JUDGMENT : M. Venugopal, S. Vaidyanathan, JJ. (Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking to call for the records on the file of the 5th respondent, relating to the impugned Tender notices dated 14.8.2017 bearing Ref.No.1621/PW/EEI/ID/JE(P)-33/2017-2018; Tender No.07/IRRN/2017-2018 and dated 05.09.2017 bearing Ref.No.1779/PW/EEI/ID/JE(P)-33/2017-2018; Tender No. 09/IRRN/2017-2018 and quash the same and consequently entrust the Kudimaramathu maintenance and all other allied works in respect of all the water bodies with the Tank Association formed in the Union Territory of Puducherry in the concerned Villages, including the petitioner.) On Earth, there is no ‘Heaven’, but there are pieces of it and We call it ‘Nature’. According to Puranas, sinners will be tormented in Hell after death. In reality, those who destroy ‘Nature’ are sinners and owing to such destruction by a group of bad elements, the Earth itself will become a Tormenting Place/Hell not only for sinners, but also for Saints. Water is a basic necessity for ensuring life, not just for humans, but for countless animals and plant species. There is an increasing demand for water as a result of global popular growth. According to Hydrogeologists, only 1% of the World’s freshwater is accessible for direct human use and the rest of it is inaccessible, non-renewable or too expensive to tap into and convey to population centers at a reasonable cost. 2. In this order, the main point focussed is as to how to preserve that 1% accessible freshwater by way of construction of Irrigation Tanks for public use with the association of both public and the Government. 3. The Writ Petition, which was specifically posted before this Bench for hearing on the orders of the then Hon’ble Chief Justice dated 07.03.2018, has been filed, challenging the Tender Notices dated 14.8.2017 (bearing Ref.No.1621/PW/EEI/ID/JE(P)-33/2017-2018, Tender No.07/IRRN/2017-2018 and dated 05.09.2017 bearing Ref.No.1779/PW/EEI/ID/JE(P)-33/2017-2018; Tender No. 09/IRRN/2017-2018, in and by which, Tenders were called for execution of the works under the Scheme “Integrated Surface Water Management through Rejuvenation of 20 Tanks and 32 Village ponds for climate change adoption, Puducherry” with the consequential relief of entrusting the Kudimaramathu maintenance and all other allied works in respect of all the water bodies with the Tank Association formed in the Union Territory of Puducherry in the concerned Villages, including the petitioner. 4. Heard the Learned Counsel for the Petitioner and the learned Additional Government Pleader appearing for R1 to R5. 5. 4. Heard the Learned Counsel for the Petitioner and the learned Additional Government Pleader appearing for R1 to R5. 5. The facts, leading to filing of this Writ Petition, are as follows: (i) The Petitioner-Association (in short ‘the Association’) has stated that it works for upliftment of the village and indulges youths in common public activities, such as cleaning, maintenance, etc., apart from proliferating physical fitness like exercise, yoga and mediation for its members and also arranges for lectures and classes to prevent the youth from falling prey to vices, viz., smoking, drinking, etc; (ii) The Association has stated that the Union Territory of Puducherry had around 600 ponds and 87 irrigation tanks, of which, now three Irrigation tanks have been completely encroached upon and does not exists as on today and presently, there are 84 Irrigation tanks, which belong to the Chozha Period, wherein the participatory scheme of Kudimaramathu was followed to maintain such tanks. It was stated that later when the French took over the Puducherry, they institutionalized the entire Kudimaramathu system in the name of Syndicate Agricole for bigger tanks and Caise Communes for smaller tanks with liberty to the stakeholders to priortise the tank maintenance and operation. This system was followed until the French left Puducherry and thereafter, the Irrigation tanks were handed over to the Local Administration Department (LAD) and the bigger tanks, like Bahour and Oussudu to the Public Works Department (PWD). On such surrender of Tanks, unfortunately, neither the LAD nor the PWD continued the Syndicate Agricole/Caise commune system of tank maintenance and operation; (iii) The submission of the Association was that the irrigation tanks in South India are created through careful observation of the erratic monsoon of the region, which mostly depend on the low depressions formed in the Bay of Bengal and rainfall in these areas happen between August to December and the Rain Water was preserved for usage during dry months. Further submission of the Association was that since the maintenance of these water bodies were handed over to the Local Administration Department and the Public Works Department, there was a complete neglect of the previous systems and the tank and pond systems along with their feeder, drainage and supply channel systems were abandoned. Further submission of the Association was that since the maintenance of these water bodies were handed over to the