A PIL seeking a direction to complete the DPR and drainage work for Madipakkam. The Court found steps were underway with an expected completion by December 2022 and disposed of the petition without further directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.18443 of 2019 and W.M.P.No.17767 of 2017
P.Ayyamperumal .. Petitioner
Vs.
1. The State of Tamil Nadu
Rep.by the Secretary
Municipal Administration & Water Supply Department
Fort St.George
Chennai-600 009
Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to complete the preparation of Detailed Project Report (DPR) for providing underground sewerage scheme to Madipakkam as informed vide letter No.CMWSSB/P&D/E.E.I/Madipakkam/Spl/2019 dated 17.05.2019 and undertake and complete the drainage work on time bound manner.
For Petitioner : Mr.P.Ayyamperumal, Petiioner-party-in person
For Respondents
: Mr.G.Janaki Raman for R2 and 3
(Order of the Court was made by S.MANIKUMAR, J.)
The petitioner, a resident of Madipakkam, Chennai, has filed this instant petition for Public Interest praying for a direction to the respondents to complete the preparation of Detailed Project Report (DPR) for providing underground sewerage scheme to Madipakkam as informed vide letter No.CMWSSB/P7E/E.E.I/Madipakkam/Spl/2019 dated 17.05.2019 and undertake and complete the drainage work on time bound manner.
a) The particulars of G.O annexing Madipakkam, Chennai600 091 with Greater Chennai Corporation.
b) The date of sanction of funds with particulars of allotment details and amount sanctioned for the area
c) Reasons for not undertaking sewage and drainage facilities despite sanctioning of funds few years back.
Report (DPR) for providing underground sewerage scheme to Madipakkam/Spl/2019 dated 17.05.2019 and undertake and complete the drainage work in a time bound manner.
“ No appearance for the petitioner.
"7... the preparation of the final report and draft bid document are under progress by the consultant and the same would be submitted on or before 31.08.2019.
CMWSSB has commissioned comprehensive underground sewerage scheme to 10 areas viz., Valasarawakkam, Alandur,
Puzhuthivakkam, Madhavaram, Meenambakkam, Madhuravoyal, Nolambur, Surapet, Puthagaram and Kathirvedu.
The DPR for providing UGSS to Edayanchavadi, Sadayankuppam, Kadapakkam (3) was posed under AMRUT during the year 2016. Due to low population density of less than 100 person per hectare, it was not approved by CPHEEO. As such CMWSSB will be taking up this project only after assessing the population growth in 2021 For 13 Underground Sewerage Scheme viz. Nanadambakkam, Kottivakkam, Palavakkam, Neelankarai, Madipakkam, Puzhal, Mathur, Theeyambakkam, Vadaperumbakkam, Semmencheri, Uthandi, Jalladampettai, Injambakkam DPR is being prepared by the M/s Sai Consulting Engineers PvtLtd including DPR for Left out streets of Madhavaram. Objective of Providing Underground Sewerage Scheme is safe disposal of sewage / waste water for enhancing the health & quality of life for citizens by collecting sewage generated from households through Gravity Sewer Line to Sewage Pumping Station. From Sewage Pumping Station the sewage will be disposed into Existing Sewage Treatment Plant.
& 188 of Greater Chennai Corporation.
Providing collection system for the above areas consists of DWC & Cl pipes ranging from 200mm to 700mm for a length of 98.83 Km for various depth from 1.0m to 6.0m. The total no. of manholes proposed is 3784 with provision of HSC of 9750 Nos using of UPVC.
Providing pumping main with Cl pipes ranging from 150mm to 600mm for a length 8.80 Km.
Construction of 4 Nos Pumping Station with Screen cum Grit Well, Suction Well and Construction of 2 Nos Lift Station and Pump House with pumping equipment and allied electrical works.
The sewage collected from Madipakkam area it will be disposed to the existing Sewage Treatment Plant located at Perungudi which is 4.5Km from the Terminal Pumping Station at Dumping Yard.
