Madras High Court
M.Ravi vs The District Collector on 12 April, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.4111 of 2019
and WMP.No.4618 of 2019
---
1.M.Ravi
2.R.Senthil
3.K.Palanisamy ..Petitioners
Vs
1.The District Collector
Erode District
Erode-638 011
2.The Special Officer/
Block Development Officer
Chennimalai Panchayat Union
Chennimalai-638 051
3.Vishnu Farmers Club
Murunga Tholuve Village
Chennimalai
Erode District
Rep. by its President ..Respondents
(R3 impleaded vide order
dated 12/04/2019 in WMP.6981/2019)
Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India,
to issue a writ of Mandamus, directing the respondents to complete the scheme,
by extending it to Pudupalayam and Kalikkavalasu Ponds as per the
administrative sanction order dated 22.12.2015 made in
Na.Ka.No.3137/2015/A3 issued by the 1st respondent by laying the pipelines to
draw excess seepage water from Olakattupathy check dam (Murugatholuvu B
Village) to Pudupalayam and Kalikkavalasu Ponds, Perundurai Taluk, Erode
District, by considering the petitioners' representation dated 18.01.2019.
For Petitioners : Mr.N.Manokaran
For Respondents : Mr.P.H.Aravind Pandiyan,
Additional Advocate General
Assisted by Mr.V.Shanmuga Sundar
Special Government Pleader for R1
Mr.M.Jothi Kumar for R2
http://www.judis.nic.in
Mr.K.Rajasekaran for R3.
2
ORDER
"ePh;,d;W mikahJ cynfdpd; ahh;ahh;f;Fk;
thd;,d;W mikahJ xOf;F"
With the quote of the above Thirukural from the Classic Tamil text which suits to this case, the facts of the case is recorded as below.
The Petitioners filed the above Writ Petition seeking a direction to the respondents to complete the scheme, by extending it to Pudupalayam and Kalikkavalasu Ponds as per the administrative sanction order dated 22.12.2015 made in Na.Ka.No.3137/2015/A3 issued by the 1st respondent by laying the pipelines to draw excess seepage water from Olakattupathy check dam (Murugatholuvu B Village) to Pudupalayam and Kalikkavalasu Ponds, Perundurai Taluk, Erode District, by considering the petitioners' representation dated 18.01.2019.
2. The 1st Writ Petitioner is stated to be Ex-President of the Murungatholuvu Village Panchayat and served as President of the Murungatholuvu Village Panchayat for 20 years. The 2nd and 3rd Writ Petitioners have served as Ward Member for the period 2011 to 2016 and their Ward comes in Pudupalayam and Kalikkavalasu Villages respectively.
3. It is averred in the Writ Petition that in order to save the excess seepage water from the LBP Ayacut lands, the Panchayat had already constructed http://www.judis.nic.in five check dams in Murungatholvu B Village; whereas 3 Murungatholuvu A Village is having two ponds viz., Murungatholuvu Pond measuring 16 acres and Kalikavalasu Pond measuring 8 acres and also constructed one Pudupalayam Pond measuring an extent of 2 acres.
4. Since the above mentioned Murungatholuvu, Kalikavalasu and Pudupalayam Ponds did not have any water source, the 1st Petitioner took steps to divert the excess seepage water from the five check dams constructed in Murungatholvu B village particularly from Olakattupathy check dam.
5. With regard to above proposal, Murungatholuvu Village Panchayat passed a Resolution No.141 dated 23.11.2011 to persuade the respondents 1 and 2 to implement the scheme for the welfare of Murungatholuvu A Village. For preparing the feasibility report, Panchayat passed a Resolution No.47 dated 24.04.2012 and the same was forwarded to the 1st respondent. Since no action was taken by the 1st respondent, the 1st Petitioner submitted a representation dated 13.12.2012 to the 1st respondent to implement the above scheme for the welfare of the villagers in A Village.
6. In order to implement the above scheme, Member of Parliament, Erode Parliamentary Constituency, agreed to provide funds and gave a letter of recommendation dated 17.06.2015. Based on the said letter, the District Rural Development Agency, Erode, has issued a communication dated 22.06.2015 to the 2nd respondent to prepare a feasibility report and thereafter, the 2nd respondent, after receipt of feasibility report, has granted tender on http://www.judis.nic.in 15.10.2015, to execute the above work. It is the first scheme of its kind that is 4 executed in the State of Tamil Nadu by utilising the solar energy and with reasonable expenses.
