Madras High Court
M.Chakkaravarthi vs The State Rep By on 8 August, 2019
Equivalent citations: AIRONLINE 2019 MAD 1520
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
W.P.No.3476/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.3476 of 2018
and W.M.P.No.4253 of 2018
M.Chakkaravarthi .. Petitioner
Vs.
1. The State rep by
The Principal Secretary to Government
Public Works Department
Secretariat, Chennai-600 009
2. The District Collector
Salem District
Salem
3. The District Revenue Officer
Salem District, Salem
4. The Executive Engineer
Public Works Department
(Plan & design) Division
Salem – 7
5. The Assistant Executive Engineer
Public Works Department
Water Resource Organization
Planning (Plan & Design) Sub division
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W.P.No.3476/2018
Room No.205, Collectorate campus
Salem -1
6. The Assistant director (Town Panchayat)
District Collector Office 2nd floor,
Salem Region, Salem -1
7. The Assistant Director of Rural Development (Panchayats)
District Collector Office
Salem-1
8. The Revenue Divisional Officer,
Attur, Salem District
9. The Tahsildar
Gangavalli Taluk
Salem District
10. The Executive Engineer
Veeraganur Town Panchayat
Salem District .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, to direct the respondents to implement the
project namely “Ponnaliamman Koilanaikattu Plan” by setting a lake
across the Ponniyaru call for the records, of the impugned notification,
dated 25.10.2018, in Daily Thanthi under Section 3A (1) of the National
Highways Act 1956 issued by the 3rd respondent in so far as petitioners’
land concerned, quash the same and consequently direct the respondents
3 and 4 to constitute committee of experts to find out study and
formulate a report suggesting the alternative alignment by protecting the
lands of the petitioners.
For Petitioner : Mr.M. Rajendiran
For Respondents : Mr.Akhil Akbar Ali
(Govt. Advocate )
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W.P.No.3476/2018
ORDER
(Order of the Court was made by S.MANIKUMAR, J.) Instant writ petition has been filed as a Public Interest Litigation, to direct the respondents to implement the project, namely “Ponnaliamman Koilanaikattu Plan” by setting a lake across Ponniyaru, call for the records of the impugned notification, dated 25.10.2018, in Daily Thanthi under Section 3A (1) of the National Highways Act 1956 issued by the 3rd respondent in so far as petitioner's land is concerned, quash the same, and consequently direct the District Revenue Officer, Salem District/3rd respondent and the Executive Engineer, Public Works Department, Salem-1/4th respondent to constitute a committee of experts to find out study and formulate a report suggesting the alternative alignment by protecting the lands of the petitioners.
2. Case of the petitioner is that there is a long standing demand that a dam has to be constructed across the Ponniyaru river to get irrigation of 800 acres of land for cultivation of paddy, banana, coconut tree etc. People have made several representations to the Public Works http://www.judis.nic.in Page No.3 of 30 W.P.No.3476/2018 Department and Revenue Department, to construct a dam across Ponniyaru river. In response to the repeated representations, the District Collector has passed a proceeding in Ni. Mu.70792/2003/A8 dated 03.10.2005 stating that a lake to be formed across Ponniyaru in Chokkanur Agraharam, Gangavalli Taluk, Salem District, by the Public Works Department, (Plan & Design) in which a formal consent is sought for from the Revenue Department and a proposal has also given by RDO, based on this, field survey was conducted by RDO and PWD.
3. It is the further contention of the petitioner that the District Collector has given a report that the estimated cost for setting up the lake is Rs.485 lakhs in which the Revenue department has also given consent for the same. That apart, Veeraganur Town Panchayat has passed a resolution on 21.06.2016 saying “No objection” to setting a lake in Pachamalai mountain foundation at Chokkanur Agraharam. The Executive Engineer, Public Works Department, 4th respondent, in his proceedings vide Lr. No.199/M/Va.Pa/Ko 122/E.Va.A3 dated 28.7.2006, addressed to one Ravichandran, in response to his representation, given to Tamil Nadu Assmbly Representation No.30 has stated that a reply had been given, in http://www.judis.nic.in Page No.4 of 30 W.P.No.3476/2018 the form of report. The said report has narrated the entire background and the cost of the project, past proposal, present proposal, water level of Ponnaiyaru River, benefit of the scheme and acquisition of land etc. The report further reveals that the estimate cost works out to Rs.485 lakhs and B.C ration works out to 1:1. Estimate sent to Chief Engineer (Plan Formulation) vide Superintending Engineer Lr.No.213 C.E.A(D)/D1/2003/F 37s/25.09.2003.
