board, while narrating the situation existed therein, repliec that some time technically, water supply and underground works cannot be taken up simultaneously. Further, due to administrative and financial limitation, different works are taken up in different localities at different times in a phased manner. Further, the queries regarding septic tanks are getting repeatedly filled by inflow of water due to high water table, the Superintending Engineers, Storm Water Drain, Greater Chennai Corporation, briefed the situation prevailed in the residential area, in view of high water table and suggested to de-sludge the septic tanks more frequently. The following issues were also highlighted during the meeting:-
(i) Metro Water boundary has been expanded to 426 sq.km from 174 sq.km. in the year 2011 by adding 42 Local Bodies. However Board has planned water supply and sewerage facilities comprehensively in the 42 local bodies to the tune about Rs.1269.14 crore and Rs.2572.42 crore as detailed in Annexure II.
(ii) The problem created by over flowing water from http://www.judis.nic.in 11/26 W.P.No.2599/2017 Easwaran Koil pond is now being taken up by storm water drain department in Greater Chennai Corporation by constructing 900X900 mm size drain to a length of 230 meter from the pond to the macro canal and will be completed by April 2019 and the overflowing problem will be avoided in future.
(iii) On the request of the Resident Welfare Association for construction of Integrated Storm Water Drain (ISWD) drains in all the roads, it was explained by Superintending Engineer (SWD) that a comprehensive Integrated Storm Water Drain scheme has been designed covering Zone 14, Perungudi, Zone 12, Alandur and Zone 15 Shozhinganallur at a cost of Rs. 1,230 Crore to a length of 426 km and this proposal has been finalized. Now, the KfW,(German Development Bank) has committed for funding this project under Indo German bilateral arrangements and they have started surveying the areas.
(iv) Regarding water supply, Metro Water assured that 54.55% work has been completed by previous contractor. However, due to very poor progress contract was cancelled. Retender process will be completed and work is expected to restart by December 2019 and expected to be completed by June 2021.
(v) Regarding Storm Water Drains, in the extended areas, in first phase construction of integrated Storm Water Drain in Adyar basin to a length of 376 KM at a cost of http://www.judis.nic.in 12/26 W.P.No.2599/2017 Rs.1101.43 crores has been completed. In Kosasthalayar basin, proposal for taking up construction of integrated storm water drain to the length of 765 kms at an estimate cost of Rs.2518 crore has been sent to Ministry of Housing and Urban Affairs for funding by external agency Asian Development Bank, Manilla which in turn has recommended it to Department of Economic Affairs/Ministry of Finance and it is expected to be sent to Asian Development Bank shortly.
14. During the meeting, the Principal Secretary, Municipal Administration and Water Supply Department directed the Greater Chennai Corporation that the request of Kokilambal Nagar for construction around 400 meter long drain as a stand alone case, on priority basis, shall be taken up with the savings from ongoing works and directed CMWSSB officials to speed up the works relating to water supply, sewage, review and monitor them regularly and closely.
15. Learned counsel appearing for the respondents 2 to 4 has submitted a status report filed by the Zonal Office, Corporation of Chennai/4th respondent which reads thus:
“ In addition to the earlier Counter Affidavit dated 21.02.2017, the Status Report dated 06.12.2018, and Joint http://www.judis.nic.in 13/26 W.P.No.2599/2017 Additional Status Report dated 28.01.2019 filed by the Greater Chennai Corporation and the Status Report dated 08.03.2019 filed by the first respondent has filed the present status report.
2. Learned counsel submitted that meetings have been conducted by the officials of the Greater Chennai Corporation and the Chennai Metro Water Supply and Sewerage Board along with the residents of the Kokilambal Nagar and Alagappa Nagar Resident's Welfare Association for infrastructure development in their vicinity. Further the Principal Secretary to Government, Municipal Administration and Water Supply Department had also conducted a meeting with the petitioner's association and and directed the concerned departments to take action for infrastructure development in the vicinity. He further submitted that street lights were provided in the entire area during the year 2013 and subsequently during the year 2018 the said lights were also changed into LED lights.