7. According to the Petitioners, since the plan prepared had been altered and deviated, they filed representations before the authorities and the 1st Petitioner filed W.P.No.38615 of 2015, for a direction to consider his representations dated 19.11.2015 and 26.11.2015. In the said Writ Petition, by order dated 13.04.2016, this court, in paragraph Nos. 4, 11, 12 and 13, held as under:-
"4.The facts in issue lies in a narrow compass. Though elaborate pleadings have been made and various materials were placed before this Court, the issue to be considered is as to whether the pipelines, said to have been drawn at the behest of the private respondents, is authorized and permissible and whether the District Collector or any of the authorities have granted permission for laying the pipelines. Utilising the funds of the Members of the Parliament for Local Area Development under the MPLAD scheme, a proposal was made to lay a pipeline from Olakattupathy Check Dam (Murungatholuvu B Village) to Murungatholuvu Pond (Murungatholuvu A Village). This proposal was approved and an estimate was prepared and an amount of Rs.35 Lakhs was sanctioned, which includes the cost of the pipeline work, solar and electric motor work and other allied charges. The pipeline was drawn for more than a distance of 5 km from the said Olakattupathy Check Dam, over which, there is no dispute nor any grievance has been expressed by the petitioner panchayat. The grievance expressed by them is only with regard to the deviation, which has been done in the pipeline leading to Murungatholuvu Bund. This, according to the petitioners, was in utter breach of the original route, approved by the District Collector. The objection of the petitioner is on the ground that it is the petitioner Panchayat, under the Presidentship of its present President, who took all initiative for bringing out the project, since the seepage water from the LBP scheme was not being utilized and the water was flowing into the Noyyal river resulting in wastage. Therefore, the petitioner Panchayat passed a resolution and followed up the matter with the District Administration and the seepage water to be taken to Murungatholuvu Pond, which is more than 5 = kms away, by laying a pipeline and from the said Pond, the water can flow into two other ponds namely Pudupalayam Pond and threafter, into Kalikkalavasu Pond.
11.Be that as it may, as long as there is no approval for the pipeline to be drawn through the route shown in red colour, the District Administration should immediately take action to close the http://www.judis.nic.in said pipeline and allow the water to be taken to Murungatholuvu Pond 5 via the blue line, which is the approved route. It is rather surprising to note that the newly impleaded respondents 5 to 12 and others are said to have been spent a sum of Rs.16.55 Lakhs for drawal of the pipeline to a distance of about 430 mts. It is not known as to how one section of the people alone had take such an action and it may lead to an interference that one section of people may be benefited on account of the deviation in the route. However, as on date, there is no such material placed before this Court. But a situation may arise in future which has to be nipped at the bud. Therefore, the District Administration should immediately take action to close the pipeline delineated in red colour in the plan and ensure that the pipeline is taken through the route delineated in blue colour as per the approved route. The above direction shall be complied with by the first respondent within a period of two weeks from the date of receipt of a copy of this order.
12.With regard to the pipeline to be drawn through the area delineated in blue colour, from the counter affidavit filed by the District Collector as could be seen from paragraphs 5 and 6 therein, the work is carried on and is now nearing final stage in the route permitted by the administration. The trial run shall be completed within a period of ten days and if there are any repairs to be done, the same shall be carried out and the pipeline shall be put to use within a period of two weeks, after the date trial run is completed and defects are rectified.
13.The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed."
8. According to the learned counsel for the Petitioners, even though this court directed the District Administration to carry on the work and trial run shall be completed within a period of ten days by order dated 13.04.2016, and in reality after completion of the work relating to the above scheme at Murungatholuvu Village, the respondents have not taken steps to extend the scheme to Pudupalayam and Kalikavasu Ponds as per the administrative approval order dated 22.12.2015 made in Na.Ka.No.3037/2015/A3. Therefore, Petitioners 2 and 3 submitted a representation dated 26.06.2018 to the 1st respondent/District Collector and reminders dated 17.10.2018 and 24.12.2018. The 2nd respondent had given a letter of undertaking dated 19.10.2018 to the Petitioners http://www.judis.nic.in 2 and 3 for extending the scheme as per the order dated 6 22.12.2015.
9. While so, the Assistant Director of Panchayats, Erode, has sent a communication dated 14.05.2018 to the 2nd respondent to prepare a report for implementing the above scheme through one Vishnu Uzhavar Mandram, (now impleaded 3rd respondent) which has been objected by the Petitioners 2 and 3. It is further averred that even though a tender was issued to the registered contractor, who started the work after performing Bhoomi Pooja on 20.12.2018, the work was stopped without any reason. In such circumstances, the present Writ Petition is filed with the above said prayer.
