JUDGMENT : SUBRAMONIUM PRASAD, J. 1. Writ Petition No.18566 of 2018 has been filed to direct the District Collector, Kancheepuram District and Revenue Divisional Officer, Kancheepuram District, respondents 1 and 2, to take necessary action, on the representation of the petitioner, dated 5/7/2018 and 6/7/2018 and forbearing the respondents from digging five giant wells in the lake situated in S.No.708 at Madambakkam Village, Kancheepuram District, restore its original status and to maintain the lake. 2. Writ Petition No.26867 of 2018 has been filed to forbear the Executive Officer, Madambakkam Town Panchayat, Chennai and Block Development Officer, Chitalapakkam Panchayat Union, third and fourth respondents, from in any way constructing 5 giant wells inside the lake bund contrary to the NOC granted by the Executive Engineer, East Palar Basin Division, Kancheepuram, sixth respondent, vide proceedings in E.VA.A3/KO.30(NOC)/2018, dated 12/7/2018 and consequently to restore the lake bund. 3. Writ Petition No.27942 of 2018 has been filed to forbear the activities of the Chief Secretary, Government of Tamil Nadu, Chennai; District Collector, Kancheepuram District and the Executive Officer, Madambakkam Panchayat, respondents 1 to 3, respectively, by digging 5 big wells inside the Madamakkam lake of Kanchipuram District and laying big pipes through the lake. 4. Common grievance of the writ petitioners is to restrain the respondents from providing water to Chitlapakkam Town Panchayat, for 18 lakhs litres per day and 20 lakhs litres to Madambakkam Town Panchayat, under the “Providing Combined Water Supply Scheme. 5. Three public interest writ petitions have been filed stating that, a. Madambakkam lake is dry, damaged and in a dilapidated condition. The actual area of the lake is shrunk. Lakes are poorly maintained without proper desilting. Sinking wells will be detrimental to the lake. b. Water in the lake is being used for irrigation of agricultural lands. Depleting water from the lake would severely affect agricultural operations. c. Section 14 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987 permits only storing of water in water bodies and cannot be used for any other purpose. d. Respondents in W.P.No.27942 of 2018 have constructed the water storage tank in the public park, at A.S.K.Nagar, Madambakkam, which is approved by CMDA, by violating Section 8 of the Tamil Nadu Park, Play Fields and open spaces (Preservation and Regulation) Act, 1959. d. Respondents in W.P.No.27942 of 2018 have constructed the water storage tank in the public park, at A.S.K.Nagar, Madambakkam, which is approved by CMDA, by violating Section 8 of the Tamil Nadu Park, Play Fields and open spaces (Preservation and Regulation) Act, 1959. It is also stated that there is storage of water for the residents, nearby tank and that water should not be permitted to be drawn from the tank. e. Executive Officer, Madambakkam Town Panchayat, fifth respondent in W.P.No.18506 of 2018 and Executive Engineer, P.W.D/WRD, Lower Palar Basin Division, Kanchipuram, sixth respondent in W.P.No.26867 of 2018, have filed their counter affidavits. 6. It is stated that Madambakkam Town Panchayat has requested for digging open wells for supply of drinking water for the public. For that purpose, River Basin Manager/Executive Engineer, WRD, PWD and the competent authority on technical matters of hydrology, water resources and water potential have obtained filed particulars and details from the Field Engineers and technically assessed the feasibility of digging well and issued No Objection Certificate to the Town Panchayat. 7. Madambakkam town Panchayat is digging the well under the Madambakkam-Chitlapakkam Combined Drinking Water Scheme with due administrative approval the from District and Technical sanction from the authorities concerned. It is further stated in the counter that wells are sunk in the water spread area of the tank and at a safe distance of about 150 meters from the bund. It is stated that location of the wells, quantum of proposed drawal of water for drinking purpose does not pose any threat to the water body, water resources potential, as well as public interest. It is further stated that technical clearance to this public drinking water scheme has been accorded based on the rainfall records, catchment area and its potential yield, present ayacut details and water balance study. Clearance has been given after following all the rules in force and considering the welfare of the public. 8. The Executive Officer, Madambakkam Town Panchayat in his counter affidavit, has stated that the Government under the scheme of “Providing Combined Water Supply Scheme” in Chitlapakkam and Madambakkam Town Panchayat, have granted Rs. 270 lakhs under the head of Capital Grand Fund 2017 - 2018. 8. The Executive Officer, Madambakkam Town Panchayat in his counter affidavit, has stated that the Government under the scheme of “Providing Combined Water Supply Scheme” in Chitlapakkam and Madambakkam Town Panchayat, have granted Rs. 270 lakhs under the head of Capital Grand Fund 2017 - 2018. ULB contribution Rs.30 lakhs has been granted to this scheme to provide water to Chitlapakkam Town Panchayat, for 18 lakhs liters, per day, and 20 lakhs litre to Madambakkam Town Panchayat, by the provision of digging five giant wells, near four sides of the lake boundary of Madambakkam. Population of Madambakkam Town Panchayat is around 35,000, consisting 13,640 houses thereon, and the total number of wards are 15. 9. Material on records, makes as to prima facie conclude that Court can take judicial notice that there is a substantial increase in residential/commercial units and on the contra, agricultural activities have decreased in Madambakkam village and also the surrounding villages of Madambakkam Village, Tambaram Taluk. New I.T.Companies, educational Institutions, Hospitals are situated not only in Madambakkam Village and also in the neighborhood villages. Need for water has increased by leaps and bounds. On the instructions issued by the Executive Engineer of water resource, Kancheepuram, it was felt that the excess water from the wells could be utilized for implementation of the scheme in the name of “Providing Combined Water Supply Scheme”. In Madambakkam Village, where ground water level is higher than other surrounding villages. Thus, it has been decided to supply water to the nearby areas. 10. Heard Mr.Sankar Ramasamy (W.P.No.18566 of 2018), Mr.D.Saikumaran (W.P.No.26867 of 2018), Mr.A.Muruganandam (W.P.No.27942 of 2018) for the petitioners and Mr.E.Manoharan, learned Additional Government Pleader for the respondents. 