6.Preparation of detail project report for providing under ground sewerage scheme in Madipakkam and 10 added areas of Chennai city was awarded on 24.10.2016 to Ms. SAI Consulting Engineers Pvt Ltd at a total cost of Rs.1,48,59,695/- i.e area covered- thiyambakkam, Vadaperumbakkam, Mathur, Puzhal, Nandambakkam, Madipakkam,Kottivakkam, Palavakkam, Neelangarai, Semmancheri, Uthandi and awarded subsequently 3 added areas namely Jalladampettai, Injambakkam and left out areas of Madhavaram at a total cost of Rs.37,00,000/- on 30.01.2018.
a) Inception Report - The Inception Report shall include the basic details of the project with methodology and work plan and way forward.
The work involved for preparation of Inception report includes reconnaissance survey covering the project areas and collection of relevant second hand information available and preliminary observation.
The report comprises of description of the project area namely Land Use, availability of existing infrastructure system, Population, Climate & Rainfall, Physical, Geographical and Historical Features etc. Methodology / concept to be adopted / followed for design of collection system, pumping station and pumping main based on advanced technologies. Concept to be adopted/followed for pumping main based on advanced technologies. Concept to be adopted / followed for collection of primary
(topographical, soil investigation etc) and secondary data (Environmental & Social Impact), surveys and assessment and analysis etc.
The consultant shall furnish data collection plan and way forward.
b) Interim Report - The Interim report shall include the Status assessment, Preliminary design, block cost estimates, Initial Environmental and Social Screening Report, Provisional Environmental and Social Categorization of the sub project and draft designs.
The work involved for preparation of Interim report includes detailed topographical survey work for 13 added areas & left out areas of Madhavaram for a length of 720 Km and preparation of road plan with levels at every 30m interval & at Junction of roads and Geo technical Investigation / soil investigation at all Pumping station location and along the road for deciding type of foundation to be adopted for structure (i.e Manholes, Wells & pump Room), present of type of soil and calculation of safe Bearing and draft design of Collection system, Pumping station and Pumping Main for all added areas as per CPHEEO 2013 manual / guidelines followed by CMWSSB /advanced technology.
The Consultant shall furnish drawings, maps, concept plan and draft design with block cost estimate in the interim report incorporating the observations/comments given by the Technical Review committee.
c) Dissemination Report - The work involved for preparation of Dissemination report includes conducting Stakeholder’s meeting with other Government Departments like NHAI, State Highways, Greater Chennai Corporation, TNUIFSL, BSNL, PWD, etc) & Agencies and the second with the General Public, NGOs, Civil Societies to obtain feedbacks / comments to be incorporated in the design and estimate.
The consultant shall furnish feedback forms and summary of the outcome of the consultations in the Dissemination report.
d) Draft Final Report - The Draft Final report shall include Draft Detailed design, Environmental and Social Assessment Report, Detailed Engineering Estimates and BoQs, phasing and packaging plan.
The work involved for preparation of Draft Final Report includes detailed design and preparation of cost estimates & BoQ,
Implementation Plan for execution, Cost estimates for Environmental Impact Assessment & Environmental Management Plan, preparation of Drawing for structural design, contour, collection system of Network drawing.
The Consultant shall furnish Designs, Estimate, drawings, Geo Tech Investigation & Water Quality Report in the Draft Final Report incorporating the observations / comments given by the Technical Review committee.
e) Final Report and Draft Bid Document - The Final report shall include Detailed design, Environmental and Social Assessment Report, Detailed Engineering Estimates and Bill of Quantities, Draft Bid Documents.
The work involved for preparation of Final Report includes detailed design and cost estimates & Bill of Quantities, Implementation Plan for execution, Cost estimates for Environmental Impact Assessment & Environmental Management Plan, preparation of Drawing for structural design, contour, collection system of Network drawing, Three financial models to be prepared one with the assumption of implementing the project by ULBs own fund, State Govt & Central Government grants, loans through Externally Assisted Project. The Consultant to arrive at the user charges by adopting different pricing options. Preparation of draft bid document as per the Tamil Nadu Transparency in Tender’s Act 1998 and Rules 2000 as well as per the requirement of the funding agency along with Bill of quantities & drawing.