10. In fact, the District Collector, 1st respondent, by his order dated 22.12.2015, granted administrative approval for laying of pipeline from Murungatholuvu Pond to Pudupalayam Pond and Kalikkalavsu Pond and the project is estimated at 9.900 lakhs and further stated that the said scheme to be carried on by Chennimalai Panchayat Union and Murugatholuvu Panchayat Union President. The District Collector further pointed out that the said scheme is essentially an urgent one for the welfare of people and for carrying out the scheme, 25% of seigniorage fee from the year 2014-15 i.e., Rs.9,90,000/- is allocated for the Project.
11. According to the learned counsel for the Petitioners, one section of people belonging to Murungatholuvu Village is objecting to complete the work and drawal of water through pipeline in the approved route stating that change will http://www.judis.nic.in not be allowed once the work has commenced and expenditure liability 7 incurred. According to the newly impleaded Respondent viz., Vishnu Farmers Club, who sought to adjudicate the matter, submits that the Scheme as approved by Member of Parliament is also approved by Panchayat and District Administration and the plan was of the year 2015 and the scheme is to use alternate source of energy viz., Solar Power and a sum of Rs.35 lakhs has been granted from MPLADS for the project.
12. The learned counsel appearing for the 3rd respondent-Vishnu Farmers Club would submit that the right of the proposed respondent has to be protected, while completing the project and water is taken to Pudupalayam and Kalikkalavsu Ponds from Murungatholuvu Village. He further submitted that the proposed respondent/Farmers are not objecting for the scheme but according to them, they are having an apprehension that they may not get sufficient water for their village Pond viz., Murungatholuvu Pond.
13. The learned Additional Advocate General, assisted by learned Special Government Pleader would submit that the scheme was approved with an intention to provide water through pipeline to three villages viz., Murungatholuvu, Pudupalayam and Kalikkalavsu. Further as per the scheme, excess seepage water is drawn from Olakkadupadhi Check dam to Murungatholuvu Pond through pipeline for Pudupalayam and Kalikkavalasu Pond and the drawal of water to the above said ponds will increase the ground water level to a considerable extent.
http://www.judis.nic.in
14. In the counter affidavit filed by the first respondent, it is submitted 8 that an estimate was made under Member of Parliament Local Area Development Scheme (MPLADS) for laying of pipeline from the Olakkattupathy Seepage Pond to Murungatholuvu Pond, after getting the administrative permission, the work was started, the amount sanctioned was Rs.35.00 lakhs; out of which Rs.23.00 lakhs was earmarked towards Pipeline work and Rs.12.00 lakhs towards installation of solar electric motor work. The pipelines are being laid only in the permitted area by the administration and it is nearing completion. It is also submitted that as per District Collector's Proceeding No.3037/2015/A3 dated 22.12.2015, administrative sanction was accorded for a sum of Rs.9.9 lakhs for laying pipeline for Pudupalayam and Kalikkavalasu Pond.
15. The learned Additional Advocate General produced a report forwarded by the District Collector, Erode District, enclosing the proceedings of the Block Development Officer, Chennimalai, dated 03.04.2019, wherein, it is stated that Murungatholuvu pond is now filled with water which consequently increased the water level in the agricultural wells as well as Borewell. Further, in view of the present water level in the Murugatholuvu pond, there is considerable increase in the water table in the nearby areas which contribute to the water supply. The following particulars regarding Murungatholuvu Pond and nearby areas is given as under:-
"1) Total extent - 6.89 Hec (17.02 Acre)
2) Water Spread Area - 5.51 Hec (13.61 Acre)
3) Storage Capacity - 5.92 Mcft
4) Maximum level of water - 5.92 Mcft http://www.judis.nic.in
5) Minimum level of water - 0.592 Mcft 9
6) Present storage of water - 2.072 Mcft."
16. A report of the District Collector, Erode District, in Na.Ka.No.1744/2018/A4 dated 20.03.2019 which has been forwarded to the learned Special Government Pleader, is filed before this court. It is stated by the District Collector, Erode District, that in respect of the Project, Tender work was granted on 31.10.2018. However, objections dated 19.11.2018 has been given by one section of people in the Village and therefore, in order to avoid any untoward law and order problem in the said locality, the work has been stopped.