4. Admittedly, the project was taken up for consideration in the year 1969 at cost of Rs.16.50 lakhs and the same was estimated at 40 lakhs in the year 1980. In 2005, the estimated cost was Rs.485 lakhs. The report reveals that due to the objection of some land owners, the project was delayed. However, the 4th respondent has mentioned that this project will be approved and implemented very soon without any interruption by government or under NABARD scheme.
5. Further, the Member of Legislative Assembly has demanded to take up the plan in the year 2013-2014 and if the project is implemented the ground water can be used for cultivation of 1000 Acres. Likewise the http://www.judis.nic.in Page No.5 of 30 W.P.No.3476/2018 drinking water problem can be solved in Veeraganur Town Panchayat, Thedavur Town Panchayat and more than 20 villages. The government have drafted a plan at a cost of Rs.8.50 crores. For this project, 56 acres of land remain as Tharisu, in which 18 acres of patta land was granted by Revenue Department to the landless people and the government have to acquire the said lands to implement the scheme.
6. The Revenue Divisional Officer/8th respondent has sent a report to the District Collector, the 2nd respondent vide Na.Ka.1880/2011(A) dated 08.07.2013, stating that the 2nd respondent has instructed to submit the feasibility report, vide proceedings in Ne.Mu.Ka Na.Ka.42646/10/B3 dated 12.12.2012 and 16.01.2013, about the interruption, in acquiring the required land u/s. 17(2) of the Land Acquisition Act, 1894, to implement the plan viz., “Ponnaliyamman Koyil Anaicut Plan”
7. It is the further submission of the petitioner that the Revenue Department has given consent vide its proceedings in Ni.Mu.70792/2003/A8 dated 3.10.2005. Since, some of the land owners have made objection for land acquisition, a joint meeting was conducted http://www.judis.nic.in Page No.6 of 30 W.P.No.3476/2018 on 16.08.2011 and 16.11.2011, respectively to get the consent of the land owners, in which some of the land owners have objected and that same status continued. The Assistant director of Town Panchayat/6th respondent has given reply vide Na.Ka.No.3480/2013/A/dated 10.10.2013 stating that the RDO, 8th respondent has conducted field survey, and a report has been forwarded to the District Collector/2nd respondent, and in turn the District Collector, Salem District/2nd respondent, has to send the fields survey report to government.
8. The Revenue divisional Officer has given a reply in Si.Pa.08/2015 (A3) dated 11.3.2015 stating that the representation has been given to implement the plan, namely "Ponnaliamman Anaikattu Plan (Lake) and he has sought to acquire the land to expedite the work. The Revenue Divisional Officer has further replied that a report has been sent to the District Collector, to acquire the lands, by rejecting the objections.
9. It is the further averment of the petitioner that the District Collector has issued a proceedings addressed to the Revenue Divisional Officer in Na. Ka. No.42646/2010/B3 dated 6.10.2015 that Revenue http://www.judis.nic.in Page No.7 of 30 W.P.No.3476/2018 Divisional Officer was called for to submit the report to acquire land under Section 17(2) of the Land Acquisition Act, 1894, in order to execute the project. According to the petitioner, it is also mentioned about the feasibility to acquire the land under the new Land Acquisition Act, as per G.O. Ms. No.88 (Revenue) dated 21.2.2014. The Principal Secretary to Government, Public Works Department/1st respondent has also insisted the Revenue Divisional Officer to send a detailed report. Petitioner has further submitted that a case in W.P.No.28932/2016 was filed to implement the project namely “PonnaliyammanKoil Anaikattu plan”. Though an order was passed by this Court on 19.08.2016, there is no progress from the respondent to implement the project and acquisition of land, has not taken place. It is further averred in the writ petition that the petitioner has made a representation on 21.11.2017 to the District Collector, Salem, seeking to implement the project, but there is no fruitful action in this regard.
