Madras High Court
S. Mathivanan vs The Authorised Officer And on 6 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 885
Bench: S.Manikumar, Subramonium Prasad
W.P.No.8300 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06/8/2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.8300 of 2019
S. Mathivanan ... Petitioner
Vs
1. The Authorised Officer and
Special District Revenue Officer
Land Acquisition (NH-7,66,948 A and 844)
National Highways Authority of India
Bangalore Main Road, I Floor of
Ex-serviceman Welfare Office and Canteen
Krishnagiri 635 001.
2. The Project Director
SRSPIU – Krishnagiri
No.259/1 Salem Main Road
National Highways Authority of India
Krishnagiri 635 001.
3. The District Collector
Krishnagiri District at Krishnagiri
4. The Chief Engineer
Water Resources Organisation – Chennai Region
Public Works Department
Chepauk
Chennai 600 005. ... Respondents
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W.P.No.8300 of 2019
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, issuance of a Writ of mandamus to direct the respondents to
realign the newly proposed Highways Project NH 844 between Neeralur
and Onnalvadi through Hosur in such a manner without in any way
affecting the water bodies situate in S.Nos.386, 391, 534/2, 1163/3,
1069, 99, 301/6, 731, 639/1, 383, 411, 374, 172/2, 465, 338/3 at Hosur
and Denkanikottai Taluk, respectively, Krishnagiri District.
For Petitioner ... Mr.L.Chandrakumar
For respondents ... Mr.Su.Srinivasan
for R.R.1 and 2.
Mr.E.Manoharan
Additional Government Pleader
for R.R.3 and 4
-----
ORDER
(Order of the Court was made by Subramonium Prasad, J) Petitioner, a permanent resident of Bharathi Nagar, Arasanatti, Hosur, has filed the instant writ petition, to direct the respondents, to realign the newly proposed Highways Project NH 844, between Neeralur and Onnalvadi through Hosur, in such a manner, without in any way affecting the water bodies, situate in S.Nos.386, 391, 534/2, 1163/3, 1069, 99, 301/6, 731, 639/1, 383, 411, 374, 172/2, 465, 338/3, at Hosur and Denkanikottai Taluk, respectively, Krishnagiri District.
2. Petitioner states that there are a number of water bodies and http://www.judis.nic.in 2/22 W.P.No.8300 of 2019 lakes in and around Hosur. There is a horticulture and vegetables farming center and it requires plenty of water. Petitioner, contends that preservation of water bodies is extremely essential, for the aforesaid purpose.
3.It is the case of the petitioner that, National Highways Authority of India is proposing to construct a highway project, on NH-844, between Neeralur and Onnalvadi and according to the petitioner, this highway will cause extensive damages to the water bodies. Petitioner has given a table, setting out the details of water bodies which are likely to be affected.
Details of proposed water bodies planned to be undertaken S.No. Village name Survey Nature of Areas Total Areas number land proposed to of Water be acquired Body (in acres) (in acres) 1 Onnalvadi 386 Water spread 2.808 5.782 area 2 Onnalvadi 391 lake 2.264 14.99 3 Pathakottai 534/2 lake 2.482 ---
4 Udhanapalli 1163/3 kuttai 2.257 ---
5 Nallur 1069 lake 0.961 ----
6 Nallur 299 lake 2.133 5.955
7 Kothakondapalli 301/6 lake 0.465 12.009
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W.P.No.8300 of 2019
S.No. Village name Survey Nature of Areas Total Areas
number land proposed to of Water
be acquired Body
(in acres) (in acres)
8 Kothakondapalli 731 lake 1.37 22.48
9 Thorapalli 639/1 lake 0.371 5.189
10 Thorapalli 383 Odai 0.835 1.186
11 Thorapalli 411 Odai 0.291 1.556
12 Thorapalli 374 Odai 0.06 3.706
13 Odiyanadahalli 172/2 lake 0.389 13.54
14 Anchattipalli 465 kuttai 0.283 0.877
15 Anchattipalli 338/3 lake 0.044 0.234
4. The petitioner has found that the following government poramboke (Vaari lands) were also to be acquired, for the purpose of the proposed Highway project.
