Madras High Court
R.Lakshmanan vs The Government Of Tamil Nadu on 6 August, 2014
Author: V.Ramasubramanian
Bench: V.Ramasubramanian, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.08.2014
CORAM
THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN
AND
THE HON'BLE MS.JUSTICE V.M.VELUMANI
W.P.(MD)NO.1496 of 2014
and
M.P.No.1 of 2014
R.Lakshmanan ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by The Chief Secretary,
Secretariat, Chennai-9.
2. The Government of Tamil Nadu,
Represented by The Secretary,
Public Works Department,
Chennai - 9.
3. The Engineer-in-Chief,
Water Resources Organization,
Public Works Department,
Chepauk, Chennai.
(Suo moto impleaded as a party respondents
as per the order of this Court dated 28.01.2014) ...
Respondents
Prayer
Writ Petition filed under Article 226 of Constitution of
India, seeking to issue writ of mandamus, directing the Respondents to
restore the capacities of the water bodies as on date of 1923 survey and the
water bodies occupied by the government buildings as on date of 01.01.2014,
by issuing necessary appropriate government order to the same effect in
social interest without any further delay to preserve the drinking water and
agriculture within a stipulated phase of time.
!For Petitioner .. Mr.R.Lakshmanan-Party-in-Person
^For Respondents .. Mr.N.Manohar, Spl. G.P.
:ORDER
(Order of the Court was made by Justice V.Ramasubramanian) This is a Writ Petition filed in Public Interest by a practising Advocate of this Court, seeking to issue a Writ of Mandamus, to direct the Respondents to restore the capacities of the water bodies as on date of 1923 survey and the water bodies occupied by the Government Buildings as on date 01.01.2014.
2. Heard Mr.R.Lakshmanan, Petitioner appearing in person and Mr.N.Manohar, learned Special Government Pleader, appearing for the Respondents.
3. The concern of the petitioner is that not only the natural resource of water, but also the number of water bodies in the State have depleted in the past few decades, leading to an acute shortage of water, having serious impact on the food chain. Providing some interesting statistics, based on research and scientific analysis, Mr.R.Lakshmanan, the petitioner submitted, that fresh water accounts only for 2.7% and that 70% of such fresh water is inaccessible to human beings. Statistics revealed that an average Urban Indian uses about 135 litres of water every day. But access to clean and adequate water has become a major problem. Due to climate change, the average annual rainfall has also decreased and hence the petitioner contends that unless water bodies are protected, the danger is imminent and serious.
4. We have carefully considered the submissions of the petitioner. We appreciate and shared the concern expressed by the petitioner. As a matter of fact, as per the orders of this Court, the Engineer-in-Chief of the Public Works Department and the officials of the Water Resources Department, have filed Status Reports periodically about the steps taken by them. These Status Reports are taken on record.
5. Way back in the year 2005, a Division Bench of this Court in L.Krishnan v. State of Tamil Nadu (2005 (4) CTC 1), issued directions to the State Government, to prevent conversion of water bodies either by way of encroachment or otherwise. It was only thereafter that the State of Tamil Nadu, enacted the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007 (Tamil Nadu Act 8 of 2007). In exercise of the powers conferred by the Act, a set of Rules have also been issued and they have come into force with effect from 01.10.2007. Under this Act, the authorities are obliged to clear all water bodies of any encroachments. Therefore, all that the petitioner is seeking is, only an effective implementation of the provisions of the Act.
6. One more grievance of the petitioner is that apart from the issue of encroachment, there is also another problem. Many times the Public Works Department gives consent for the conversion of water bodies into building sites, even for the location of Government Offices, on the ground that those water bodies have fallen into disuse. The Madurai Bench of the Madras High Court itself is an example of a Government Building standing on a water body. What was once known as Ulaganeri, a huge lake, is said to have fallen into disuse and the High Court itself has come up on the said land. Therefore, the petitioner is right in contending that such occurrences are also to be stopped.
7. Coming to the Status Reports filed by the Water Resources Department, there are interesting statistics which need to be brought on record. The information furnished in the Status Reports filed by the Water Resources Department of the Public Works Department are as follows:
(1) There are 34 Rivers in Tamil Nadu, which are grouped into 17 major river basins and 127 sub-basins. The total surface water potential of the State is 853 T.M.Cft., which includes 275 T.M.Cft., expected to be realized from the neighbouring States. There are 89 dams in the State having a total storage capacity of 238.58 T.M.Cft.
(2) There are 39,202 tanks in the State. Out of them 13,699 major tanks are maintained by the Water Resources Department. According to the Status Report, out of those 13,699 major tanks maintained by the Water Resources Department, only 3,701 are fully protected. In other words about 10,000 major tanks are not fully protected in the sense that the work of Survey and laying of boundary stones and the eviction of encroachments is in progress.
(3) The above statistics are also presented in the form of a tabular statement, which makes interesting reading. Therefore, the tabular statement which forms part of the Report of the Engineer-in-Chief, Water Resources Department, Public Works Department, Chennai, dated 23.05.2014 is extracted as follows:-
Water Resources Department Status of Eviction of encroachments in WRD tanks as per Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.