10. Per contra, Executive Engineer, Public Works Department, Project Planning and Designs Division, Salem, the 4th respondent has filed a counter affidavit and submitted that the requested project scheme is http://www.judis.nic.in Page No.8 of 30 W.P.No.3476/2018 under investigation, in the name of “Formation of a new tank across Ponni Odai, near Chokkanur Agraharam village in Gangavalli Taluk of Salem District. The said scheme is to store water, by formation of a new tank across Ponni Odai, which originates from Pachamalai hills situated at Chokkanur Agraharam, for the benefits of the farmers, in and around Chokkanur Agraharam village.
11. It is the further contention of the Executive Engineer, Public Works Department, Project Planning and Designs Division, Salem, the 4th respondent that Veeraganur Town panchayat has been surrounded by several hamlets and small villages, in which Chokkanur Agraharm is one of the hamlets. The stream Ponni Odai which originates from Pachamalai hills is passing through Ponnaliyamman Temple in Chokkanur Agraharam and confluences with Swetha Nadhi at Veeraganur. It is necessary to state that two check dams have already been constructed across the said stream ‘Ponni Odai’ for ground water recharge, before its confluence with Swetha Nadhi.
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12. The Executive Engineer, Public Works Department/4th respondent has further submitted that there is a long standing demand that a tank has to be constructed across Ponni Odai, which would enable irrigation of lands for cultivation of paddy, banana and coconut trees etc., in the said area. The extent of the land that could be irrigated by the proposed scheme is calculated to be 441 acres, taking into account the quantum of water to be released for the downstream side farmers, if the tank is formed after avoiding acquisition of the forest lands for the said scheme. Hence a scheme for irrigation of 800 acres of land, as mentioned by the petitioner is not possible, as it could not be done, without disturbing the forest lands. It is necessary to state that a revised list of lands to be acquired for the said scheme has been sent by the Executive Engineer, PWD/WRD, Project Planning & Designs Division, Salem to the District Collector, Salem vide letter No.156m/DB/ F.2A/2016 dt.08.09.2017.
13. It is the further contention of the 4th respondent that Ponni odai originates from the eastern side of Pachamalai hills, flowing through Gangavalli Reserve Forest and Chokkanur Agraharam village, and then http://www.judis.nic.in Page No.10 of 30 W.P.No.3476/2018 confluences with Swetha Nadhi at Veeraganur. If the proposed tank is constructed across Ponni Odai, the ground water potential will also be developed for Chokkanur Agraharam village. In the year 2003, the said scheme was estimated at a cost of Rs.485 lakhs and the same was submitted to Chief Engineer PWD/WRD, Plan Formulation, Chennai, vide Superintending Engineer, PWD /WRD, letter No. 123 CE / AE(D) / D1 / F 37S / 2003 / dt.25.09.2003. However a detailed Project Report has to be prepared, based on the design particulars from the Superintending Engineer, PWD, Designs Circle, WRD, Chennai.
14. It is the further contention of the 4th respondent that as per the previous proposal, about 13 acres of forest lands were to be acquired. Whereas, now the location of the proposed scheme has been changed to avoid the acquisition of forest land. It is further averred that the Hon’ble Minister for Public Works Department, on 05.02.2013, had also stated that the proposal for the formation of a tank near Ponnaliamman temple is under consideration and 441 acres of land will be irrigated by the said scheme.
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15. It is the further contention of the 4th respondent that, a report has been submitted by the Revenue Divisional Officer, Attur, to the District Collector, Salem, vide letter no. Na.Ka.1880 /2011 (A) dt.08.07.2013 regarding the land acquisition for the proposed scheme. In the report of the Revenue Divisional Officer, letter of the Executive Engineer, PWD/WRD ( letter no. 187M / DB / F 2A / JDOl /2012/ dt 26.07.2012) has been referred, as contended by the petitioner. It is further submitted that details of 441 acres of land which could be irrigated by the proposed scheme, have been asked for from the Revenue Divisional Officer, Attur, to ascertain the benefits of the scheme with respect to cost of the proposed scheme.