17. Obviously, the report submitted by the District Collector, Erode District, reveals that the storage in the Murugatholuvu Village has increased the ground water level in the nearby areas. Therefore, the attempts made by a section of people to stop the work will adversely affect the welfare of people in general and agriculturalist in particular.
18. Heard the learned counsel for the parties and perused the materials available on record.
19. As stated in the earlier paragraph, the first petitioner herein was holding the post of President, Murungatholuvu Village Panchayat, Upplipalayam, Erode District, who had filed a Writ Petition in WP.No.38615 of 2015 earlier seeking to forbear the respondents therein from laying the pipelines to draw http://www.judis.nic.in excess seepage water from Olakattupathy Check Dam Murugatholuvu B Village 10 to Murungatholuvu Pond (Murungatholuvu A Village), Perundurai Taluk, Erode District in deviation of the original scheme submitted by the Petitioner Panchayat as per the Resolution No.141/2011 dated 23.11.2011 to ensure the local self-government as conferred under Article 243 B of the Constitution of India by considering the petitioner's representations dated 19.11.2015 and 26.11.2015. While disposing of the said Writ Petition, by an order dated 13.04.2016, this court pointed out that the seepage water from the LBP scheme was not utilized and the water was flowing into the Noyyal river resulting in wastage, therefore, the Petitioner Panchayat passed a resolution and followed up the matter with the District Administration for taking the seepage water to Murungatholuvu pond, which is more than 5 1/2 kms away, by laying a pipeline and from the said pond, the water can flow into two other ponds namely Pudupalayam Pond and thereafter, into Kalikkalavasu Pond. This court further pointed out the details regarding the approved route and the sketch prepared showing the deviation in the original route and they had been indicated in three colours viz., green, blue and red. This court indicated that prior to approval being granted, all aspects were thoroughly noticed by the District Collector and approval has been granted and the sanctioned route is via the green line into the blue line and to reach the Pond. Therefore, this court questioned the respondents as to whether the pipeline now proposed is to be laid along the route delineated in red colour. The District Collector, Erode, has filed a counter affidavit and submitted that "Additional pipe line was laid by the public of Murungatholuvu village at their own cost along the route delineated in red colour and no government exchequer involved". As such, this court expressed http://www.judis.nic.in its view as to how the District Administration could have permitted the private 11 parties to lay a pipeline along side the road, at their own cost to deviate the flow of water through a different route that ultimately leads to the Murungatholuvu pond. Therefore, it is held that as long as there is no approval for the pipeline to be drawn through the route shown in red colour, the District Administration should immediately take action to close the said pipeline and allow the water to be taken to Murungatholuvu Pond via the blue line, which is the approved route; it is not known as to how one section of the people alone had take such an action and it may lead to an interference that one section of people may be benefited on account of the deviation in the route; however, as on date, there is no such material placed before this Court.
20. With the views noted supra, this court further considered the deviation of the original scheme submitted by the Panchayat and directed the District Administration to carry on the work and further directed that trial run shall be completed within a period of ten days and if there are any repairs to be done, the same shall be carried out and the pipeline shall be put to use within a period of two weeks after completing trial run and rectifying defects. In such circumstances, the action of one section of people belonging to Murugatholuvu Village, who objected to the project out of their anxiety and made attempts to prevent the project at the stage of completion is against the approved Scheme. Considering all the relevant aspects, this court noted that the work is carried on and is now nearing completion in the route permitted by the administration. The said order was passed by this court on 13.04.2016. Thereafter, the 2nd respondent/the Special Officer-Block Development Officer, had given an http://www.judis.nic.in undertaking to extend the scheme in the public meeting held on 15.11.2018. 12
21. Pursuant to the order of this court, since no steps have been taken to extend the scheme to Pudupalayam and Kalikavasu Ponds as per the administrative approval order dated 22.12.2015 made in Na.Ka.No.3037/2015/A3, the Petitioners 2 and 3 submitted a representation dated 26.06.2018 to the 1st respondent/District Collector and reminders dated 17.10.2018 and 24.12.2018. The 2nd respondent had given a letter of undertaking dated 19.10.2018 to the Petitioners 2 and 3 for extending the scheme as per the order dated 22.12.2015. For better reference the said undertaking dated 19.10.2018 is extracted as under:-
"ghh;itapy; fhZk; Ch; nghJ kf;fs; rhh;ghf eilngw;w Ngr;R thh;j;ij $l;lj;jpy; 15.11.2018-f;Fs; Nkw;gb gzpahd KUq;fnjhOT Fsj;jpy; ,Ue;J GJg;ghisak; Fsk; kw;Wk; fhspf;fhtyR Fsj;jpw;F khtl;l Ml;rpj; jiyth; mth;fspd; cj;juT e.f.vz;.3037/2015 ehs;:
22.12.2015-d; glp U:/9,90,000/- kj;g;gPlby; nrd;id cah;ePjpkd;w tof;F vz;.38615/2015 cj;jutpd;gb ,g;gzpapid Kbj;J jUfpNwhk;
vd;W cWjp $WfpNwhk;."