Local Administration Department and the Public Works Department, there was a complete neglect of the previous systems and the tank and pond systems along with their feeder, drainage and supply channel systems were abandoned. It was stated that there was several encroachments made by the private parties and in the said 84 minor irrigation tanks, having a total ayacut of 6456 Ha., no maintenance works were undertaken in these tanks for decades, pursuant to which, most of the tanks have become defunct. Further, due to over exploitation of ground water for agriculture for all the three crops, the ground water level had got considerably lowered, resulting in intrusion of saline water; (iv) It was also stated that the European Union, which studied the irrigation system of Puducherry in detail came out with a solution and suggested the revival of stakeholder participation based Tank Associations, where the communities will be given the prime responsibility of reviving the tanks and ponds and will be handed over to them for future Operation and Maintenance (O&M). Accordingly, the respondents formed a Project Management Unit (PMU) and started the Tank Rehabilitation Project, Puducherry (TRPP) in 1999 and in order to rehabilitate the irrigation tanks mentioned above, a scheme costing about Rs.34.73 crores was formulated with the financial assistance from the European Union. Accordingly, the respondents formed a Project Management Unit (PMU) and started the Tank Rehabilitation Project, Puducherry (TRPP) in 1999 and in order to rehabilitate the irrigation tanks mentioned above, a scheme costing about Rs.34.73 crores was formulated with the financial assistance from the European Union. Necessary Financing Agreement between the European Union and the Government of India was entered into on 27.02.1997 and out of the total project cost of Rs.34.73 crores, the European Union’s contribution will be Rs.28.13 crores, Government of Pondicherry would contribute Rs.4.40 crores and Rs.2.20 crores would be collected from Farmers as their contribution; (v) On behalf of the Association, it was elicited that under the First Annual Work Plan, rehabilitation works in 3 Pilot tanks at Vadhanur, Keelparlkalpet & Karlamanickam villages were taken up by the respective Tank Associations and completed in all respects, subsequent to which, 13 tanks were identified as First Batch of Tanks under the Second Annual Work Plan for rehabilitation during 2001-2002 and necessary Water Users Associations in 12 Tanks were formed and thereafter, 27 Tanks were identified as Second Batch of Tanks under the Third Annual Work Plan for rehabilitation during 2002-2003 and later, 25 Tanks were identified as Third Batch of Tanks under the Fourth Annual Work Plan for rehabilitation during for 2003-2004 with the formation of Water Users Associations. Finally out of the balance 17 Tanks, 14 Tanks have been proposed as Fourth Batch of Tanks for rehabilitation during the Fifth Annual Work Plan upto the end of December 2004, for which, Water Users Associations have been formed in respect of 14 Tanks. It was further elicited that since the proposal for extension of the Project period by 2 years upto December 2006 has not been accepted, the Tank Rehabilitation Project, Pondicherry, Puducherry by the European Union had come to an abrupt halt during last December 2004 that has resulted in non-completion of many of the works supposed to have been completed through this project; (vi) Further, it was added that thereafter the Government of Puducherry had decided to continue the project after seeing the positive results and lesser expenditure due to people’s participation. Thus, it is evident that the phase of TRPP was an indirect acceptance and recognition of the tremendous work done by the Tanks Association in arresting the sea water intrusion with minimal funding. Thus, it is evident that the phase of TRPP was an indirect acceptance and recognition of the tremendous work done by the Tanks Association in arresting the sea water intrusion with minimal funding. However, for no reasons, in the year 2008, the TRPP project was wound up and the works were carried out through Private Contractors by indirectly enabling them to flourish with people’s money. The 4th respondent herein opted to flout contracts on nomination to private contractors, who actually drain the public money for political favours without carrying out any works, which had resulted in a huge financial crisis and the Public Works Department has crores of unpaid bills due to private contractors for works, which did not happen at all. In fact, most of the irrigation tanks were already desilted extensively during the TRPP phase and what was expected to be done was only regular O & M works, like clearing feeder canals, supply channels, drainage channels and arresting encroachments with active community participation; (vii) It was further brought to light that the Department of Science, Technology & Environment (DSTE) prepared a project under climate change mitigation for 17 crores funded by NABARD, which Included 20 irrigation tanks and 32 ponds. The Detailed Project Report (DPR) which was approved by MoEFCC has the following components: 1. Desilting of Irrigation tanks. 