Disposed

G.Devarajan, v. The Chief Secretary

Madras HC12 Dec 2023WP/9998/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ under Article 226 seeking directions to deepen tanks/canals and fix bore wells in 234 constituencies to prevent water flow to neighboring states. The Court held the prayer was an omnibus without specifics. The writ is disposed of noting the State's existing measures.

What did the court decide?

Writ petition disposed; no specific direction to deepen tanks or fix bore wells granted; no order as to costs.

G.Devarajan, Vs The Chief Secretary — Madras HC (2023) — LawSathi Research

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W.P.No.9998 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.12.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.9998 of 2018

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G.Devarajan .. Petitioner

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Vs.

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The Chief Secretary Government of Tamil Nadu Secretariat, Chennai 9.

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The Additional Principal Secretary (Home) Government of Tamil Nadu Secretariat, Chennai 9.

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The Principal Secretary to Government Minister for Public Works, Highways and Minor Ports Secretariat, Chennai 600 009.

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The Chief Engineer (C&SR) Cauvery & Southern Rivers, CWC Sangamam Gandhimanagar Peelamedu, Coimbatore 641 004.

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The Chief Engineer (C&SR) Water Resource Organisation Public Works Department Chepuak, Chennai 5.

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W.P.No.9998 of 2018

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The Chief Engineer State Ground and Surface Water Resources Data Center Tharamani, Chennai 600 113. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus based on the petitioner representations and this petition may be considered in all seriousness, just and necessary that 234 constituencies of this State the tanks and canals are deeped and the bore wells are fixed at appropriate places which will also the extent possible prevent flow of water to the neighboring state to their benefit and also harness the rain water and prevent from going ways into the sea and initiate war like steps so that our state could prosper and the generations to come benefited and the mere accusing of our neighboring states shall stand suspended by the respondents on a priority basis.

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For the Petitioner : Mr.G.Deverajan Party-in-Person

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For the Respondents : Mrs.R.Anitha Special Government Pleader

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ORDER

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(Made by the Hon'ble Chief Justice)

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The party-in-person is present. We have heard the party-inperson and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

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W.P.No.9998 of 2018

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The prayer made in the writ petition is that direction be

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issued that in 234 Constituencies of the State, the tanks and canals shall be deepened and bore wells shall be fixed at appropriate places which will prevent flow of water to the neighbouring State and also harvest the rain water and prevent it from going to the sea.

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The petitioner has not given the specific places where the bore wells are to be fixed and which are the tanks and canals to be deepened. An omnibus prayer is made.

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Counter has been filed by the State detailing the procedure adopted by the State in Water Resources Management. The details are given with regard to the number of tanks, eviction of encroachment in the waterbodies and further steps to be undertaken. The State authority certainly would take steps to clear all the waterbodies. It is stated that at present, eviction process has been commenced at 405 waterbodies. The details of the same are given as under:

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“7. I state that with respect to paragraph 13,

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W.P.No.9998 of 2018

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it is submitted that the Government is taking all steps to evict the encroachment in irrigation tanks and other water bodies in accordance with “The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act No.8 of 2007) and the Tamil Nadu Land Encroachment Act, 1905”. Effective measures are being taken by the Water Resource Department in co-ordination with Revenue Department to identify and evict the encroachments in tanks, other water bodies and water course poramboke. As per the direction of the Hon'ble Court, the following three committees have been constituted in supersession of all the existing committees since a single point reporting/monitoring system is necessary at each level for effective initiatives towards protection/maintenance of Water bodies and other Government lands vide G.O.(Ms.) No.64(2) Section Dated 08.02.2022.

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1. Divisional Monitoring Committee

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2. District Monitoring Committee

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3. State Steering Committee

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(B) Eviction of Encroachments in Tanks in the State as per the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Status as on 30.06.2023)

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W.P.No.9998 of 2018

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i)	Total No.WRD Tanks	-	14138
ii)	No. of tanks free from encroachment	-	7569
iii)	No. of Tanks under encroachment	-	6569
iv)	Total No. of encroachments identified	-	98875
v)	Extent of the area of encroachment - identified (in hectare)	-	7360.84
vi)	No. of encroachment evicted	-	20150
vii)	Extent of area evicted (in hectare)	-	3243.94