22. In this connection, even though a tender was issued to the registered contractor who started the work after performing Bhoomi Pooja on 20.12.2018, the work was stopped without any reason. It is submitted by the learned counsel for the Writ Petitioners that the scheme sanctioned by the District Collector is the approved scheme and as per the plan, pipeline is laid to draw seepage water to Murungatholuvu Pond, Pudupalayam Pond and Kalikkalvalasu. But one section of people belonging to MurungaTholuvu Village is objecting to complete the work of taking water through pipeline to Pudupalayam Pond and Kalikkalvalasu Pond.
http://www.judis.nic.in The learned counsel for the Petitioners further submits 13 that the Objectors have no right to oppose the scheme as it had been sanctioned by the District Collector. Therefore, stopping the scheme work is illegal and without any justification.
23. The learned counsel for the Impleaded Petitioner ie., Vishnu Farmers Club submits that the farmers of the Murungatholuvu village, at no point of time, objected the scheme of filling up of water in Murungatholuvu Village and the pipe line laying work. Actually, using solar power motor and drawing excess seepage water from the Ollakadupadhi dam by laying the pipeline has been supported by their members. The Village people had contributed Rs.17 lakhs in addition to Rs.35 lakhs granted through the MP Fund and another Rs.7.50 lakhs taken as a loan from REPCO Bank. It is stated that when the water is being flown for 150 days, level of Murungatholuvu pond will get the inflow of 9 feet water; at the rate of 10 paise per lite, the water collected in the Murungatholuvu pond will save 1.80 crores. It is further submitted that the water in the pond will help to increase the ground water level in and around 15 villages.
24. The report of the District Collector further reveals that the storage level in the Murungatholuvu pond has increased the ground water level. In such circumstances, because of the objection by a section of people, the laying of pipe line work could not be completed. It is clear from the facts that the District Administration has already been directed by this court to carry on the work and further directed that trial run shall be completed within a period of ten http://www.judis.nic.in days, if there are any repairs to be done, the same shall be carried out and the 14 pipeline shall be put to use within a period of two weeks, from the date of completion of trial run, after rectifying the defects. As such, the action of one section of people belonging to Murugatholuvu Village, who object to the project out of their anxiety and making attempts to prevent the project which is at the stage of completion is against the Scheme and the welfare of people.
25. The learned Additional Advocate General while reiterating the averments made in the report of the District Collector, Erode District, submitted that the area of Murungatholuvu pond is 16 acres and it will take six months for the said pond to fill up when it gets the excess seepage water from Olakattupathi dam. In such circumstances, the people of Murungatholuvu village raised objection not to divert the water from Murungatholuvu pond to any other pond.
26. The District Collector, Erode, has stated that the District Rural Development Plan Director as well as the Executive Engineer, inspected three ponds viz., Murungatholuvu, Pudupalayam and Kalikkavalasu on 12.03.2019 and submitted a report that the extent of Pudupalayam Pond is about 1,828 Acre and the Kalikkavalasu Pond is 7.04 Acre. It is further reported that there is a route available between Pudupalayam and Kalikkavalasu Ponds for draining water, but, there is no water route available from Murungatholuvu Pond to Pudupalayam Pond and therefore, laying of pipeline is necessary to take water from Murungatholuvu pond. The District Collector further submitted that on the one hand, the people of Pudupalayam and Kalikkavalasu villages sought for http://www.judis.nic.in implementation and execution of the project for taking water through pipe line 15 from Murungatholuvu Village to their village ponds respectively; on the other hand, a section of people who belong to Murungatholuvu Panchayat raised their objections to stop the said work.
27. At this stage, it is pertinent to note that water shortage and decline in rainfall is a serious issue that is faced by the present generation of people leading people to pay money for water and witnessing movement of water tanker lorries through out the State. Shrinkage of Lakes, Ponds, rivers by encroachment all around the water bodies will definitely have a serious impact for the future generation.