2. Provision of shutters and repair of surplus weirs etc. 3. Strengthening of the irrigation tank bunds. 4. Planting of plants saplings. 5. Recharging groundwater to the aquifer through direct recharging through filter wells. When the Tank Associations came to know about the project from local newspapers, they wrote several letters to the PWD/DSTE etc. calling for consultations with the stakeholder Tank Associations, by duly pointing out that the mandatory Steering Committee for rehabilitation of irrigation tanks should have been called before any project related to Tanks were taken up. The association members made representation to the authorities and on such representation, the Development Commissioner called for the Steering Committee on 13.08.2016, in which the representatives of all 84 Tank Associations participated and later, the Steering Committee took a decision that the NABARD/DSTE project would be implemented with the full participation of the Tank Associations. However the said decision was not proceeded further and thereafter no further steering Committee meetings were conducted by the 5th respondent. However the said decision was not proceeded further and thereafter no further steering Committee meetings were conducted by the 5th respondent. Though a State Level Steering Committee (SLSC) has been formed by DSTE for this particular project, no members from the Tank Associations or Civil Society Organizations having expertise in water management, were included. While so, without communicating to the Tank Associations regarding the PMU formation, the 5th respondent has unilaterally called for Tenders through tender notices, which are questioned in this Writ Petition. Stating that the entire project is flawed right from its inception and clearly designed with no real intention to improve the water situation, it was pointed out that the entire exercise is without following the procedures, application of mind and arbitrary and violative of Article 14 of the Constitution of India; (viii) The Tender Notices were assailed on the ground that no scientific method has been followed in respect of construction of 20 Tanks and deepening of non system tanks, which were already desilted, is a total waste of public money and is against public interest; that the method of recharging of water inside the irrigation tank through filter borewells will not bring any expected results, as not only rain water, but also drained water from upper field will get mixed with the borewell water. Thus, it was prayed that since the Tender Notices are contrary to the Public Interest, they are liable to be set aside. 6. A Counter Affidavit filed by the 5th Respondent on behalf of other Respondents has been filed, wherein it is inter alia stated as under: (i) As per the instruction issued by the Chief Engineer, Public Works Department, Government of Puducherry, the 5th Respondent had floated the Tender for the work of rejuvenating and deepening of various Tanks in various parts of Puducherry Region and the operation and maintenance of 84 Nos. of Irrigation Tanks have been carried out properly and the Irrigation Division is not concerned with other 600 ponds. of Irrigation Tanks have been carried out properly and the Irrigation Division is not concerned with other 600 ponds. It was stated that the Irriegation Division has taken all precaustionary measure for desilting of the Major feeder channels of the 84 irrigation tanks and make the Feeder Channel for free flow of rain water and surplus water received from the catchment areas; (ii) In the Counter Affidavit, it was narrated that the ‘Irrigation Division’ has been taking all steps to preserve excess water being discharged from the Sathanur Dam during the heavy rainy season. The Administration has constructed several major and minor dams for improving the ground water level and also proposed to construct three more dams for storage of water. It was further narrated that all the work components have been done only by the Water Users Association, because the main aim of the project is done by involving the “Farmers” by forming Tank Association till the period of project and on its completion, the project, viz., TRPP was wound up; (iii) It was further stated that the Chief Engineer is the Head of Public Works Department, Puducherry, having control over the water bodies (Irrigation Tanks) of Puducherry Region and repair to Irrigation structures is carried out as per the instructions and guidelines of the CPWD Manual and necessary Tenders are floated as per Financial Rules and Powers vested with the 5th respondent. The Department of Science Technology and Environment, Government of Puducherry has formulated a project estimate under the scheme of “Integrated Surface Water Management through Rejuvenation of 20 Tanks and 32 Village ponds for climate change adoption, Puducherry” and the Ministry has sanctioned the fund of which an amount of Rs.10 Crores has been earmarked for rejuvenation of 20 Irrigation