Kodaikanal Boat & Rowing Club, Rep. by its Honorary Secretary v. R. Ramachandra Dorai Raja VS The Government of Tamil Nadu, Rep. by Secretary to Government Public Works Department
2006-07-07
FAKKIR MOHAMED IBRAHIM KALIFULLA, P.MURGESEN
body2006
DigiLaw.ai
Judgment :- F.M. IBRAHIM KALIFULLA, J. 1. The petitioner seeks for issuance of a writ of mandamus directing the respondents to forthwith resume the project of purifying, de-silting and beautifying the Kodai lake and for passing appropriate orders. 2.1. The petitioner is the Kodaikanal Boat and Rowing Club. According to the petitioner, the lake was converted from a marshy land into a beautiful lake by Sir Henry Vere Levinge, a retired Collector of Madurai, in the year 1863. It is everybodys knowledge that Kodaikanal lake is the centre of attraction for every other person who visits Kodaikanal, either as a tourist or on any other purpose. 2.2. It is stated that the lake is situated at an altitude of 2285 metres above sea level and spread over 26 Hectares with a perimeter of 4.8 kms. According to the petitioner, earlier the water in the lake was crystal clear and potable and it had high visibility upto a depth of 3.5 metres; whereas it has now got reduced to less than half a metre. It is further stated that the depth of the lake, which was originally 11.5 metres till the year 1962, gradually got reduced due to siltation and is stated to be now having only 9.00 metres depth. By virtue of the siltation, it is contended that the condition of the lake is getting worse, since the oxygen content has also become low while the carbon-di-oxide content correspondingly increased. Further, calcium, ammonium and nitrogen content are also seem to be noted. In the present juncture, the petitioner has stated that at the behest of the NGOs, who were environmentally conscious, persuaded the Central Government to allot funds and accordingly the Central Government under a special scheme for protection of the lake is stated to have allotted a sum of Rs. 10.33 crores for purifying, de-silting and beautifying the Kodai lake. The project was said to have been commenced some time in the year 2001 and the contract of de-silting entrusted to a private party at Mumbai. The de-silting operation is said to have commenced in the year 2002. At that point of time, the Tamil Nadu Water and Sewage Board appear to have planned to construct a Sewage Treatment Plant near the lake.
The de-silting operation is said to have commenced in the year 2002. At that point of time, the Tamil Nadu Water and Sewage Board appear to have planned to construct a Sewage Treatment Plant near the lake. As the construction of such a plant apprehended to cause environmental hazard, a forum called “United Citizens Council” at Kodaikanal filed W.P. No. 20578 of 2003 and the I-Bench of this Court, by Order dated 13.07.2003 passed in WPMP No. 25653 of 2003, said to have granted an injunction restraining the TWAD Board from proceeding with the construction of Sewage Treatment Plant near the lake. 2.3. It is common ground that construction of the Sewage Treatment Plant was not a part of the project of de-silting and beautification of the lake. Nevertheless, beautification and de-silting of the lake is stated to have been stopped citing the order of interim injunction, dated 13.07.2003. It is further stated that if the project of de-silting operation is not conducted and the fund allotted by the Central Government is not utilised before the 31st March, 2006, the grant would lapse. On the above stated circumstances, the petitioner has come forward with this writ petition. 3. On behalf of the fourth respondent, a counter affidavit has now been filed. In paragraph 5 of the said counter affidavit, it is stated as under. “5. It is also submitted that during the pendency of the above Writ Petition, the Government in G.O. Ms. No. 131, Housing and Urban Development (UD4-2) Department dated 31-5-2004 approved the proposal of Commissioner of Town and Country Planning and relaxed the clauses 8.6.4 of Kodaikanal Master Plan which prohibits building activities in the area to a depth of 200 metres adjoining the Kodaikanal lake, so as to enable to carry out the proposed work of sewage treatment plant, integration and bifurcation and bio-remedial works for revival and restoration of Kodaikanal lake by Public Works Department and Kodaikanal Municipality. It also transpires that efforts were taken to find out a suitable alternate site for putting up the sewage treatment plant away from Kodaikanal lake. In this regard, after consultations with all the concerned authorities, it was decided to put up the sewage treatment plant in Ward-D, Block 19, T.S. No. 7 which has been classified as assessed waste in the revenue records.” 4.
In this regard, after consultations with all the concerned authorities, it was decided to put up the sewage treatment plant in Ward-D, Block 19, T.S. No. 7 which has been classified as assessed waste in the revenue records.” 4. As far as respondents 1 to 3 are concerned, they were not in any way responsible for the stopping of the de-silting project. The sole ground on which the project came to be stopped was the order of the interim injunction, dated 13.07.2003. The said injunction was also related to setting-up of a Sewage Treatment Plant near the lake area. Having regard to the above factors, since the fourth respondent has now made it clear that the construction of the Sewage Treatment Plant has been shifted to a different place in Ward ‘D’ Block 19, T.S. No. 7, which, according to the fourth respondent, is away from the lake area, the earlier move of the TWAD Board to set up the Sewage Treatment Plant anywhere near the lake area no longer survives. In any event, the injunction granted by this Court from setting up the Sewage Treatment Plant has nothing to do with the de-silting operation. A perusal of the counter affidavit of the fourth respondent discloses that the same is independent of de-silting operations. Further, since the very setting-up of the Sewage Treatment Plant is also now shifted to a different place other than the lake area, as on date, there is no impediment for any of the respondents from restarting of the de-silting operations without any hindrance from any quarters. Since, according to the petitioner, if the project is not conducted before 31.03.2006, the grant made by the Central Government would lapse, it is imperative that every effort is taken by the respondents to re-commence the de-silting operations instantaneously, so that the original beauty of the Kodai Lake is restored as that would attract more tourists which in turn would improve the revenue of the State. Therefore, looked at from any angle, it is just and proper that the de-silting operation is restored and the project of purifying and beautifying the Kodai lake is commenced at the earliest. 5. The writ petition stands allowed. The respondents are directed to forthwith resume the project of purifying, de-silting and beautifying the Kodai lake expeditiously, preferably within four weeks from the date of receipt of a copy of this order.