16. It is the further contention of the 4th respondent that petitioner’s statement regarding the Revenue Department proceedings, Joint meetings with the land owners are not denied. It is his further submission that Survey numbers of Patta and Government lands, which are required, for the formation of the tank, have been incorporated in the report submitted by the Revenue Divisional Officer, Attur to the District Collector, Salem vide letter no. RC no. 1880 /2011 (Al) dt. http://www.judis.nic.in Page No.12 of 30 W.P.No.3476/2018 08.07.2013. It is further submitted that, according to the present investigation with respect to topography, river flow, level measurements and fasali details, a revised list of new survey numbers of lands are to be acquired and that the same has been sent to the District Collector, Salem vide letter No. 156 m / DB / F.2A / 2016 / dt.08.09.2017 of the the Executive Engineer, PWD/WRD.
17. It is the further contention of the 4th respondent that there are no historical monuments, temples, mosques or public path ways, existing in the proposed site and there will not be any obstacle due to these aspects, for the implementation of the scheme. It is further stated in the counter affidavit that in response to a representation of Thiru R.Sivakumar, Town Association Secretary, Veeraganur Town Panchayat dated 28.09.2013, the Assistant Director( Town Panchayat has addressed to the Revenue Divisional Officer, Attur stating that the report has already been submitted to the District Collector, Salem, regarding acquission of land for formation of new tank at Chokkanur Agraharam in Veeraganur Town Panchayat. However it is necessary to state that the provision for land acquisition would be made, in the new estimate, based http://www.judis.nic.in Page No.13 of 30 W.P.No.3476/2018 on the revised list of survey numbers, which has been sent to the District Collector vide Executive Engineer, PWD/WRD, Project Planning & Designs Division, Salem letter No.156 M / DB / F 2A / 2016 / dt.08.09.2017.
18. It is further stated in the counter affidavit that the petitioner's statements regarding the representation made by Thiru.Ravichandran dt. 20.02.2015 and the reply of the Revenue Divisional Officer, Attur regarding the acquisition of land are not denied. It is the further contention of the 4th respondent that the District Collector, Salem in Proceedings No.Na.Ka.No.42646/2010 B3 dated 06.10.2015 has instructed the Revenue Divisional Officer, Attur to submit a report to acquire land under section 17(2) of Land Acquition Act-1894 for the Proposed formation of a new Tank across ‘Ponni Odai' near Ponnaliamman temple. The District Collector, Salem has further instructed the Revenue Divisional Officer, Attur to submit the report regarding rainfall details and the problems faced by the people living in the water spread area if the tank is constructed.
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19. It is further stated in the counter affidavit that the said scheme is formulated based on the approved nearest rainfall station confirming the availability of annual rainfall yield in the catchment area site for the benefit of 441 acres. Ponni Odai is a moderate stream, which is one of the tributaries of Swetha Nadhi. It is submitted that no gauging of runoff is done by PWD or by concerned panchayat unions. The flow conditions such as flood conditions & continuous flow in the stream is ascertained only on local enquiry. It is ascertained from the public, if the tank is constructed there will not be any problem to the nearby public. If the tank is constructed, about 18.90 Mcft of water is alone proposed to be stored per filling in the tank against the total yield available of 53.45 Mcft. The balance water will be let into the river itself for utilisation of the farmers on the downstream. Hence so far there are no objections from the farmers on the downstream who are getting irrigation from the present water stream. The action for finalisation of land acquisition are undertaken by the Revenue Department.
20. It is further stated in the counter affidavit that a detailed investigation and preparation of Detailed Project Report is in process http://www.judis.nic.in Page No.15 of 30 W.P.No.3476/2018 without any delay. Further, the Government of Tamilnadu have also accorded Administrative Sanction for Rs.10.00 Lakhs for surveying and levelling operations for the detailed investigation of the above scheme, vide G.O. (Ms) No.8 / Public Works (Nl) Dept / dt. 13.01.2017. Subsequent to the above Government Order, the following investigation and estimate preparation works have been taken up :
i) Water spread area survey, Site survey and Canal alignment, alignment levels and field survey works , collection of revenue records have been completed.
ii) Plans were prepared, field particulars collected and proposal formulated and submitted to Superintending Engineer.PWD., Designs Circle, WRD., Chennai by Chief Engineer, PWD., Plan Formulation, WRD., Chennai in letter No. B4 / F1215 / 2016 / AE1 / AEE2 / dt. 19.07.2017 for getting approved Design & drawings from Designs Circle, WRD., Chennai.