3. Greater Chennai Corporation has laid the Bitumen Road in the area of Kokiambal Nagar Main Road, and other streets to a total length of 800 Meters at a cost of Rs.48,40,000/-, which was commenced on 07.02.2018 and completed on 31.03.2018.Kokilambal nagar and Alagappa nagar were flooded in view of the overflowing of the rain water from Easwaran Koil Pond and in order to control the rain water going to the Kokilambal nagar and Alagappa http://www.judis.nic.in 14/26 W.P.No.2599/2017 Nagar from the said pond construction of a new storm water drain with a size of 0.9X0.9 metre completed by the storm water drain department, Greater Chennai Corporation in the month of June 2019 and there is no stagnation of water in the Kokilambal nagar and Alagappa nagar. The work of construction of storm water drain in the two streets of Alagappa nagar and 5 streets of Kokilabal nagar for a length of 480 metres was commenced and due to the request made by the general public and according to the site conditions the length of the above said storm water drain has been increased to 800 meters and the works is under progress.”
16. The Superintending Engineer (P&D) has filed a counter affidavit stating the various schemes and steps taken.
17. Superintending Engineer, Storm Water Drains, Chennai/the 3rd respondent has submitted that the Objective of Providing Underground Sewerage Scheme is for the safe disposal of sewage / waste water, for enhancing the health & quality of life for citizens by collecting sewage generated from the household through gravity sewer line to Sewage Pumping Station. From Sewage Pumping Station, the sewage will be disposed into existing Sewage Treatment Plant. In this case of Okkium Thoraipakkam area, it will be disposed of to the existing Sewage http://www.judis.nic.in 15/26 W.P.No.2599/2017 Treatment Plant located at Sholinganallur & Perungudi.
18. The work of providing Underground Sewerage Scheme in part of 193 Division for a length of about 10 km is under progress and the balance area of Okkium Thorapakkam, preparation of Detailed Project Report is under progress. The components of the Project work are, laying of Gravity Sewer Line for a length of about 75 Km, Construction of 5 nos. of Sewage Pumping Station at Shakthi Nagar, Soolaima Nagar, Aligandeswara Nagar, Sri Sai Nagar Chandra Sekaran Avenue and 3 nos. of Lift Station at Sowdeswarai 4th main road, Pandian salai & VGP Avenue, Laying of Pumping Main from various Pumping Stations to Terminal Pumping Station & Terminal pumping station & Terminal pumping station to the Sewage Treatment Plant, for a total length of about 9.00 Km and providing House Service Connection numbering 20,000.
19. The outline proposal cost of the above Scheme works out to Rs.200 Crores. The DPR is being prepared in-house by CMWSSB. After completion of the Detailed Project Report, funding request will be sent to Government. After allocation of funds, Administrative & Technical Sanction, will be obtained. As a part of preparation of DPR, topographic http://www.judis.nic.in 16/26 W.P.No.2599/2017 survey work completed. Design & preparation of Estimates will be completed by December 2019. Subsequently, Administrative & Technical Sanction will be accorded. Further, tender settling process will be completed in 6 months. Work will be executed and completed in 30 months from the date of award of contract. The probable date of completion for the work of Providing Comprehensive Under Ground Sewerage Scheme to Okkium Thoraipakkam (Div - 193, 194 & 195, Area XV) will be July’2023.
20. The 3rd respondent has further submitted that work of “Providing comprehensive water supply scheme to Ramapuram, Manapakkam, Nandambakkam & Okkium Thoraipakkam and Providing comprehensive underground sewerage scheme to Ramapuram” has been taken up by Chennai Metropolitan Water supply and Sewerage Board under the Chennai Mega City Development Mission Fund, at an estimated cost of Rs. 143.96 Crores under 5 schemes. The above work was awarded to M/s. GKC Vishwa Consortium at a contract value of Rs.120.03 Crores/-.
21. Okkium Thoraipakkam Water Supply Scheme is comprised of 3 http://www.judis.nic.in 17/26 W.P.No.2599/2017 Divisions 193, 194 & 195 under Zone 15 and the details are as follows:
No. of streets : Div. 193 -289 Nos.
Div. 194 -456 Nos.
Div. 195 - 139 Nos.
Total No. of Streets : 884 Nos.