The Consultant shall furnish Designs, Estimate, drawings, Geo Tech Investigation & Water Quality Report, Package wise draft Bid documents with annexures (BoQ, Drawings, EMP), Implementation Mechanism (institutional setup, manpower requirement etc.), Financial & Economic Report in the Final Report incorporating the observations/comments given by the Technical Review Committee.
f) Bid Document - The Consultant shall furnish Package wise Final Bid documents
Volume I - Invitation of Bids, Instruction to bidders, Conditions of contract, Contract Data Volume II - Technical Specification for civil & electrical works.
Volume III - Bill of Quantities Volume IV - Drawings Volume V- Environmental Mitigation Plan
12.The consultant submitted Draft Final Report on 01.03.2018 and the Committee suggested to redesign and submit revised draft report incorporating the comments.
“ Clause 20: Minimum time for submission of tenders
The minimum period of submission of bid allowed between date of publication of the Notice Inviting Tenders shall be as follows:
(a) for tenders upto rupees two crores in value, fifteen days; and (b) for tenders in excess of rupees two crores in value, 30 days Clause 26: Time taken for evaluation and extension of tender validity.
(1) The evaluation of tenders and award of contract shall be completed, as far as may be practicable, within the period for which the tenders are held valid (90 days) for Single Cover System.
(2) The evaluation of lenders and award of contract shall be completed, as far as may be practicable, within the period for which the tenders are held valid (120 days) for Two Cover System.
Provided that sum total of all extensions shall ordinarily not exceed 180 (one hundred and eighty) days.
20.Probable date of Commencement of Work is July' 2020 with 30 months of constructor period. Normal period of 30 months required for carrying out the Underground Sewerage Scheme due to following reasons:
(i) Laying of gravity sewer for Madipakkam for a length of 98.83 Km. For gravity sewer, invert level of manhole to be kept continuously from upstream manhole to downstream manhole keeping the required slope, i.e starting from head manhole 1.0m depth to downstream Manhole 6.0m depth upto pumping station location.
(ii) The sewer line cannot be laid in many streets at the same time, in order to avoid inconvenience to Public.
(iii) In case of high water table, the laying of pipeline and construction of Manhole requires dewatering which causes additional time for the work execution.
(iv) The presence of rock strata involves breaking of rock by chiseling which involves more labour & time for laying of pipes even for a shorter stretch.
(v) The construction of well by Open Excavation method or sinking method involves more labour & time for a larger diameter & capacity of
pumping station and also requires minimum curing period of 3 days for every lift of concrete work.
(vi) Similarly, the construction RCC Manhole requires minimum curing period of 3 days for every lift of concrete work.
(vii) Similarly, the construction RCC Manhole requires minimum curng period of 3 days for every lift of concrete work.
(viii) Obtaining permission lor Road Cut from Greater Chennai Corporation / State Highways / National Highways requires a minimum time period of 1 months / 6 months.
(ix) Road cut permission will not be given by Corporation / Highways every year during North East Monsoon period for 3 months (Oct to Dec).
(x) The laying of pipeline along Bus Route requires permission from traffic division of Police department & Planning for diversion of traffic during the work period. Also, the work can be carried out only during night only for 5 hours.
(XI) Probable date of completion of work will be December 2022.
Going through the status report filed by the respondents 2 and 3, this Court is of the view that steps are being taken by the respondents to complete the said project by December 2020. Taking note of the status report filed, we are of the view that no further directions are required to be issued. Accordingly, writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sub Assistant Registrar
To
W.P.No.18443 of 2019
and W.M.P.No.17767 of 2017
A.SK(29/07/2019)
3 issues framed by the court
Whether the respondent authorities are in default for not completing the Detailed Project Report and drainage work for Madipakkam.
Whether further directions are necessary given the steps taken by the respondents as per the affidavit.
Whether the proposed timeline for the sewerage scheme is reasonable.
P. Ayyamperumal
The State of Tamil Nadu
Managing Director Chennai Metro Water Supply & Sewerage Board
Superintendenting Engineer Chennai Metro Water Supply & Sewerage Board
Aravindramesh. S
S.MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