28. With the view to fortify the matter, it is relevant to state here that time and again, the reports of the Experts Body, this court as well as Honourable Supreme Court have expressed their deep concern and issued directions to Central Government to constitute a Committee for solving water shortage in most parts of our country. In this regard, the Honourable Supreme Court of India, in the decision reported in 2009 (3) CTC 412 [M.K.Balakrishnan and othres Vs. Union of India], dealt with Article 21 of the Constitution of India and opined that right to get water is a part of the right to life guaranteed under Article 21 of the Constitution. In the said decision, the Supreme Court has held as under:-
"2. Despite having immense reservoirs of water in the form of the Himalayas in the North and the Arabian sea, Indian Ocean and the Bay of Bengal in the West, South and East of India, there are water shortages everywhere often leading to riots, road blocks and other disturbances and disputes for getting water. In many cities, in many colonies people get water for half an hour in a day, and sometimes not http://www.judis.nic.in even that e.g. in Delhi, South India, Rajasthan, U.P., Madhya Pradesh, 16 Orissa, Maharashtra, Northeast, etc.. In large parts of rural areas there is shortage of water for irrigation and drinking purpose. Rivers in India are drying up, ground water is being rapidly depleted, and canals are polluted. The Yamuna in Delhi looks like a black drain. Several perennial rivers like the Ganga and Brahamputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over- pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding ground water for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.
In our opinion it is science alone which can solve this problem ( as well as the other gigantic problems facing the country). India has a strong heritage of science. With the aid of science we had built mighty civilizations thousands of years ago when most people in Europe (except in Greece and Rome) were living in forests. We had made outstanding scientific discoveries and inventions in the past (see Will Durants' `The Story of Civilization : Our Oriental Heritage). However, we subsequently took to the unscientific path of superstitions and empty rituals, which has led us to disaster. The way out therefore for our nation is to once again turn to the scientific path shown by our ancestors - the path of Aryabhatta and Brahmagupta, Sushrut and Charak, Ramanujan and Raman. It is indeed sad that a country like India which scientifically solved the problem of town planning 6000 years ago in the Indus Valley Civilization and which discovered the decimal system in Mathematics and Plastic Surgery in Medicine in ancient times, and is largely managing Silicon Valley in U.S.A. today has been unable to solve the problem of water shortage till now. In our opinion there is no dearth of eminent scientists in the field who can solve this problem, but they have not been organized and brought together and not been requested by the Central and State Governments to do their patriotic and sacred duty to solve this problem, nor given the facilities for this.
Similarly in Chameli Singh & Ors. vs. State of U.P. & Ors. 1996(2) SCC 549 this Court observed :
"..........Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society. All civil, political, social and cultural rights enshrined in the Universal Declaration of Human Rights and Convention or under the Constitution of India cannot be exercised without these basic human rights."...........
5. In my opinion the right to get water is a part of right to life guaranteed by Article 21 of the Constitution. In this connection, it has been observed in Delhi Water Supply & Sewage Disposal http://www.judis.nic.in Undertaking and Anr. vs. State of Haryana and Ors. [JT 1996 (6) 17 SC 107; 1996 (2) SCC 572]:3, "Water is a gift of nature. Human hand cannot be permitted to convert this bounty into a curse, an oppression. The primary use to which water is put being drinking, it would be mocking nature to force the people who live on the bank of a river to remain thirsty".....
29. The Honourable Supreme Court in the decision reported in (2000) 10 SCC 664 [Narmada Bachao Andolan Vs. Union of India and others] has held as under:-
"Water is the basic need for the survival of human beings and is part of right of life and human rights as enshrined in Article 21 of the Constitution of India and can be served only by providing source of water where there is none. The Resolution of the U.N.O. in 1977 to which India is a signatory, during the United Nations Water Conference resolved unanimously inter alia as under:
All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs. Water is being made available by the State of Rajasthan through tankers to the civilians of these areas once in four days during summer season in quantity, which is just sufficient for their survival. The districts of Barmer and Jalore are part of Thar Desert and on account of scarcity of water the desert area is increasing every year. It is a matter of great concern that even after half a century of freedom, water is not available to all citizens even for their basic drinking necessity violating the human right resolution of U.N.O. and Article 21 of the Constitution of India. Water in the rivers of India has great potentiality to change the miserable condition of the arid, drought-prone and border areas of India "
The Honourable Supreme Court in the decision reported in (2011) 11 SCC 396 [Jagpal Singh and Others Vs. State of Punjab and others] had the occasion to come down heavily on the illegal encroachments made on the Gram Panchayat Lands and pointed out that illegal occupants and unauthorised encroachments in the village pond of Gram Panchayat are to be evicted by preparing schemes for eviction. In the said decision, in paragraph Nos.19 and http://www.judis.nic.in 20, it is held as follows:-
18
"19. In this connection we wish to say that our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some other reason, and water was also required for cattle to drink and bathe in etc. Hence they built a pond attached to every village, a tank attached to every temple, etc. These were their traditional rain water harvesting methods, which served them for thousands of years.