Tanks under the purview of Irrigation Division, PWD, Puducherry; (iv) It was also stated in the counter that based on the oral instructions of the Hon’ble Lt.Governor, Puducherry, it was decided to award the works of desilting to the concerned Eri Sangam/Tank Users Association for completion of the works before the onset of monsoon of the year 2016-2017. Accordingly, the desilting component of the estimate has been bifurcated into Phase-I and Phase-II so as to entrust the work in the respective Eri Sangam within the power of Chief Engineer, PWD, Puducherry as per CPWD manual and out of 20 Irrigation Tanks, the desilting work (Phase-I) could not be taken up on 8 Irrigation Tanks due to unwillingness of Eri Sangam and non-submission of revalidation certificate. It was on account of the reason that as the proposal for carrying out the work was above Rs.10 lakhs and the works upto Rs.10 laksh could only be given on nomination basis, it was decided to got for Transparent Tender Procedure for execution of the said works. Because, the deepening of Irrigation Tanks have to be desilted before the onset of monsoon period in order to receive the required water from the seasonal rain as well as surplus water received from the catchment areas. Stating that there was no infirmity in calling for E-Tender on the part of the respondents, it was pleaded that no interference is required by this Court, warranting to set aside the Tender Notices. 7. The Learned Counsel for the Petitioner has submitted that apart from floating the Tenders in question, the 5th Respondent has hurriedly floated yet another Tender for the same works vide Tender Notice No. 1375/PW/EEI/ID/JE(P)-33/2018-2019 dated 20.07.2018 and the Counter Affidavit is silent on the quantum of works executed and the amounts spent so far under the earlier Tenders under challenge in the Writ Petition. The statement made in the counter that the 5th Respondent is not aware of the Petitioner’s Association is totally untrue and in fact the Corpus Fund of the Association is deposited under a Fixed Deposit scheme jointly with PWD and the Association. Further, statement as mentioned in the counter that the operation and maintenance of the 84 tanks are being carried out under the French system is also totally false, since the French System of Syndicate Agricole and the Caise Commune were implemented in the form of participatory processes with an active involvement of farmers. He has further submitted that pursuant to improper maintenance of irrigation tanks and major feeder channels, all are now in totally neglected condition. He has further submitted that pursuant to improper maintenance of irrigation tanks and major feeder channels, all are now in totally neglected condition. In addition, the 5th Respondent had also not taken any steps to remove encroachments in the Irrigation Tanks and it was the Association, which took earnest steps for removal of encroachments during the TRPP project, in particular, the encroachments in Aaratchikuppam tank in Bahour commune was evicted by the Aratchikuppam Irrigation Tank Association during the participatory TRPP programme, so also with other Tanks. It was further contended that after closure of the TRPP scheme in the year, 2008, the very same Tanks have once again been encroached upon due to inaction and neglect by the PWD. The 5th Respondent has not adduced any piece of evidence to show that the project was wound up. 8. The decision of the Respondents to constitute a new body, viz., Works Board, consisting of a few Bureaucrats without allowing Tank Associations, such as the Petitioner Association, will not in any way be beneficial to the Public, rather the Private Contractors will be benefitted by such constitution. The Irrigation Tanks are entrusted with the Respondents 4 and 5 only for the maintenance purpose under the Public Trust Doctrine, with the limited role and no provisions permit them to take decision on their own. Hence, the Learned Counsel for the Petitioner sought for quashment of the Tender Notices so as to restrain the Respondents from proceeding with the proposed Tender enquiries till a detailed study is carried out by a Specialized Independent Agency like Environmental and Water Resources Engineering, IIT, Madras, etc. 9. Conversely, the Learned Additional Government Pleader for R1 to R5 has vehemently contended that as per the approval of Department of Science, Technology & Environment, Puducherry, the 5th Respondent had floated the Tender dated 20.07.2018, but due to Administrative Reasons, the said Tender was cancelled. The quantum of works, as per the Tender Notices dated 14.08.2017 and 05.09.2017, has been executed in the interest of public as well as to maintain the sustainability of ground water recharging. He has further contended that the 5th Respondent is well aware of the fact that the Association has been formed by the guidance and support of PWD, Puducherry and desilting of Channels and Irrigation Tanks works were awarded to the Association by the 5th Respondent for the past 3 years. He has further contended that the 5th Respondent is well aware of the fact that the Association has been formed by the guidance and support of PWD, Puducherry and desilting of Channels and Irrigation Tanks works were awarded to the Association by the 5th Respondent for the past 3 years. He has further pointed out that pursuant to some difficulties expressed by the Public Works Department, Puducherry in the work of “Desilting of 32 Ponds”before the Steering Committee Meeting held on 11.04.2018, it was decided to entrust the Desilting of 32 Nos. of Ponds to the various Commune Panchayat of Puducherry, which are under the control of the Director, Local Administration Department, Puducherry. 