S. Village name Survey Nature of land Areas
No. No. proposed to
be acquired
(in acres)
1 Odiyandahalli 47/3 Government Poramboke 0.122
(Vaari)
2 Odiyandahalli 354/2 Government Poramboke 0.257
(Vaari)
3 Odiyandahalli 577/1B Government Poramboke 0.789
(Vaari)
4 Odiyandahalli 683 Government Poramboke 0.228
(Vaari)
5 Odiyandahalli 713 Government Poramboke 0.216
(Vaari)
6 Mathigiri 686/D2 Government Poramboke 0.079
(Vaari)
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W.P.No.8300 of 2019
S. Village name Survey Nature of land Areas
No. No. proposed to
be acquired
(in acres)
7 Mathigiri 387/5 Government Poramboke 0.058
(Vaari)
8 Pathakotta 715/1 Government Poramboke 0.1502
(Vaari)
9 Pathakotta 737/1 Government Poramboke 0.386
(Vaari)
10 Pathakotta 715/1 Government Poramboke 0.061
(Vaari)
11 Pathakotta 320 Government Poramboke 0.401
(Vaari)
12 Pathakotta 373/A2 Government Poramboke 0.009
(Vaari)
13 Pathakotta 221 Government Poramboke 0.058
(Vaari)
14 Pathakotta 245/2 Government Poramboke 0.161
(Vaari)
15 Aleakotta 104 Government Poramboke 0.574
(Vaari)
16 Aleakotta 1156/1 Government Poramboke 0.424
(Vaari)
5. It is the contention of the petitioner that there were three proposals before the National Highway Authority/respondents 1 and 2 for construction of highway. Under the first proposal, the proposed National Highways has to traverse for about three Kms., into a veterinary farm.
Under the second proposal, the road was to traverse to the outskirts of Hosur and to touch SH-85 by laying a new route and third proposal was http://www.judis.nic.in 5/22 W.P.No.8300 of 2019 with a small modification of utilisation of the already existing SH-17 B for a stretch of about three Kms.
6. Petitioner states that for reasons unknown, National Highways Authority of India, has decided to stick to proposal No.3 and that the proposal No.3 would result in destroying number of water bodies. It is the contention of the petitioner that it is settled law that while constructing roads, National Highways Authority of India, must not destroy the existing water bodies and the petitioner therefore, has filed the instant writ petition, praying for the relief as stated therein.
7. On notice, respondents have filed their counter. Instead of paraphrasing the counter, it would be better to extract the statements in the counter, which will bring out the necessity, for the proposed project and the reason as to why option No.3 was chosen and the efforts that will be taken by the National Highways Authority of India, to preserve water bodies. Paragraphs 2 to 10 is reproduced hereunder:-
“2. With regard to paragraphs 2 to 5, it is submitted that the existing NH 44 connecting Bangalore to Dharmapuri is presently 6 lanes from Bengaluru to Krishnagiri and 4 lanes from http://www.judis.nic.in 6/22 W.P.No.8300 of 2019 Krishnagiri to Dharmapuri passing through the cities of Hosur and Krishnagiri built up areas. The existing traffic scenario on NH 44 at Krishnagiri Toll plaza in Tamil Nadu is 59407 PCUs and this traffic warrants widening of the existing NH 44 to 8 lanes immediately as per guidelines of Indian Road Congress (IRC) and it involves dismantling of lot of built-up areas of Hosur for a length of 15 km approx and Krishnagiri. It is pertinent to point out that these built up area includes several commercial establishments, trading centers, Hotels, shops, petrol bunk, houses and places of worship etc., as acquisition of lands for widening in this stretch of existing NH would cause demolition of existing structures and houses. It would have severe adverse impact over hundreds of families, not only whose livelihood get affected but also has to be displaced. As per Section 2.1 (ii) (b) of IRC:SP:84-2014, where there is constraint of ROW width, the Authority may specify construction of bypass. The built up area practically poses a serious constraint in widening depending upon the intensity of development. Hence, Government of India has decided to improve the existing alternate State Highways viz., SHS 17 (now upgraded as NH 844) by way of widening, starting from Neraluru to Adhiyamankottai near Dharmapuri so that through traffic on NH 44 can be diverted to NH 844 so as to achieve free flow of traffic and avoiding congestion to the Hosur town with a reduced length of 19 Km and also considerable travel time.
3. It is further submitted that the Ministry of Road Transport and Highways vide Gazette of India S.O No.896 (E) http://www.judis.nic.in 7/22 W.P.No.8300 of 2019 dated 1/3/2018 has declared the stretch starting from junction with NH 44 near Hosur and terminating at its junction with NH 44 near Adiyamankottai in the State of Tamil Nadu, as NH 844 and the Secretary, Ministry of Road Transport & Highways, Government of India has consented in principle approval on 19/2/2018.
