J. Chellaiah v. District Collector, Dindigul District
2015-09-18
V.M.VELUMANI
body2015
DigiLaw.ai
ORDER This writ petition has been filed to direct the respondents to provide a drainage in the locality near Bridge 413/1 of NH-45, at Thamaraipadi Village, Dindigul Taluk, Dindigul District and take suitable action to prevent nuisance and also prevent damage to the property of the petitioner, by collection of water in his land. 2. The petitioner is the owner of land in S.No.87/16 C2A, Thamaraipadi Village. A portion of the said land was acquired for formation of National Highways and portion of his land, not acquired, was renumbered as S.No.87/20. The portion of his property, which was not acquired, lies very next to the National Highways, near Bridge No.413/1, on the western side. 3. Before formation of National Highways by natural physical features, the water was flowing into nearby Kallaru Odai. At the time of formation of National Highways, the petitioner and other residents were assured that at the time of completion of the National Highways, proper drainage facilities would be constructed. However, the authorities failed to provide drainage channel. The formation of National Highways altered the natural physical features and flow of water to Kallaru Odai was stopped. In view of the same, the water enters into the petitioner's house and other houses and stagnates in the Village. Number of representations were made for constructing the drainage channel, but no action was taken. The fifth respondent Panchayat passed a Resolution on 26.12.2013 to request the second respondent to construct a drainage channel. The respondents are not constructed the drainage channel on the ground that it is not their duty to construct the same. Hence, the present writ petition. 4. The second respondent has filed counter affidavit and denied all the allegations made by the petitioner. According to the second respondent, the rain water is not entering into the house of the petitioner and other residents. The gradation is proper and there is no stagnation of water. On the other hand, the petitioner and others let in sewerage from their houses into National Highways. It is not the duty of the National Highways Authorities to construct drainage channel, as there is no necessity for the same.
The gradation is proper and there is no stagnation of water. On the other hand, the petitioner and others let in sewerage from their houses into National Highways. It is not the duty of the National Highways Authorities to construct drainage channel, as there is no necessity for the same. If the petitioner makes an application, by paying necessary fees, specifying the means and access to which such permission relates, the same will be considered as per Provisions of Control of the National Highways (Land and Traffic) Act, 2002 and prayed for dismissal of the writ petition. 5. The petitioner filed a rejoinder and denied the various allegations made by the second respondent in the counter affidavit. 6. I have heard the learned counsel appearing for the parties and perused the materials available on record. 7. From the materials available on record, it is seen that the fifth respondent has passed a Resolution, on 26.12.2013, to request the second respondent to construct sewerage channel on both sides of the National Highways. This Resolution was followed up by Letter, dated 17.01.2014, which was addressed to the second respondent, requesting him to construct sewerage channel on both sides of National Highways. The second respondent has not constructed any sewerage channel. In the counter affidavit, the second respondent has stated that there is no stagnation of water and the petitioner and others let sewerage water in the National Highways. 8. From the Resolution, dated 26.12.2013 and Letter dated 17.01.2014 of the fifth respondent, it is seen that there exists a necessity for constructing sewerage channel. The respondents 2 and 5 are not willing to do the needful on the ground that it is not their responsibility to construct the said Channel. As per Section 110 of the Tamil Nadu Panchayats Act, 1994 [hereinafter referred to as “the Act”], it is the duty of Panchayat to construct, repair and maintain all public roads and all Bridges, Culverts, Road-dams and causeways on such roads. 9.
As per Section 110 of the Tamil Nadu Panchayats Act, 1994 [hereinafter referred to as “the Act”], it is the duty of Panchayat to construct, repair and maintain all public roads and all Bridges, Culverts, Road-dams and causeways on such roads. 9. Section 110 of the Act, reads as follows: “110.Duty of Village Panchayat to provide for certain matters.-Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of village panchayat, within the limits of its funds, to make reasonable provision for carrying out the requirements of the panchayat village in respect of the following matters, namely:- (a) the construction, repair and maintenance of all village roads, that is to say, all public roads in the village (other than those classified as National Highways, State Highways, major district roads and panchayat union roads) and of all bridges, culverts, road-dams and causeways on such roads; “ 10. In view of the same, the fifth respondent is directed to forward copies of Resolution, dated 26.12.2013 and letter dated 17.01.2014, sent to the second respondent, to the first respondent within two weeks from the date of receipt of a copy of this order. The first respondent is to address the second respondent within four weeks thereafter, for No Objection Certificate to permit the fifth respondent to construct a sewerage channel on both sides of Bridge No.413/1 in NH-45. On receipt of the same, the second respondent is directed to consider such request according to provisions of Act and pass orders granting No Objection Certificate within four weeks thereafter. On receipt of No Objection Certificate given by the second respondent, the fifth respondent is directed to construct necessary sewerage channel on both sides of National Highways, within six months from the date of receipt of No Objection Certificate. 11. With the above direction, this writ petition is disposed of. No costs.