10. The Learned Additional Government Pleader has further added that Director, Location Administration Department has been deputed for the task of execution of works under the guidance of Department of Science, Technology & Environment, Puducherry, in view of the fact that the Department of Science, Technology & Environment is the Nodal Agency for the ‘National Bank for Agriculture and Rural Development’(NABARD) funded project. The 5th Respondent has been maintaining the Irrigation Tanks and major other feeder channels properly with utmost precaution, such as removal of blockage, weeds and dead and fallen trees from the bed of channel before onset of Monsoon period. It was also contended that since TRPP scheme was wound up during the year 2008, the desilting works were awarded to the Tank Association, which were funded by the Government of Puducherry and presently, it was decided to involve the Registered Eri Sangam to participate in the various works in the Irrigation Tanks and after a meeting, a committee was formed with Officials as well as Members of the Eri Sangam, in which, the president of the Association is also one of the members of the Committee. It was further added that the Hydrogeologist-I had given an assurance that the existing Rain Water Recharging Structures in that areas will not Pollute the aquifers and the said project has been duly formulated by the Department of Science and Technology, Government of Puducherry funded by ‘National Bank for Agriculture and Rural Development’(NABARD) with the consultation of the Public Works Department, Puducherry based on the frequent and periodical meetings conducted by the Higher Officials of the Public Works Department/‘Department of Science, Technology & Environment’ Puducherry (DSTE)/‘National Bank for Agriculture and Rural Development’(NABARD) Bank after considering the prevailing situation of the Irrigation Tanks, identified by the ‘Department of Science, Technology & Environment’ Puducherry (DSTE) and samehas been approved by them for the preparation of project for Rejuvenation of 20 tanks under climate change. At last, it was contended that the allegation of the Petitioner that, Public Works Department has miserably failed in the protection of water bodies, is highly unsustainable and any interference by this Court in the midway of the project will result in loss of public money and therefore, this Writ Petition lacks merits and the same is to be dismissed as devoid of merits. 11. Heard the Learned Counsel for the Petitioner, the learned Additional Government Pleader for R1 to R5 and perused the material papers available on record. 12. From the pleadings, it is seen that there are 84 Irrigation Tanks in Puducherry Region, which are in existence since Chozha Period and during the reign of French, the maintenance of all the Tanks was entrusted with the stakeholders of the Irrigation Tanks in the form of Syndicate Agricole/Caise commune system. Subsequently, such operation and maintenance was shifted to the Local Administration Department and the Public Works Department, which completely abandoned the said system of Tank maintenance and in its place, opted for rejuvenation and deepening of various Tanks. The adoption of such new method of maintenance of Tanks, according to the Association, will have a negative impact by way of dilution of the entire aquifer system on account of mixture of solid water dumps around the water bodies. 13. The adoption of such new method of maintenance of Tanks, according to the Association, will have a negative impact by way of dilution of the entire aquifer system on account of mixture of solid water dumps around the water bodies. 13. The Petitioner, which is a cluster of Tank Association, drew the attention of this Court to the Government Order in G.O.Ms.No.5 Chief Secretariat (Public Works) dated 12.03.2013, by which a Steering Committee (in short ‘the Committee’) was constituted for deliberation/recommendation on Re-launching of Tank Rehabilitation Project, Puducherry with the following Eleven persons on board, including the Chairman. 