Accordingly, NHAI has appointed DPR Consultants M/s. K & J Projects Pvt Ltd., in association with Cos Consultancy Services for preparation of detailed project report. The consultants has finalised the alignment as per the guidelines. The alignment finalised by the Consultants is mainly passing through new alignment for a length of 67.00 km and for 1 km through Sanamavu Reserved Forest and Gummanuru R.F for a length of 0.3 km out of total 94,460 km and the balance length is passing in the existing road. The major portion of the alignment is proposed through Greenfields, as already stated in the pre-para, to avoid heavily built-up areas, houses & factories.
4. With regard to contentions raised in paras 6, 7 and 8, it is submitted that the Chief Secretary, Tamil Nadu, vide Letter No.7444/HV1/2018-8 dated 29/6/2018 instructed all the District Collectors to examine all the alignment proposals of the National Highway Authority of India (NHAI) before approving it. Based on instructions of State Government, the District Collector, Krishnagiri, inspected the alignments on 4/7/2018 and 23/7/2018 proposed by the DPR Consultants and minor deviations to the alignment. One of such suggestions was http://www.judis.nic.in 8/22 W.P.No.8300 of 2019 safeguarding the PPC Center with cold storage facility (Agri Process Unit) constructed by the State Government of Tamil Nadu) with a cost of 12 cr at Kaduchettypatti village and another to save the Government Cattle Farm. Hosur which was divided into two pieces. The cattle farm has large number of heritage buildings and is playing major role in invention of latest technologies in bull, cow, sheep, chicken and piggy etc. A large number of activities are underway in the farm and it was not possible to lay a road through the farm area. Moreover, the college of Poultry Production and management is also functioning within the farm itself. Accordingly, the lands required for alignment consented by the third respondent was published on 13/9/2018 under Section 3 A of the NH Act, 1956 and the content of Notification was published in local newspaper on 15/8/2018 and 22/9/2018 and 21 days time was given to the land owners/interested persons to file their objection petitions to the first respondent as per NH Act, 1956. Accordingly, the first respondent conducted hearings on the objections as contemplated under Section 3 C of NH Act, 1956 and orders were passed by the first respondent. After following all mandatory requirements as per NH Act, 1956, Gazette under Section 3 D was also contemplated for the project and the same was published in the gazette of India, on 7/1/2019.
5. It is submitted that the said project is passing through the Forest locations at Sanamvu and Gummanuru. At Sanamavu Reserved Forest the existing two lane Highway which is proposed now for four lane is passing for a length of 1 km http://www.judis.nic.in 9/22 W.P.No.8300 of 2019 (km.26.900 to km 27.900) and required an additional extent of 3.35 hectares only. At Gummanuru R.F the road is passing at the edge of RF for a length of 0.3 km involving an extent of 0.5117 HA. As per existing rules, an online application is made with District Forest Officer, Krishnagiri for diversion of Forest land at Sanmavu area and it is under process and approval is awaited. Based on Forest Department, recommendations at Sanmavu Reserve Forest area an elephant corridor (Fly over) for a proposed length of 240 meters with the estimated costs of Rs.45.786 Cr to facilitate uninterrupted crossing of Elephants at this location is also provided. The proposal was submitted to DFO Krishnagiri for approval and the same is under consideration. Regarding Gummanur Reserve Forest the required certificate from the Collector, Dharmapuri, is obtained and it is in the process of online uploading of the proposal for approval of Competent Authorities.
8. It is further submitted that the alignment of NH 844 is passing/touching on outer edges of the following water bodies and the remedial measures proposed by the Government are as detailed below:-
Sl. Village Village Survey Nature Chainage Proposed Remarks No name Name numbers of along NH structure water on the body water bodies 1 Hosur Onnalvadi 386 Water 18+900 to ROB The alignment abuts spread 19 + 100 Approach / the water body buy area Culvert does not affects the 2 Hosur Onnalvadi 391 lake 19 + 200 inflow to the tank, however, a balancing culvert is provided in http://www.judis.nic.in 10/22 W.P.No.8300 of 2019 Sl. Village Village Survey Nature Chainage Proposed Remarks No name Name numbers of along NH structure water on the body water bodies the proposed alignment.