Estimate Cost : Rs.46.00 Crores
Fund : Government grant under CMCDF -
Rs 42.78 Crores (93%)
Loan from TUFIDCO - Rs.3.22 Crores (7%)
Total - Rs. 46.00 Crores
(100%)
22. The Project Details of Water Supply Scheme to Okkium Thoraipakkam as follows:
Name of the Contractor : M/s. GKC-Vishwa Consortium, Hyderabad Contract Value : Rs. 39.67 Crores Contract Period : 24 Months Date of issue of work Order: 21.08.2013 Date of Commencement : 21.02.2014 Scope of the work:
1) Providing Distribution main for 2 Zones for a total length of about 59,399 mtr.
2) Construction of UGT-1 No and C - 2 Nos.
3) Supplying and laying Convey ng and -eeder mains for a total length of 4850m.
4) Supply and erection of Purnc series and allied piping and electrical works
5) Providing House service connections for 11,000 Nos.
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23. The Status of Okkium Thoraipakkam water supply scheme as on April 2018 as follows:
Name of Contra Date of Schedule Extensi % of Balanc Scheme ct commen d date on work e period cement of granted complet works completi upto ed as on % on April 2018 Okkium 24 21.02.20 20.02.20 31.03.2 54.41 45.59 Thoraipakk months 14 16 019 am WSS Progress of work as on April 2018 Sl.N Description of Total qty Completed Balance o Works Qty 1 Distribution system 59399 m 50581 m 8818 (85%) 2 Conveying 3933 m 168 m(4%) 3765 Main/Feeder Main 3 House service 6000 Nos 4051 Nos 1949 connections (68%) 4 UGT 100% 30% 70% 5 OHT(2 Nos) 100% 49% 51% 6 EMI Works 100% - 100% Due to poor performance and slow progress of work the contract was terminated on 10.11.2018.
24. The contractor has obtained an interim injunction restraining from invoking Performance Bank Guarantee and Termination of Contract http://www.judis.nic.in 19/26 W.P.No.2599/2017 (O.A. 1061 to 1063 of 2018). However, BG towards material supply of Rs. 4.30 Crores was invoked and transferred to Board’s Account. Now, the court has vacated the injunction granted in O.A.No.1062 of 2018 in respect of terminating the contract. Further, the court has appointed an sole Arbitrator to resolve the dispute. Accordingly, the first sitting was conducted on 29.04.2019 at the Madras High Court Arbitration Centre, Chennai. Now, a claim petition was received for which counter statement and counter claim have been submitted further hearing in this matter is slated on 27.08.2019.
25. A revised estimate was prepared for the balance works to be completed inviting tenders fixing the due date on 12.04.2019 with a contract period of 2 years and extended further to 03.05.2019 due to the Parliament Election. 'to expedite and complete the “Balance works under the work of providing comprehensive water supply scheme to Okkium Thoraipakkam" in the shortest possible period (completion period fixed as 18 months ) it was proposed to split the work into 2 Packages, as there are lot of complaints received from the public and welfare associations.
26. Orders of the competent authority was obtained to cancel the tender already floated and to call for tenders for the above works in to 2 http://www.judis.nic.in 20/26 W.P.No.2599/2017 Packages as follows:
a) Balance Works Under Providing Distribution System, Conveying main, Trenchless Crossing of Distribution System and Feeder Main at Okkium- Thoraipakkam WSS.
b) Balance Works Under the Construction of UGT cum OHT and allied works including EMI Works at Okkium-
Thoraipakkam WSS.
27. Superintending Engineer, Storm Water Drains, Chennai/the 3rd respondent has further submitted that revised estimates for the balance works to be executed have been prepared as follows:
i) Balance works under the work of Providing Comprehensive Water Supply Scheme to Okkium Thoraipakkam Package-1 Estimate amount - 2649.00 lakhs.
Contract period - 18 months.
Due date - 01.08.2019.
ii) Balance works under the work of Providing Comprehensive Water Supply Scheme to Okkium Thoraipakkam Package-ll.
Estimate amount - 1710.00 lakhs.
Contract period - 18 months.
Due date -01.08.2019.
However, there were no participant on the due date.
Again retenders to be called for, incorporating the http://www.judis.nic.in 21/26 W.P.No.2599/2017 current schedule of rates 2019- 2020.