1. Development Commissioner Chairman 2. Secretary (Finance) Member 3. Secretary (Works) Member 4. Secretary (Agriculture) Member 5. Director (Environment, Science & Technology) Member 6. Chief Engineer (PWD) Member Secretary 7. Director (Agriculture) Member 8. Director (Social Welfare) Member 9. Principal (KVK) Member 10. Superintending Engineer-II (PWD) Member 11. Hydrogeologist (State Ground Water Unit) Member 12. Any other member, if necessary may be co-opted Member 14. Since the Department of Science, Technology & Environment (DSTE) prepared a project under climate change mitigation for 17 crores funded by NABARD, which Included 20 irrigation tanks and 32 ponds, in the year 2016, the Committee had taken a decision to implement the above project with the full participation of the Association, but contrary to the same, a new body, namely, ‘Works Board’ without any expertise and without consulting the members of the Committee and the Association had been constituted for the purpose of maintenance of Tanks. Subsequent thereto, Tenders were floated for integrated surface water management and decision was taken to drill large size bore wells inside the Irrigation Tanks. 15. In response to the above, the 5th Respondent has stated that the decision of drilling was not taken on one night and on the basis of the positive sign shown by one S.Manohar, Hydrogeologist-I, vide Lr.No.2/SGWU&SC/HG/Tech/2018-19/597 dated 10.07.2018, stating that the proposed recharge structures in the lakes/tanks will not pollute the ground water (as these kinds of structures were already constructed in the village ponds and no complaints have been received regarding the water quality of the surroundings), the Government has opted to go for such system. Further, the 5th Respondent has stated that since the Tenders were floated as early as in the year 2017, most of the works have been completed and in some cases, the works are in progress and in few cases, the works are yet to start. There are some cases (more than one case) where re-tender has been called for. 16. According to the 5th Respondent the said Rain Water Recharging Structure is a cheap and popular method of irrigation so as to maintain a uniform method of maintaining ground water, especially where construction of wells is very costly due to hard rock surface, irrigation by tank is cheaper with less cost effective. In that way, storage of additional water from rainfall is always possible through tanks. This fact has been refuted by the Learned Counsel for the Petitioner stating that there are chances of rain water flowing towards tanks, carrying sediments and reducing the depth of tanks. Unless a proper desilting is done from time to time, which is very costly, such new adoption will not yield any fruitful results. 17. The Learned Counsel for the Petitioner in support of his submission, has placed much reliance on a letter dated 09.07.2017 written by a Retired Professor to the Hon’ble Lt. Governor of Puducherry, in which he has pointed out as under: “However, I understand that as a part of this initiative, the government is planning to drill a number of bore wells inside the tank with a view to recharging groundwater. Under normal circumstances, this would have been a welcome measure. But the prevailing conditions in the tanks are seemingly adverse. My own acquaintance with people in Puducherry and my own knowledge on the prevailing conditions suggest that the tanks receive extremely polluted water from all sources which includes domestic sewage, hospital wastes, solid wastes and chemical wastes from commercial establishments and so forth. Therefore, the tanks receive nothing but polluted water. Recharging such polluted water may not yield any desired results and on the contrary, we will be doing disservice to the present and future generations by permanently contaminating the groundwater body.” The very same apprehension has been reiterated by another Geotechnical consultant, stating that the chances of the quality being good are remote in the proposal of tank deepening and the ground water recharge wells, the said exercise will result in contamination of deeper aquifers. 18. 18. When this Court specifically posed a question to the Learned Counsel for the Petitioner on the basis of the Status Report filed by the 5th Respondent, stating that a few works have been completed; some works are under progress, etc., the Learned Counsel for the Petitioner has made the following endorsement in the Court bundle: “The Petitioner does not accept the Status Report filed by R-5. However,, for a resolution, the Petitioner accepts the works, which have been completed and already under progress, subject to the condition that all new/further works shall conform to the G.O.No.5 dated 12.03.2013 and Agenda No.6 of the Minutes of Steering Committee held on 13.03.2016. The digging of borewells should be preceded by an expert opinion from IITM or Anna University and desilting works should be quantified by using GPS/Echo Sounders only. The Chief Secretary R-1 shall be posted about all the future works for his suggestions/approvals.” 