20. Over the last few decades, however, most of these ponds in our country have been filled with earth and built upon by greedy people, thus destroying their original character. This has contributed to the water shortages in the country. Also, many ponds are auctioned off at throw away prices to businessmen for fisheries in collusion with authorities/Gram Panchayat officials, and even this money collected from these so called auctions are not used for the common benefit of the villagers but misappropriated by certain individuals. The time has come when these malpractices must stop. "
The Honourable Supreme Court in the decision reported in (2002) 10 SCC 606 [T.N.Godavaran Thirumalpad (Through K.M.Chinnappa) Vs. Union of India] while dealing with Environment Protection and Pollution Control, held that convenience and benefit to a larger section of people has to be given primacy over hardship to a comparatively smaller section. The said principle is squarely applicable to the case on hand. The newly impleaded respondents who are so called objectors for the implementation of the scheme, is concerned only about their village viz., Murugatholuvu Pond and therefore, even after the sanction of funds and approval of plan by the authorities concerned, the scheme could not be implemented and put to use for the public. The authorities concerned should not only be keen in kick starting the Projects with garlands and ribbon cutting but also more keen on execution and completion of projects, so that the funds allocated would not go waste. The Supreme court in the decision cited supra ( (2002) 10 SCC 606) held as follows:-
" 29. To protect and improve the environment is a constitutional mandate. It is a commitment for a country wedded to the ideas of a welfare State. The world is under http://www.judis.nic.in an impenetrable cloud. In view of enormous challenges 19 thrown by the industrial revolution, the legislatures throughout the world are busy in their exercise to find out means to protect the world. Every individual in the society has a duty to protect nature. People worship the objects of nature. The trees, water, land and animals had gained important positions in the ancient times. As Manu VIII, p.282 says, different punishments were prescribed for causing injuries to plants. Kautilya went a step further and fixed the punishment on the basis of importance of the part of the tree. (See Kautilya III, XIX, 197)
30. As observed by this Court in Rural Litigation and Entitlement Kendra Vs. State of U.P., natural resources have got to be tapped for the purpose of social development but one cannot forget at the same time and tapping of resources has to be done with requisite attention and care so that ecology and environment may not be affected in any serious way; there may not be affected in any serious way; there may not be any depletion of water resources and long term planning must be undertaken to keep up the national wealth. It has always to be remembered that these are permanent assets of mankind and are not intended to be exhausted in one generation.
40. Sustainable development is essentially a policy and strategy for continued economic and social development without detriment to the environment and natural resources on the quality of which continued activity and further development depend. Therefore, while thinking of the developmental measures the needs of the present and the ability of the future to meet its own needs and requirements have to be kept in view. While thinking of the present, the future should not be forgotten. We owe a duty to future generations and for a bright today, a bleak tomorrow cannot be countenanced. We must learn from our experiences of the past to make both the present and the future brighter. We learn from our experiences, mistakes from the past, so that they can be rectified for a better present and the future. It cannot be lost sight of that while today is yesterday's tomorrow, it is tomorrow's yesterday."
30. On coming to the given case on hand, the Scheme approved by the District Collector is based on the recommendations of the Member of Parliament from Erode Constituency from the Local Area Development Scheme for the year 2015-16 towards execution of the Project for laying pipeline from the Olakkattupathy Seepage Pond to Murugatholuvu Pond and the work was http://www.judis.nic.in 20 estimated at Rs.35.00 lakhs, the details of the said sanction as well as the proceedings issued by the District Collector, Erode, is extracted as under:-
"ghh;it-1y; fhZk; fojj;jpd;go <nuhL kf;fsit cWg;gpdh; mth;fshy; Vw;fdnt ghpe;Jiu bra;ag;gl;l ml;ltiz 1y; fhQqk; gzpapid ,uj;J bra;J ghh;it-3y; fhQqk; fojj;jpd;go ml;ltiz 2y; fhQqk; gzpfSf;F jpUj;jpa ghpe;Jiu bra;Js;shh;/ ml;ltiz -2 jpUj;jpa ghpe;Jiu bra;ag;gl;l g[jpa gzpfs; tpguk;
t/ gzp gzp tpguk; ghuhSkd;w
vz; bray;gLj;Jk; cWg;gpdh;
mYtyh; xJf;fPL
(U:
,yl;rj;jpy;)
1. tl;lhu brd;dpkiy Cuhl;rp 23.00
tsh;r;rp xd;wpak; =
mYtyh; KU';fj;bjhGt[
(t/C/) Cuhl;rp.