3 Shoolag Aleakotta 534/2 lake 28 + 400 Culvert Culvert is provided
iri (Pathakotta) without affecting
Linear waterway and
inflow of water
4 Shoolag Uddanapalli 1163/3 lake 34 + 000 Major A Major Bridge is
iri to 34 + Bridge divided at higher
200 level, hence
Catchment will not be
affected
5 Shoolag Uddanapalli 1069 kuttai 35 + 800 Desilting Retaining wall will be
iri to 36 + will be done constructed
100 to maintain
storage
capacity
6 Denkani Nallur 299 lake 46 + 100 Major A Major Bridge is
kottah to 46 + Bridge divided at higher
200 level, hence
Catchment will not be
affected
7 Denkani Nallur 301/6 lake 46 + 400 Desilting
kottah to 46 + will be done
600 to maintain
storage
capacity
8 Hosur Kothakonda 731 lake 11 + 200 Culvert Culvert is provided
palli to 11 + without affecting
700 Linear waterway and
inflow of water
9 Hosur Kothakonda 639/1 lake 11 + 800 Culvert
palli to 12 +
000
10 Hosur Thorapalli 374 odai 23 + 100 Interchange Necessary cross
Agraharam to 23 + drainage will be
200 provided during
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W.P.No.8300 of 2019
Sl. Village Village Survey Nature Chainage Proposed Remarks
No name Name numbers of along NH structure
water on the
body water
bodies
11 Hosur Thorapalli 383 odai 23 + 200 construction of STRR
Agraharam to 23 +
300
12 Hosur Thorapalli 411 odai 23 + 500 Minor A Minor Bridge is
Agraharam to 23 + Bridge provided at higher
550 level, hence,
Catchment will not be
affected
13 Denkani Odayandahal 172/2 lake 52 + 200 Desilting Retaining wait will be
kottah li to 52 + will be done provided
600 to maintain
storage
capacity
14 Hosur Achettipalli 465 kuttai 18 + 700 Desilting Retaining wait will be
will be done provided
to maintain
storage
capacity
15 Hosur Achettipalli 338/3 lake 17 + 200 Culvert A Balancing Culvert
to 17 + is provided to enable
400 free movement of
water
Government Poramboke (Vaari) lands affected as alleged by the petitioner is as below Sl. Taluk Name Village Name Survey Nature of Chainage Proposed Remarks no. Numbers Water body along NH Structure on the water bodies 1 Denkanikottai Odayandahalli 47/3 Governmen 50+400 to Culvert Culvert is t Poraboke 50+700 provided without (Vaari) affecting Linear waterbody http://www.judis.nic.in 12/22 W.P.No.8300 of 2019 Government Poramboke (Vaari) lands affected as alleged by the petitioner is as below 2 Denkanikottai Odayandahalli 354/2 3 Denkanikottai Odayandahalli 577/18 4 Denkanikottai Odayandahalli 683 5 Denkanikottai Odayandahalli 713 6 Hosur Mathigiri 686/D2 7 Hosur Mathigiri 387/5 8 Shoolagiri Aleakota 715/1 (Pathakotta) 9 Shoolagiri Aleakota 737/1 (Pathakotta) The Proposed NH – 844 Alignment does not passess through these Lands 10 Shoolagiri Aleakota 715/1 (Pathakotta) The Writ Petitoner has used the local name of 11 Shoolagiri Aleakota 320 Pathankottai Sl.No.8 to 14. The official name of the (Pathakotta) village as per Revenue record is Aleakotta. 12 Shoolagiri Aleakota 373/A2 (Pathakotta) 13 Shoolagiri Aleakota 221 (Pathakotta) 14 Shoolagiri Aleakota 245/2 (Pathakotta) 15 Shoolagiri Aleakota 104 (Pathakotta) 16 Shoolagiri Aleakota 1156/1 (Pathakotta)
9. It is submitted that as explained above, the alignment of NH 844 is passing/touching at the edges of the water bodies mostly for which necessary mitigation measures have been taken into account and there will be no damage to the water bodies either in catchment area or in the linear water way. It is further submitted that MoRTH vide Circular No.RW/NH- 34066/09-2017-S & R (B) dated 31/8/2017 has issued instructions for digging of ponds, nalas, water bodies, rivers and utilisation of soil thereof for projects water conservation. An excerpts of the circular is given below.
http://www.judis.nic.in 13/22 W.P.No.8300 of 2019 “On the other hand, any parts of the country are facing severe drought conditions and one of the possible long term solutions is water conservation/re-charging through creation/revival of water bodies such as water tanks, ponds, check dams and farm ponds in the rural areas.