iii) To assess the sub soil status, necessary trial pits and bore log works were carried out.
iv) Preparation and collection of additional particulars and details as called by Superintending Engineer.PWD., Designs Circle, WRD., Chennai and submitted by incorporating the sub soil data assessed to Superintending Engineer.PWD., Designs Circle, WRD., Chennai vide Executive Engineer, PWD.,WRD., Project Planning & Designs Division, Salem letter no. 152 M/ DB http://www.judis.nic.in Page No.16 of 30 W.P.No.3476/2018 / JDOl/ FSl/(Est) 2017 / dt.08.09.2017.
v) Preparation of revised proposal for Land acquisition to be done and submitted to The Collector, Salem District for according concurrence and for taking action in the process of land acquisition vide Superintending Engineer, PWD., Plan formulation Circle, WRD.,Salem letter no. 34 misc /DB/D1 /F /2017/ dt. 14.09.2017.
vi) The Soil samples for forming the bund of Chokkanur Agraharam scheme were taken from Chokkanur old tank and Nallur Eri and sent to the Executive Engineer, PWD.,WRD., Soil Mechanics and Research Division, Chennai for testing to find out suitability of soil for forming bund and the test results have been obtained.
vii) In this connection it is also submitted that the Superintending Engineer.PWD., Designs Circle, WRD., Chennai instructed to explore the possibility of shifting the Spillway (Weir) location based on the sub soil data already submitted vide lette no. SE(D)/AEE1(T1)/F1144/ 2017/ dt.06.02.2018.
viii) Further the Superintending Engineer.PWD/WRD., Plan Formulation Circle, Salem has visited the site on 19.04.2018 and given the inspection notes to carry out the Permeability test for the soil in the water spread area of the proposed tank for ascertaining the ground water percolation.
ix) The additional field particulars as called for by the Superintending Engineer.PWD., Designs Circle, WRD., Chennai have been submitted vide Executive Engineer, PWD/WRD, Project Planning and Designs Division, Salem letter No. 98 m / http://www.judis.nic.in Page No.17 of 30 W.P.No.3476/2018 F.Chokkanur / DB / JDO 1/ 2018/dt.24.05.2018.
x) And also soil samples have been collected in the water spread area of the proposed tank and sent to Executive Engineer, PWD.,WRD., Soil Mechanics and Research Division, Chennai for testing to find out permeability of soil vide Executive Engineer, PWD/WRD, Project Planning and Designs Division, Salem letter No. 113 m / F.Chokkanur / DB / JDO 1/ 2018/dt.08.06.2018 and the test results are awaited.
xi) The additional field particulars as called for by the Superintending Engineer.PWD., Designs Circle, WRD., Chennai have been submitted vide Executive Engineer, PWD/WRD, Project Planning and Designs Division, Salem letter No. 278 m / F.Chokkanur / DB / JDO 1/ 2018 / dt.26.09.2018.
xii) The estimate cost of the scheme has been arrived as Rs.2700 lakhs as per the current schedule of rates for the 2018- 19 based on the design, drawings obtained from the Superintending Engineer, PWD, Designs Circle, WRD., Chennai. The Detailed Project Report is being prepared and will be submitted soon.
21. It is the further contention of the 4th respondent that necessary steps are being taken by the respondent authorities, to effectively bring the said scheme in time. Therefore, the averment that no fruitful action being taken for the formation of the tank is denied. In the meantime, the http://www.judis.nic.in Page No.18 of 30 W.P.No.3476/2018 Honourable Chief Minister, during the Government function held at Veeraganur in Salem District on 14.12.2018 has announced this scheme for implementation at an estimated cost of Rs.2700 lakhs.
22. The investigation of the scheme is being done carefully with the intention that people’s money should not be wasted by constructing an inappropriate sized tank. Further it is submitted that steps are being taken to expedite the preparation of the Detailed Project Report without any lapse of time. In any case, it is submitted that the area of the land that would be benefited by the proposed scheme is arrived at 441 acres without affecting the forest land and Riparian rights of the downstream side farmers and hence he prayed for dismissal of the writ petition.