19. For the purpose of clarity, the Agenda No.6 of the Minutes of Steering Committee held on 13.03.2016 is extracted below: “The Chief Secretary suggested that work order be issued only for the project components for which funds are available to avoid works landing in lurch midway due to non availability of funds and consequential financial complications. Further, recharge well being costly component in the Rejuvenation needs to excluded from the work unless local rock strata demands so. In fact, natural percolation will help in maintaining quality of underground acquifiers also. Regular review of rejuvenation may be carried out by Development Commissioner and Secretary (ST&E). Chief Secretary further emphasised the need for proper preparation of estimates and proper arrangements for measurement of bill of quantity of various components as per norms. Further, information relating to estimate and execution be shared with stakeholders, such as, tank association, etc.” 20. The 5th Respondent has not shown any exhibited material piece of evidence to prove that there was a consultation with the Tank Association before issuance of Tender Notice, which is required as per the Government Order dated 12.03.2013. Further, information relating to estimate and execution be shared with stakeholders, such as, tank association, etc.” 20. The 5th Respondent has not shown any exhibited material piece of evidence to prove that there was a consultation with the Tank Association before issuance of Tender Notice, which is required as per the Government Order dated 12.03.2013. Though this ground alone is sufficient to interfere with the Tender Notices, considering the fact that there was no interim stay of the Tender Notices as on date and also taking into account the fact that the successful bidders, who had completed the works as per Tender specifications, would be left in the lurch and there may be a loss to the public fund, this Court feels that interference at this stage is unwarranted, as the ultimate intention is to store water with the proven method without affecting the existing freshwater. 21. The concept of industrialisation and mixture of chemical components into Rivers, Lakes, water bodies, etc are the root cause for water pollution and though the supply of fresh water in this Planet cannot be increased, the fresh water can be provided by harvesting rainwater, which is an easy and economical way to deal with this crisis. The possibility of pollution cannot be completely ruled out and the question of water security is the major concern in several parts of the country. One way to deal with this crisis is the proper preservation and usage of rainwater and rainwater harvesting or the collection of rainwater in a proper way can be a permanent solution to the problem of water crisis. Such adoption of conservation of rainwater with workable solution is the need of the hour to tackle the water scarcity problem. 22. When showers of blessings from ‘Almighty’/nature in the form of rain come from Sky to Earth for free, are we not duty bound to collect and store in a proper manner? instead of letting it run off or disappear. According to the Respondents, drilling of bore wells in the Irrigation Tanks is the proper method to increase the ground water level as well as for storage of rainwater, whereas such fact was highly refuted by the Association stating that making such big holes in the Tanks would be an futile exercise. instead of letting it run off or disappear. According to the Respondents, drilling of bore wells in the Irrigation Tanks is the proper method to increase the ground water level as well as for storage of rainwater, whereas such fact was highly refuted by the Association stating that making such big holes in the Tanks would be an futile exercise. Be that as it may, without getting any opinion from an expert in the field, this Court cannot come to a definite conclusion as to which one is the best method both to redeem ground water and to conserve rainwater. 23. Though the Government of Puducherry had issued an order dated 12.03.2013, constituting a Steering Committee for Re-launching of Tank Rehabilitation Project, the most of the composition of Officials in the Committee are bureaucrats and what we need is an efficient and honest Official, who should always be present on the spot to analyse the situation and send a report to the Government every now and then. Since there is a provision in the Government Order to add other persons too as members in the Committee, this Court is of the view that one Top Level Officer of Puducherry Ground Water Authority, Puducherry Pollution Control Board and an expert in the field of water mechanism should be included in the committee so as to get a desired result. The Government must ensure that the Officials to be appointed in the Committee shall be honest, meritorious, efficient and work knowing and there should be no political blend in such appointments. 