It has been observed that there is a good scope for synchronising these two activities. It is being considered as to whether the process of procuring large quantities of earth can be harmonised with any ancillary activity for maximising outcomes. Water conservation/re-charging can thus be very easily synchronised with digging of existing or new water bodies for procuring earth.” Accordingly all efforts will be made in consultation with District Administration to desilt the water bodies along the project alignment and use the soil for the formation of the road. This process will reach of the water bodies along the project alignment. The second respondent has undertaken all precautionary measures to protect the water bodies along the proposed alignment and therefore, petitioners apprehensions do not have any legal merit.
9. It is submitted that the petitioner also filed before the Hon'ble Green Tribunal, Principal Bench New Delhi vide application No.75/2019 against State Government of Tamil Nadu. Accordingly, the Member Secretary, State Level http://www.judis.nic.in 14/22 W.P.No.8300 of 2019 Environment Impact Assessment Authority – TN, Chennai, vide letter dated 6/4/2019 requested the second respondent to furnish certain details vide letter No.606 dated 9/4/2019 to the Member Secretary. The Committee consisting of team from MOE & F, Bangalore, Officers from State Pollution Control Board on behalf of Member Secretary, State Level Environment Impact Assessment Authority – TN, Chennai, DFO Hosur & Dharmapuri and second respondent inspected the site on 10th & 11th April 2019 and examined each and every water body mentioned by the petitioner including Reserved Forest areas at Sanmavu in detail. However, no report of above Committee has been received by the second respondent. The second respondent has taken care of all existing and affected water bodies along the proposed alignment in the form of constructing Bridges, Culverts and widening of existing culverts with sufficient vent size to protect the existing water bodies as mentioned above. The above submissions reveals that the NHAI through second respondent has taken care of the affected water bodies by planning the proposed road at the outer edges of water bodies mostly and by proposing structures along the water bodies to enhance the capacity of water bodies by expanding the existing culvert size and by proposing balancing culverts, bridges to maintain the existing capacity of tanks affected.
10. It is further submitted that the second respondent vide letter No.314 dated 19/2/2019 has submitted proposals for necessary approval to Chief Engineer PWD, WRO, Chennai.
http://www.judis.nic.in 15/22 W.P.No.8300 of 2019 The competent authority for land acquisition has followed the prescribed procedure by publishing the content of 3 A Gazette Notification in two local newspaper and giving opportunity to the affected land owners to file their objections before the first respondent under Section 3 of NH Act, 1956 as submitted in para 4 above. While fixing the alignment by the Technical experts of DPR Consultants, every care has been taken to achieve the road geometrics as per IRC guidelines only and no biased approach and unethical deviation is adopted as alleged by the petitioner.
While finalising the alignment every care has been taken to preserve the natural movement of Elephants at Sanmavu Reserve Forest by constructing flyover. All the statutory clearances required for the project will be obtained at appropriate time before start of the work. The major portion of the alignment is proposed through Greenfields to avoid built-up areas, houses & factories, religious structures, burial grounds, etc.
8. It is further pertinent to mention that National Highways Authority of India has also written letters, to the Chief Engineer, Public Works Department, WRO, Chennai Region, Chepauk, Chennai, informing about the proposed highway and for getting necessary permission, regarding water bodies. Letter, dated 19/2/2019, by which permission is sought for lands, in Bommanur tank and Jerthalav tank, is reproduced:-
http://www.judis.nic.in 16/22 W.P.No.8300 of 2019 No.NHAI/11021/Lot-6/Package II/PIU-K' giri/2019/314 19 th February, 2019 To The Chief Engineer PWD, WRO Chennai Region Chepauk Chennai.
Sir, Sub: NHAI, PIU-Krishnagiri – Four laning of Neralur (Karnataka) – Kothakondapalli (TN) – Rayakottai – Dharmapuri Section of NH-844 from Km.0.000 to Km.94.460 (Design chainage) under Bharatmala Pariyojna Phase – I (National Corridor) in the State of Karnataka and Tamil Nadu – PWD Tank in Dharmapuri District – Permission requested – Reg.
Ref: DPR Consultant Lr.No.Cosbmpsalem/PD Krish/118/2019 dated 18/2/2019
------
It is to inform that National Highways Authority of India, Ministry of Road Transport and Highway, Government of India has proposed to take up the stretch for four laning from Neralur (Karnataka) – Kothakondapalli (TN) – Rayakottai – Dharmapuri Section of NH-844 from Km.0.000 to Km.94.460 (Design Chainage under Bharatmala Pariyojna Scheme and the project is scheduled for award during FY 2018 – 19. M/s. K & J Projects Pvt Ltd in Association with COS consultancy services has engaged by NHAI for preparing DPR.