23. Heard the arguments of both parties and perused the materials available on record.
24. When the matter came up today for further hearing, learned Government Advocate, produced a booklet of Project Planning and Designs Division, Salem, Plan Formulation Circle, Salem regarding http://www.judis.nic.in Page No.19 of 30 W.P.No.3476/2018 formation of a new tank across Ponni Odai in Chokkanur Agraharam Village in Gangavalli Taluk of Salem District with an estimated amount of Rs.27.00 Crores. Chief Engineer, PWD, Plan Formulation, WRD dated 27.5.2019, has addressed to the Principal Secretary to Government, Public Works Department, Secretariat requesting administrative sanction under State Funds and NABARD assistance to carry out the above project. The said letter reads thus:
PUBLIC WORKS DEPARTMENT WATER RESOURCES ORGANISATION From To Er.V.Selvaraju The Principal Secretary to Chief Engineer, PWD, Government Plan Formulation WRD Public Works Department Chepauk, Chennai 600 005 Secretariat Chennai - 9.
Letter No.B4/3394/1996/AE1/OT2/ dt: 27.05.2019 Sir, Sub: WRD - Formation of New Tank across Ponni Odai in Chokkanur Agraharam Village in Gangavalli Taluk of Salem District - Estimate amount Rs.2700 lakhs (2018-
19) - BC Ratio 1.23:1 - requesting Administrative Sanction under State Funds and NABARD Assistance-reg.
Ref: G.O. (Ms) No.8 PW(N1) Dept Dt.13.01.2017 During the discussion of Public Works Department grants in the http://www.judis.nic.in Page No.20 of 30 W.P.No.3476/2018 budget session 2016-2017, the Hon'ble Minister for Public Works, Highways and Minor Ports in the floor of Assembly on 04.08.2016 has announced that detailed investigation works for the scheme of Formation of New Tank across Ponni Odai in Chokkanur Agraharam village in Gangavalli Taluk of Salem District will be taken up at an estimate cost of Rs.1000 lakhs.
Accordingly, in the reference cited the Government accorded Administrative Sanction for the above work for an amount of Rs.1000 lakhs for the work of "Conducting Surveying and Levelling Operations for detailed investigation for the scheme of formation of a new tank across Ponni odai near Chokkanur Agraharam Village in Gangavalli Taluk of Salem District."
Also the Hon'ble Chief Minister has announced this scheme in a Government function held at Veeraganur in Salem District on 14.12.2018.
At present, based on the administrative sanction and the announcement made, the Surveying and Levelling Operations have been completed and detailed estimate has been prepared for the work of "Formation of new Tank across Ponni Odai in Chokkanur Agraharam Village in Gangavalli Taluk of Salem District" for an amount of Rs.2700.00 lakhs (as per 2018-19 schedule of rates).
The scheme envisages the following The stream Ponni odai originates from the eastern slopes of Pachamali hills within the Gangavalli Reserve Forest limits in Gangavalli Taluk. After travelling 4 Km towards North East within the limits of Chokkanur Agraharam village, it drains off into Swethanadhi near Viraganur. Then the Swetha Nadhi confluence with Vasista Nadhi, after that it is called as Vellar river.
The stream Ponni odai from its origin and up to the point of http://www.judis.nic.in Page No.21 of 30 W.P.No.3476/2018 confluence with Swthanadhi is not utilised for irrigation and the the land around Chokkanur village remains completley dry. Various representations were received from the Member of Legislative Assembly Thalaivasal, the farmers, village Panchayat members and various sources and also many agitations were held demanding a tank across Ponni odai near Ponkaliamman Koil for providing stable irrigation facility to the Agricultural lands of Chokkanur Agraharam village.
Hence it was decided to form a tank across Ponni odai near Ponkaliamman Koil of Chokkanur Agraharam Village to provide irrigation facilitates to lands for raising dry crops.
Based on the Government Order the entire water spread area, canal alignments, bund alignment and ayacut area have been resurveyed and levels were taken for finalising the capacity of the proposed tank, location of weir, left and right canal head sluices. The main components are
1. Head works
(a) Bund of length of 1360 m
(b) An Ogee Weir (WES Profile) of length 52 m
(c) Tower head sluices - 2 Nos (LS 375 m and LS 660m)
(d) Irrigation canals - 2 Nos (Lengths 1750m and 1595 m) The free catchment area of the stream at the proposed tank site 4.29 sq. miles. The entire catchment area lies within the thick reserve forest are the Eastern slopes of Pachai malai hills. The catchment area receives rains from the North east monsoon with occasional rainfall from South-West monsoon. Therefore, there will be flood flows for 3.5 months duration between August to December and spring flows for http://www.judis.nic.in Page No.22 of 30 W.P.No.3476/2018 another 3.5 months upto April next year. Hence water flows in the river for 7 months in the year.