brd;dpkiy/ fU';ft[z;ld;tyR
mUfpYs;s
Xyf;fhl;oy; ,Ue;J
KU';fj;bjhGt[
g";rhaj;Jf;Fsk; tiu
igg; iyd;
mikj;jy;/
2. tl;lhu brd;dpkiy Cuhl;rp 12.00
tsh;r;rp xd;wpak;
mYtyh; -KU';fj;bjhGt[
(t/C/) Cuhl;rp Xyf;fhl;L
brd;dpkiy/ Fl;ilapy; nrhyhh;
kpd; nkhl;lhh;
mikj;jy;/
bkhj;jk; 35.00
vdnt. 2015-16 Mk; Mz;oy; ghuhSkd;w cWg;gpdh; cs;S:h; tsh;r;rpj;
jpl;lj;jpd;fPH; kf;fsit cWg;gpdh; mth;fshy; ml;ltiz-2y; fhQqk;
jpUj;jpa ghpe;Jiu bra;j gzpfis bray;gLj;jpl eph;thf mDkjp tH';fpl http://www.judis.nic.in VJthf rhj;jpaf;TW mwpf;if (Feasibility Report) kw;Wk;21
kjpg;gPLk; brd;dpkiy tl;lhu tsh;r;rp mYtyh; (t/C) rkh;g;gpj;Js;shh;/ vdnt. ml;ltiz-1y; fhQqk; gzpapid ,uj;J br;aJ.
ml;ltiz-2y; fhQqk; gzpfis bray;gLj;jpl eph;thf mDkjp tH';fp ,jd; K:yk; cj;jutplg;gLfpwJ/"
31. To address the water problem in the State, on the one hand, Experts who are involved in scientific research for solving the water shortage are giving their reports and on the other hand, the Local Self Government is taking immense steps to solve the water shortage problem in order to save the farming lands. Hence, this court is of the view that the scheme as devised in the present case, wherein, utilising the excess seepage water from the check dam to fill the village ponds by laying pipeline, by using solar motor power which is a natural resource, save revenue of the exchequer and therefore, it can be extended to other Districts in the State of Tamil Nadu. In this regard, this court is of the view that the aforesaid Project is a laudable Project and the same shall be extended to the other Districts also in the interest of public at large. Accordingly, this Court suggest that the State Government shall constitute a Committee to evolve a Scheme and frame guidelines to utilise the surplus water which goes into drain during the Monsoon season by diverting it to Ponds, Lakes out of the funds allotted by the MLAs, MPs and the funds sanctioned by the Government and thereby taking it to drought hit and dry areas by pipeline with the help of solar motor power in each District apart from working out plans to draw the seepage water from check dams, excess water that flows to the sea during http://www.judis.nic.in monsoon and to manage the flood waters so as to protect and preserve 22 farm lands and thereby save the living organisms.
32. Before parting with this case, this court places on record the immense efforts taken by the counsel for the parties and the members across the bar who were instrumental to the suggestions that the Project discussed in this Writ Petition is to be extended to other Districts for the benefit of the People.
33. In view of the above discussion, this court deems it fit to direct the respondents herein to issue appropriate instructions to the Executive Engineers concerned, to complete the work, within a period of four weeks, from the date of receipt of a copy of this order. It is also directed that the directions issued by this court by an order dated 13.04.2016 in W.P.No.28615 of 2015 has to be followed in letter and spirit. If any objection is raised by any section of the People, the authority concerned shall seek Police protection and shall complete the Project within the specified time.
34. With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected MP is closed.
12.04.2019 Index:Yes/No Web:Yes/No Speaking/Non Speaking nvsri Note:Issue order copy on or before 30.04.2019 http://www.judis.nic.in 23 To
1.The District Collector Erode District Erode-638 011
2.The Special Officer/ Block Development Officer Chennimalai Panchayat Union Chennimalai-638 051 http://www.judis.nic.in 24 D.KRISHNAKUMAR, J.
nvsri WP.4111 of 2019 12.04.2019 http://www.judis.nic.in