24. Accordingly, while declining to interfere with the present Tender Notices dated 14.08.2017 and 05.09.2017, this Court issues the following directions: (i) The First Respondent is directed to shuffle the Steering Committee by inclusion of one Higher Officer both from Puducherry Ground Water Authority, Puducherry Pollution Control Board and an Expert in the Field for the purpose of desilting, removal of Savudu Soil, while making bore wells in the Tanks, etc.; (ii) The Officers to be nominated shall visit the Tanks, where works had already been completed by the Contractors pursuant to the Tender, once in three months and ensure that no outside solid water dumps get mixed with the Irrigation Tanks and in respect of other works being carried out and not started, they must be vigilant that no damage is caused to the existing tanks. In case of any deviations, the same shall be photographed and videographed and intimated to the Government for taking action against the Contractors, etc. Further, the details of persons inspecting the premises need be kept readily available for the purpose of future reference and in case ,any deficiency in their works, being brought to light by the local residents or anyone at a later point of time, then those Officials will have to face the music. While confirming the Tender, the Government shall direct the successful Tenderers/Contractors to display in the notice Board at the site for the public to know, with regard to the name of the Contractor, name of the project, fund allotted, expenditure incurred, period for completion of works and any other information like cost escalation in case of delay, as it may deem fit, as each penny of the tax payers should be properly utilized for the welfare of the public and should not be wasted at any cost; (iii) The Government shall fix the responsibility on the Chief Secretary, the Chairman of the Committee, Chief Engineer (PWD) and the Officers to be nominated, with a direction to ensure that the works are being carried out on par with the conditions of the Tender in respect of the works already awarded and in consultation with other members of the Committee in case of re-tender and fresh tender, without any deviations and any negligence/lethargic attitude noticed shall be viewed seriously. The Government is entitled to take suitable disciplinary action against them, including other members of the Committee, in case of dereliction of duties and the Government should review their works prior to three months of the retirement of each Government Official in the Committee and ensure that they have discharged their works satisfactorily, failing which, the Officials may be placed under suspension and dismissed from service for their misconduct, dereliction of duty, lack of devotion to work and integrity so as to deprive their terminal benefits; (iv) The Committee shall submit a report to the Chief Secretary once in three months with regard to the progress in the works and the Chief Secretary, in turn shall send a copy of the same in the form of affidavit to the Registrar General of this Court. It is open to the Petitioner to obtain a copy of the report from the Registry of this Court for follow-up; (v) It is made clear that the Government must ensure that before releasing Tender Notices in future in respect of any irrigation in the lakes/tanks, there shall be a consultation with the Steering Committee and thereafter a final decision shall be taken by the Government after obtaining an opinion from the Expert, as undertaken in the Government Order dated 12.03.2013 and Agenda No.6 of the Minutes of Steering Committee held on 13.03.2016, as otherwise all such future tenders will attain nullity; (vi) Since the above directions are issued in the case relating to PIL, the non-compliance of any of the above conditions shall be brought to the attention of this Court by any third party, apart from the Petitioner-Association, for this Court to take (suo motu) Contempt for wilful and deliberate disobedience and for punishing them with imprisonment; 25. Insofar as the second part of the relief sought for by the Association, regarding entrustment of Kudimaramathu maintenance and all other allied works in respect of all the water bodies to the Tank Association formed in the Union Territory of Puducherry in the concerned Villages, including the Petitioner-Association, cannot be acceded to, as it is for the Government to decide, as mere challenge to the Tender Notifications will not give any right to the Association to seek for participation in the Steering Committee as a matter of right and as stated supra, before issuance of retender or fresh tender, there will be a consultation with the Steering Committee. 26. At this juncture, this Court feels it appropriate to refer to the judgment of the Hon’ble Supreme Court in the case of Sarvepalli Ramaiah (Died) vs. The District Collector [Civil Appeal No.7461 of 2009] decided on 14.03.2019, wherein it has been clearly elicited that if an area is found to be a Water Body (even dried up or fallen into disuse) as per Revenue records, the Government should protect it and the area should not be alienated at any cost. 27. 27. The Government of Puducherry shall bear in mind that the ‘Regional Meteorological Centre’, Chennai has already cautioned about the possibility of severe water scarcity problem this year on account of irregular rainfall and therefore, it is the bounden duty of the Government to take all precautionary steps to ensure supply of Drinking Water to its Subjects without any disruption. With the aforestated observations and directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.