Sl.No Region No. of Tanks under the control of PWD No. of Tanks fully Restored. No. of Tanks under the different stages of restoration Surveying Eviction of Encroachments Erecting boundary stones Live fencing 1 Chennai 3990 780 777 345 453 1 2 Trichy 2241 891 719 96 535 0 3 Madurai 7280 1946 2340 5415 1842 1 4 Coimbatore 185 98 33 28 26 0 Total 13696 3715 3869 5884 2856 2
8. The Status Report also contains information with regard to the number of Schemes and Projects undertaken by the State and the total amount involved. Though the total outlay for the Schemes and Projects undertaken by the State of Tamil Nadu is mind boggling and it shows that money flows much faster than water, it would be useful to bring on record the statistics relating to those Projects/Schemes and the capital outlay in respect of Schemes and Projects. They are as follows:-
Sl.No. Name of the Project Purpose of the Project Areas covered by the Project Total costs of the Project Stage of the Project
(a) Irrigated Agriculture Modernisation and Water-Bodies Restoration and Management (IAMWARM) Project To increase the productivity of agriculture related activities by improving the water bodies of the State so as to benefit An ayacut of 6.69 lakh hectare.
Rs.2547 Crore 4808 tanks, 658 anicuts and 8067.42 km length of supply channel have been completed.
(b) Dam Rehabilitation and Improverment Project (DRIP) To restore the capacity of the Dams, achieve effective utilisation of stored water and manage the long-term performance of the Dams. 66 Water Resources Dams and 38 Dams.
Rs.745.49 Crore.
(c) Restoration of Traditional Water Bodies. For strengthening of tank bund, desilting and strengthening feeder channel and strengethening of sluices.
647 Traditional Water Bodies are proposed to be improved.
So far 297 tanks have been fully restored and works are in procress in 41 tanks.
(d) NABARD assisted scheme For construction of new Anicuts, formation of new tanks and rehabilitation of Anicuts and supply channels 40 Irrigation Schemes have been sanctioned. Rs.260.70 Crore 22 Schemes costing 186 Crores have been completed and the remaining 18 Schemes costing Rs.74.70 Crores are in progress.
(e) Augmentation of Channel City Water Storage and (i) Formation of a New Reservoir/Check dam.
Formation of a new reservoir Kannankottai and Thervaikandigai villages in Gummidipoondi Taluk of Tiruvallur District Rs.330 Crore progress Construction of a Check Dam across Kosasthalaiyar River. Thirukandalam in Uthukottai Taluk of Tiruvallur District. Rs.35 Crore with NABARD assistsance Progress
(ii) Restoration of existing tanks. To raise the crest of the surplus weir of Cholavaram tank. Cholavaram .
Rs.50 lakh.
completed.
Rehabilation and strengthening works and rehabilitation of supply channel. Porur and Thanthikal Rs.20 Crore Progress.
Strengthening of bunds and desilting works Ayanambakkam tank Rs.30 Crore Progress Renovation and rehabilitation works of tank and reconstruction of dilapidated regularor.
Nemam and Irulapalayam Rs.79.50 Crore Progress
(f) Repair, Renovation and Restoration (RRR) of water bodies with domestic support.
To rehabilate non-system tanks and augment the storage capacity and to recover and extend its lost irrigation potential. 185 non-system tanks.
Rs.120 Crore Rs.21.75 Crore.
Proposal sent seeking Central assistance, in this regard is in the scruitiny stage.
(g) Desilting of 25 Tanks under JICA assistance. To desilt 25 tanks.
An ayacut of more than 1000 Acres.
Rs.25 Crore Assistance from Japan International Cooperation Agency (JICA) is sought for.
(h) Desilting of Veeranam Tank.
Rehabilitation and desilting of Veeranam tank and Vadavar channels Veeranam and Vadavar.
Rs.40 Crore Finalisation of Tenders are under scruitiny.
(i) Formation of New Reservoir across Marudhaiyar River. To effectively utilise the surplus flood flows. Kottarai Village in Alathur Taluk of Perambalur District. Rs.23.273 Crore Land acquisition and survey works are in progress.
The contents of the Status Reports, the salient features of which we have extracted above, are really alarming. If the entire outlay as indicated in the Status Reports is actually spent on the above projects with all vigour and vitality, the entire State may see a Green Revolution. But we do not know where and to what extent there could be seepage or leakage (not only of water).
9. Therefore, the writ petition is disposed of with the following directions:-
(i) The Government shall issue appropriate directions which are mandatory in nature, to all the local bodies, including the Corporations, Municipalities and Panchayats, not to grant planning permission for any construction that is put up in a water body.
(ii) The Local Planning Authorities as well as the Metropolitan Development Authorities shall also be directed by the Government not to grant approval for any layout or building plan, if the land concerned, is located either in part or in whole, in a water body.
(iii) The Government may also contemplate issuing an order under the Tamil Nadu Town and Country Planning Act to the effect that any application for building plan or for approval of a layout should be accompanied by a certificate of the Revenue Authority that no part of the land is located in a water body. The persons issuing such certificates, should be held responsible for any wrong information provided in the certificate.
(iv) The preservation and protection of the water bodies, already undertaken by the Department, shall be completed within a period of one year.
(v) No Civil Court shall be competent to grant any interim protection order, restraining any local body or Revenue Department from evicting a person from a water body. There will be no order as to costs. Consequently, M.P.No.1 of 2014 is closed.
Index: Yes/No Internet:Yes/No (V.R.S., J) (V.M.V., J) gr 06.08.2014.
To
1. The Chief Secretary to Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Government of Tamil Nadu, Represented by The Secretary, Public Works Department, Chennai - 9.
3. The Engineer-in-Chief, Water Resources Organization, Public Works Department, Chepauk, Chennai.
V.RAMASUBRAMANIAN, J AND V.M.VELUMANI, J ORDER IN W.P.(MD) NO. 1496 of 2014 DELIVERED ON: 06.08.2014