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Eviction of Encroachments in other Water bodies as per the Tamil Nadu Land Encroachment Act, 1905 (Status as on 30.06.2023

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i)	No. of water bodies under encroachment	-	1918
ii)	No. of water bodies for which eviction commenced	-	405
iii)	Total No. of encroachment identified	-	93652
iv)	Extent of area of encroachment - identified (in hectare)	-	2588.59
v)	No. of encroachment evicted	-	15617
vi)	Extent of area evicted (in hectare)	-	1156.73

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(C) Special desilting of Rivers and Reservoirs

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works are in progress

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(D) The total surface water potential of the State as stated in the Policy Note for theyear 2023-

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2024, is 865 T.M.C ft. which includes 260 T.M.Cft. realised from the neighboring States through InterState Agreements, as timely releases, for commencing cultivation in June/July, that is, during Southwest monsoon.

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8. I state that with regard to Ground Water scenario, it is stated that the Ground Water Potential Assessment as on March 2020 with Revenue Firkas as a unit was conducted, in the said survey totally 1,166 Firkas were categorized into 5 types, viz., 435 Firkas as Over Exploited, 63 Firkas as Critical, 225 Firkas as Semi-Critical, 409 Firkas as Safe and 34 Firkas as Saline/Poor Quality. In the report on Dynamic Ground Water Resources, 2022, published by the Central Ground Water Board, the Firkas categorized as safe have increased by 54, the Firkas categorized as Semi-Critical have increased by 6, and the Firkas categorized as Semi-Critical have increase by 15 while the Firkas categorized as Critical have decreased by 75. It indicates that due to various Ground water recharge measures taken by the Government, number of safe firkas has increased and over exploited firkas has decreased. Critical and semi critical firkas have been increased due to transition of over exploited firkas towards

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safe. This transition from the year 2020 to 2022 was achieved by the construction of structures such as Check Dams, Bed Dams, Subsurface Dykes, Recharge Shafts, Percolation Ponds etc., so as to protect, harness and improve the available ground water potential of the State.

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10. It is further stated that, through the projects, namely, Mullai Periyar Dam (1895), Parambikulam Aliyar Project (1970), through which west flowing waters are diverted eastward for the benefit of Tamil Nadu through legally valid and binding Agreements entered into between the States of Tamil Nadu and Kerala. Similarly, there is an Agreement between Tamil Nadu and Kerala, entered in 1973, on utilization of waters of Siruvani Dam, lying in Kerala, for Coimbatore city water supply in Tamil Nadu and another Agreement between Tamil Nadu and Andhra Pradesh, entered in 1983, for diversion of Krishna water to Chennai for drinking water supply. Tamil Nadu has been continuously taking all efforts to get the waters through these Agreements for the benefit of people of Tamil Nadu. If any intervention is made by a neighbour State in violation of the Agreement/

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Judgment, the State of Tamil Nadu has to necessarily approach appropriate forum to protect the rights of the people of Tamil Nadu.

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14. On the issue of optimal use of water so as to reduce wastage, it is stated that there is a necessity to plan these schemes according to the guidelines laid down by the Central Water Commission and Government of India. This is followed by all States. For instance, a scheme to provide irrigation is planned at 75% dependability of the water availability and in deficit river basins/ drought prone areas schemes are planned at 50% dependability of the water availability, whereas for a scheme to provide drinking water nearly 100% dependability of water availability is taken into consideration. Thus, there are guidelines and as per those guidelines the projects are executed, as the viability of the project impacts upon the Government exchequer and the projects must be viable in the long run and projects cannot be created based on the heavy floods occurring in a single year or undependable flows. Thus the State Government as parens patriae is taking all steps to protect the water resources and get due share from

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the neighboring States, in the interest of the State.”

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The Executive Engineer, PWD, Kossasthalayaru Basin Division WRO, has further submitted a note on desilting of waterbodies and removal of encroachment. It is stated that under the Repair, Renovation and Restoration Scheme, which is a world bank aided project, 2300 lakes were taken up to deepen and restore the tanks. The Water Resources Department (WRD), Regional Chief Engineers from Chennai, Madurai, Trichy and Coimbatore have taken up the lakes in their respective jurisdictions on rotational basis.

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If any specific averments are made with regard to particular places, then, the same would be considered in the appropriate cases. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No Neutral Citation : Yes/No

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kpl

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