The capacity of the tank works out to 18.905 Mcft including dead storage of 0.702 Mcft. Therefore the annual storage is worked out as 36 406 Mcft and alter the evaporation and other losses 12.5% to be considered the annual useful storage of the proposed tank will be 31.855 Mcft AYACUT BENEFITTED:
The proposed scheme will benefit 446 acres through direct irrigation. After Implementation of this scheme an addition benefit of 335 acres will be benefited by the way of stabilization. In addition to that a second crop such as pulses can be cultivated to be an extent of 156 acres.
LAND ACQUISITION:
The tank bund, water spread area and the canal lies in dry patta lands and poramboke lands. For this scheme, an extent of 26.595 acres of Patta land 42.545 acres of Poramboke land is to be acquired for implementation of this scheme.
The cost of land acquisition is calculated based on the new Land Acquisition Act, The Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 entitled by the Government of India. The cost of Land Acquisition act.
The estimate has been prepared for a total amount of Rs.2700.00 lakhs based on the scheme of rates for the year 2018-19 and B.C.Ratio works out 1.23.1.
I request that necessary administrative Sanction of the Government may be obtained initially for an amount of Rs.279.35 lakhs http://www.judis.nic.in Page No.23 of 30 W.P.No.3476/2018 under State fund for Land Acquisition at an early date.
After completion of 50% of Land acquisition process, subsequently the remaining fund may be obtained from NABARD and RIDF assistance.
Encl: Estimate - 1 No.
Plan volume - 1 No.
For Chief Engineer (Plan Formulation)
Copy to the Engineer-in-Chief, WRD and Chief Engineer (GI) PWD, Chepauk, Cheenai - for information Copy to the Superintending Engineer, PWD, Plan Formulation Circle, WRD, Salem for necessary action.
Copy to the Executive Enginner, PWD, Project Planning and Designs Division, WRD Salem for necessary action.
25. The Hon'ble Chief Minister of Tamil Nadu, in the budget session 2019-2020, has announced some projects for Public Works Department and under Grants Request Nos.39 & 40 sanctioned three projects with an estimate of Rs.137.42 Crores, which includes Ponni odai in Chokkanur Agraharam project for an estimated cost of Rs.27.00 Crores. The announcement in vernacular reads thus:
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26. The budget estimation and the details of the budget for formation of a new tank across Ponni Odai, are as under:
FORMATION OF A NEW TANK ACROSS PONNI ODAI IN CHOKKANUR AGRAHARAM VILLAGE IN GANGAVALLI TALUK OF SALEM DISTRICT.
Estimate Amount. Rs.27 Crores (2019-20) The stream Ponni Odai is a tributary to Swetha Nadhi which falls into Vellar River. The Ponni Odai originates from the eastern slopes of Panchamalai within the Gangavalli Reserve Forest limits in Gangavalli Taluk. After traversing 4 km towards east within the limits of Chokkanur Agraharam village, it confluences with Swetha Nathi near Veeragnur.
The stream Ponni Odai from its origin and upto the point of confluence with Swetha Nadhi is not utilized for irrigation. The Publics and Farmers of the Chokkanur agraharam village demanding a storage work across the is Ponni Odai http://www.judis.nic.in Page No.25 of 30 W.P.No.3476/2018 to impound water for providing stable irrigation facilities to their lands in Chokkanur Agraharam village.
The Government have accorded Administrative Sanction for the amount of Rs.10.00 lakhs Vide G.O.(Ms)No.8/P.W.(N1).Dept / dt.13.01.2017 for detailed investigation works of the above said scheme. Based on this, detailed investigation has been done and estimate has been prepared for an amount of Rs.27 Crore and submitted to the Government. At present, the Hon'ble Chief Minister has announced that this scheme will be implemented for a estimate amount Rs.27 crores in the floor of legislative assembly during PWD Budget demand on 15.07.2019.
