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32. The relevant portion of the order passed by the National Green Tribunal, Southern Zone are extracted hereunder for ready reference :

"25. In this regard, the Tamil Nadu, Irrigation Works (Construction of Field Bothies) Act, 1959 can also usefully be looked into. The said act is provide for the construction or digging of field bothies by the Government and by owners of land entitled to irrigation under certain irrigation works in the State of Tamil Nadu. The owners of the land are entitled to irrigation under certain irrigation works by these field bothies. Field bothies means small channels which run from outlets in the Government channels and which convey and distribute water to individual fields. The said act also prohibits any obstruction or interference with water flowing in field bothies. While hearing the matter, the Learned Counsel appearing for the State also wanted to file the mitigation measures to be taken for the above project as the same is obliterating the field bothies.

i) The sill level at Sluice No. 6 is 98.140 m.

ii) The bed level of the downstream field bothie is 97.410 m.

iii) The level difference observed is 0.730 m.

The proposed bed levels to be maintained in the proposed alignment of field bothies are mentioned as follows to supply the water to downstream side ayacut areas.

                              S.No.                  Location                              Proposed Bed
                                                                                              level of
                                                                                           Sluice / Field
Bothies (in m)
                              1.         Sluice No.6 of Thirumanilaiyur                    98.140
                                         Branch canal
                              2.         Sluice No.7 of Thirumanilaiyur                    98.040
                                         Branch canal
                              3.         Tapping point of Field Bothie                     98.057
                                         of Sluice No.6
                              4.         Tapping point of Field Bothie                     97.928
                                         of Sluice No.7

                              5.         Linking point of Field Bothie of                  97.638
                                         Sluice No.7
                              6.         Linking point of Field Bothie of                  97.526
                                         Sluice No.6






https://www.mhc.tn.gov.in/judis

Necessary approval from the Government may please be obtained for this change in alignment of Field Bothies."

29. The above joint report filed by the Department of WRD, Irrigation Department, Karur City Municipality Corporation have categorically admitted the existence of the field bothies and they are being obliterated for the purpose of the construction of the bus stand and that it would take necessary approval from the Government for the change in alignment of the field bothies. Section 7 of the Tamil Nadu irrigation Works (Construction of Field Bothies) Act, 1959 is as follows:

51. Though it is yet another point that was raised on behalf of the Government and Municipality and those petitioners who support the case of the municipality and the Government to go ahead with the construction of the bus stand that, there has been no agricultural activities in the locality for more than a decade and absolutely there has been no field bothies which are available or surfacing and only in the field map this is available, not on the ground in practical, whether the agricultural activities recently has been taken place or not and the field bothies are surfaced as of now or not may not be the reason to ignore the grievance of the agriculturist if any with regard to protecting the field bothies which are originally available as per the provisions of the Field Bothies Act, 1959.