28. For preparing the revised estimate for providing comprehensive Water Supply Scheme to Okkium-Thoraipakkam, Package-I & providing comprehensive Water Supply Scheme to Okkium- Thoraipakkam, Package- ll, float fresh tender and finalise the tender will take 6 months by February, 2020 and the commencement and completion of works will take 18 months for each package, from the date of award of contract. The probable date of completion will be by August, 2021.
29. Details of the ongoing projects and the time taken to complete the same, as averred in Paragraph No.6 of the counter affidavit, reads as follows:
"6(c). I submit that the components of the Project work are laying of Gravity Sewer Line for a length of about 75 Km, Construction of 5 nos. of Sewage Pumping Station at Shakthi Nagar, Soolaima Nagar, Aligandeswara Nagar, Sri Sai Nagar Chandra Sekaran Avenue and 3 nos. of Lift Station at Sowdeswarai 4th main road, Pandian salai & VGP Avenue, Laying of Pumping Main from various Pumping Station to Terminal Pumping Station & Terminal pumping station & Terminal pumping station to Sewage Treatment Plant for a http://www.judis.nic.in 22/26 W.P.No.2599/2017 total length of about 9.00 Km and Providing House Service Connection of 20,000 nos.
6(d). Learned counsel further submitted that the outline Proposal cost of the above Scheme works out to Rs.200 Crores. The DPR is being prepared in-house by CMWSSB. After completion of Detailed Project Report, funding request will be sent to Government. After allocation of funds. Administrative & Technical Sanction will be obtained.
6(e) I submit that at present, as part of preparation of DPR, topographic survey work completed. Design & preparation of Estimates will be completed by December 2019. Subsequently, Administrative & Technical Sanction will be accorded. Further, tender settling process will be completed in 6 months. Work will be executed and will be completed in 30 months from the date of award of contract.
6(f) I submit that the probable date of completion for the work of Providing Comprehensive Under Ground Sewerage Scheme to Okkium Thoraipakkam (Div - 193, 194 & 195, Area XV) will be July’2023.
30. Learned counsel for the 3rd respondent further submitted that in view of the details in the paragraph 6 of the counter affidavit, this Court http://www.judis.nic.in 23/26 W.P.No.2599/2017 may dispose of the present writ petition, accordingly.
31. Heard Mr.V.B.R.Menon, learned counsel for the petitioner, Mr.Akhil Akbar Ali, learned Government Advocate, appearing for the 1st respondent, Mr.K.Soundararajan for respondents 2 to 4 and Mr.V.Perumal, learned counsel for R5.
32. We have gone through the counter affidavit, and steps taken to address the grievance of the petitioner, on the issues raised. We are satisfied with the reasons assigned, by the Superintending Engineer (P&D). C.M.W.S.S.B on behalf of the Corporation of Chennai and the status of the on going projects mentioned, counter affidavit, and this Court is inclined to dispose of the writ petition, with a direction to the respondents to proceed with the project and complete the same, as per the details mentioned in the affidavit. We only wish to state that, affidavit filed in Court, is a solemn statement on oath. Failure to honour the same, may on the facts and circumstances of a given case, would invite a court to invoke the provisions of the Contempts of Courts Act, 1971, undertaking by the respondents, be honoured, to avoid further litigation. Accordingly, writ petition is disposed of. No costs. http://www.judis.nic.in 24/26 W.P.No.2599/2017 Consequently, the connected miscellaneous petitions are closed.
[S.M.K., J.] [S.P., J.] 26.08.2019 Index:No Internet:Yes kpr To
1. The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Secretariat, Fort St.George Chennai-600 009
2. The Commissioner of Corporation Greater Corporation of Chennai Rippon Building, Chennai-600 003
3. The Superintending Engineer, Storm Water Drains Corporation of Chennai- 600 003
4. Zonal Officer Zone-15, Greater Corporation of Chennai Sholinganallur, Chennai-600 119
5. Area Engineer,Zone-15, Chennai Metro Water Board K.K.Salai, Sholinganalur, Chennai-600 119 http://www.judis.nic.in 25/26 W.P.No.2599/2017 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
kpr W.P.No.2599 of 2017 and W.M.P.Nos.564 and 7945 of 2019 26.08.2019 http://www.judis.nic.in 26/26