Details of Proposed Tank Scheme:
1 Basin / sub basin : Vellar / Swetha Nadhi 2 Free Catchment area : 4.29 Sq.miles 3 Yield : 53.45 M.cft 4 Capacity : 18.905 M.cft 5 Annual storage - 2 fillings : 36.406 M.cft 6 Length of Bund : 1360 m 7 Weir Length : 1 No., Length : 52 m 8 Drop : 1 No. 9 Canal Tower Head Sluices : 2 Nos 10 Direct Ayacut Benefitted : 446 Acres 11 Length of Right Canal : 1595 m (Ayacut - 341 acres) 12 Length of Left Canal : 1750 (Ayacut - 105 acres) 13 Land Acquisition - Patta Land : 26.595 acres 14 Poramboke land : 42.545 acres FORMATION OF A NEW TANK ACROSS PONNI ODAI IN CHOKKANUR AGRAHARAM VILLAGE IN GANGAVALLI TALUK OF SALEM DISTRICT.
1 Estimate Amount : Rs.27 Crores (2019-20) 2 B.C.Ratio : 1.23 : 1 3 Basin : Vellar / Swetha Nadhi http://www.judis.nic.in Page No.26 of 30 W.P.No.3476/2018 4 Free Catchment area : 4.29 Sq.Miles 5 Approved Yield : 12.46 Mcft/Sq.miles (Attur Rainfall station) 6 Yield : 53.45 Mcft 7 Capacity : 18.905 Mcft 8 Annual Storage for 2 fillings : 36.406 Mcft 9 Water Spread Area : 44.81 Acres 10 Direct Ayacut Benefitted : 446 Acres 11 Length of Bund : 1360 m 12 FTL : 100.000 m 13 MWL : 101.000 m 14 TBL : 102.500 m 15 Length of weir : 52 m 16 MFD : 3960 Cusecs 17 Length of Right canal : 1595 m (Ayacut - 341 acres) 18 Length of Left canal : 1750 m (Ayacut - 105 acres) 19 Height of weir : 4.50 m 20 Sill level of sluice : 95.000m 21 Land Acquisition : Patta - 26.595 Acres : Poramboke - 42.545 Acres 22 Present Stage : At present, the Hon'ble Chief Minister has announced that this scheme will be implemented for a estimate amount Rs.27 crores in the floor of legislative assembly during PWD Budget demand on 15.07.2019.
27. From the above, we could deduce that the Government have announced that this project would be implemented with an estimated cost of Rs.27.00 Crores and the same has been announced by the Hon'ble http://www.judis.nic.in Page No.27 of 30 W.P.No.3476/2018 Chief Minister of Tamil Nadu, in the floor of the Legislative Assembly during PWD Budget demand on 15.7.2019. There has been progress in the project and hence there is no need to issue a mandamus as prayed for.
With the above observation, the writ petition is disposed of. However, there shall be no order as to cost. Consequently, the connected writ miscellaneous petition is closed.
[S.M.K., J.] [S.P., J.]
08.08.2019
Index : Yes/No
Internet : Yes/No
Asr
To
1. The State rep by
The Principal Secretary to Government
Public Works Department
Secretariat, Chennai-600 009
2. The District Collector
Salem District
Salem
3. The District Revenue Officer
Salem District, Salem
http://www.judis.nic.in
Page No.28 of 30
W.P.No.3476/2018
4. The Executive Engineer
Public Works Department
(Plan & design) Division
Salem – 7
5. The Assistant Executive Engineer
Public Works Department
Water Resource Organization
Planning (Plan & Design) Sub division
Room No.205, Collectorate campus
Salem -1
6. The Assistant director (Town Panchayat) District Collector Office 2nd floor, Salem Region, Salem -1
7. The Assistant Director of Rural Development (Panchayats) District Collector Office Salem-1
8. The Revenue Divisional Officer, Attur, Salem District
9. The Tahsildar Gangavalli Taluk Salem District
10. The Executive Engineer Veeraganur Town Panchayat Salem District http://www.judis.nic.in Page No.29 of 30 W.P.No.3476/2018 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
kpr/asr W.P.No.3476 of 2018 and W.M.P.No.4253 of 2018 Date : 08.08.2019 http://www.judis.nic.in Page No.30 of 30