2. Vide reference cited, the DPR Consultant M/s. K & J Projects Pvt Ltd in Association with COS consultancy services has informed that certain portion of lands in (1) Bommanur Taluk (2). Jerthalav Tank are coming within the proposed Right of Way of the Project corridor in Dharmapuri District maintained by Executive Engineer, PWD Dharmapuri. The sketch showing the required length and area of the PWD tanks is enclosed herewith for kind information and ready reference.
In view of the above, it is requested that necessary permission may please be accorded for crossing the certain portion of lands in (1). Bommanur Tank, (2) Jerthalav Tank at the earliest for taking further necessary action.
Yours faithfully (D.V.Narayana) General Manager (Tech) & Project Director PIU – Krishnagiri.
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9. The Panchayat Union, Shoolagiri, Krishnagiri Disrict, by letter, dated 3/6/2019,has given No Objection, to carry out the road project, in their area. Similarly, Panchayat Union, Palacode, has also given No Objection Certificate, dated 18/6/2019, in R.O.C.No.1284/2019/A2. No Objection Certificates have also been given by Kelamangalam Panchayat, Hosur Panchayat Union, respectively.
10. Respondents have also brought on record the Environmental Assessment Report, for the proposed road, which would show that National Highways Authority of India was well aware of water bodies, on the route and the steps to be taken by them to ensure that water bodies are not damaged.
11. State of Tamil Nadu have filed a typed set, by putting on record the Inspection Notes by the Executive Engineer, PWD/WRD, Upper Pennaiyar Basin Division, Dharmapuri and the same reads as under:-
Bommanur tank and Jerthalav tank is maintained by PWD/WRO and Bommanur tank had a water spread area of 36.20 Ha and Jerthalav tank water spread area of 56.90 Ha.
NHAI Lr.No.NHAI/11021/Lot-6/Package II/PIU - Kgiri/2019/304 dated 19/2/2019 had requested permission http://www.judis.nic.in 18/22 W.P.No.8300 of 2019 to form the road. In their Letter, it is formed that some portion of Bommanur tank and Jerthalav tank water spread area are coming within the proposed right of way of the Project corridor in Dharmapuri District.
Based on that, the Joint Inspection was done by Executive Engineer, Upper Pennaiyar basin Division, Dharmapuri, Assistant Engineer, CRP Dam Section, Panchapalli, Assistant Engineer, KGRP Dam Section, Palacode and Technical Engineer. Cos Consultancy Services on behalf of NHAI on 13/6/2019 and the following instructions were given to the NHAI Officials. . Executive Engineer, WRD had instructed that fly over should be constructed in the water spread area of the tanks. . In Bomanur tank, the alignment crossing the weir at Ch:62.800 km should be changed and instructed to change the alignment.
. In Jerthalav tank, the Fly Over Deck Slab bottom to be constructed 7 m above the TBL of the tank.
. The tank bund, sluice, weir should not be damaged. Executive Engineer instructed the NHAI officials to submit the revised drawing as per the instruction given above, till that the proposal will be kept pending.
12. Today, at the time of hearing, Mr.Su.Srinivasan, learned counsel for National Highways Authority of India, respondents 1 and 2 has categorically stated that all the suggestions given by Public Works Department, Tamil Nadu, will be accepted and the highway will be laid, in accordance with the suggestions of the Government of Tamil Nadu.
The statement made by the learned counsel is taken on record.
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13. After taking into account the counter affidavit filed by the National Highways Authority of India, inspection notes of the Executive Engineer, PWD/WRD, and the statement of the learned counsel for National Highways Authority of India that all the suggestions of Public Works Department would be accepted, regarding water bodies, writ petition is disposed of, directing the respondents 1 and 2, to form the Highway as per the pleadings in the counter affidavit and submission of the learned counsel for Highways. No Costs. Consequently, the connected Miscellaneous Petition is closed.
(S.M.K.,J) (S.P.,J)
06th August 2019
Index : Yes/No
Internet : Yes/No
mvs.
To
1. The District Collector
Krishnagiri District at Krishnagiri
2. The Chief Engineer Water Resources Organisation – Chennai Region Public Works Department Chepauk Chennai 600 005.
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Writ Petition No.8300 of 201906/8/2019 http://www.judis.nic.in 22/22