11. The Project has been undertaken in common interest and for the welfare of common people of all town Panchayats. The Project will not cause any harm to water body. 12. We called for the files. Material on record shows that the Directorate of Town Panchayat in its letter in Na.Ka.No.6829-1/2017 U 4 dated 27/11/2017 has given administrative sanction for “providing Combined Water Supply Scheme” in Chitlapakkam and Madambakkam Town Panchayat under the capital grand fund 2017 - 2018. The Project will not cause any harm to water body. 12. We called for the files. Material on record shows that the Directorate of Town Panchayat in its letter in Na.Ka.No.6829-1/2017 U 4 dated 27/11/2017 has given administrative sanction for “providing Combined Water Supply Scheme” in Chitlapakkam and Madambakkam Town Panchayat under the capital grand fund 2017 - 2018. Thereafter, the Assistant Executive Engineer, Directorate of Town Panchayat in its Na.Ka.No.554/2017, dated 30/11/2017, has approved for Technical sanction and thereafter, the Executive Engineer water Resources, Public Works Department, Kancheepuram District, in its letter No.EVA3/Koo.30/NOC/2118/1030 MISC, dated 12/7/2018, granted NOC to the E.O Madambakkam Town Panchayat, for the said project. In the mean time, permission for crossing the pipe line, from Madambakkam Panchayat limit was granted by various authorities and thereafter, vide Na.Ka.No.554/17, dated 5/12/2017, a notice of tender has been published in the state tender bulletin. Thereafter, under Resolution No.155 of Madambakkam Town Panchayat, work has been allocated to one M/s. Ravi Associates, the lowest bidder. When the work commenced, the villagers, started agitating for stopping the work. The E.O., Madambakkam called for a peace committee. The Tahsildar, conducted a peace committee on 28/6/2018 in the presence of E.O., Town Panchayat, Inspector of Police, Selaiyur and villages of Madambakkam. 13. Section 3 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987, reads thus:- Grant of permit to sink well in the scheduled area - (1) Notwithstanding anything contained in any law for the time being in force, no person shall sink a well in the scheduled area unless he has obtained a permit in this behalf from the competent authority. (2). Any person desiring to sink a well in the scheduled area shall apply to the competent authority for the grant of a permit for this purpose and shall not proceed with any activity connected with such sinking unless a permit has been granted by the competent authority. (3). Every application made under sub-Section (2) shall be in such form and contain such particulars as may be prescribed [and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed]. (4). On receipt of an application under sub-Section (2), if the competent authority is satisfied that it shall be in the public interest so to do, it may - (a). (4). On receipt of an application under sub-Section (2), if the competent authority is satisfied that it shall be in the public interest so to do, it may - (a). grant, subject to such terms, conditions and restrictions as may be specified, a permit authorising the sinking of well. [Provided that the competent authority, while granting the permit may, after having regard to the hydro-geological conditions, water table conditions, groundwater potential and yield of the acquifer, restrict the depth of the well; or] b. refuse to grant a permit. Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard. (5). The decision regarding the grant or refusal to grant the permit shall be intimated by the competent authority. (6). In granting or refusing to grant permit under sub-Section (4), the competent authority shall have regard to the following matters, namely:- a. the purpose or purposes for which the well is to be sunk; b. the existence of other competitive users; c. the existence of other wells in the locality; d. the availability of groundwater e. the existence of other sources of water other than wells compatability. f. the compatability with the existing water resources g. the factors that affect, control or prevent pollution; h. the possibility for rain water harvesting and conservation. 14. Section 14 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987, reads thus:- Implementation of scheme for artificial re-charge:- (1). Without prejudice to the foregoing provisions of this Act and with a view to ensure optimum utilisation of ground water and formation of hydraulic barrier against sea water intrusion, the Government shall issue instructions to the Board for implementing within such period as may be prescribed the scheme for artificial re-charge of the Ami-Korteliyar basin with the excess flood water flowing into the sea by inter-linking Ami-Korteliyar at two or more feasible points and also by constructing sufficient number of check dams at the appropriate places in the Korteliyar river course. (2). Notwithstanding anything contained in any other law for the time being in force to augment the groundwater storage - (a). in every building owned or maintained by the Government or a Company or other institution owned or controlled by the Government, there shall be provision for rain water harvesting which shall be made in such manner and within such time as may be prescribed. (b). in every building owned or maintained by the Government or a Company or other institution owned or controlled by the Government, there shall be provision for rain water harvesting which shall be made in such manner and within such time as may be prescribed. (b). on or after the commencement of the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002), every person who constructs a building, whether for residential or non-residential purpose, shall provide rainwater harvesting structures in such manner as may be prescribed; (c). the owner or occupier of any building in existence on the date of commencement of the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) shall provide rainwater harvesting structures in such buildings in such manner and within such period as may be prescribed; (d). water bodies, whether public or private, shall be used only for the purpose of storing water and not for any other purposes as such water bodies are contributing to groundwater recharge. 15. As stated earlier, due to shortage of water in Chennai, the Government have brought out a scheme, “Providing Combined Water Supply Scheme”. This scheme has been initiated by the Tamil Nadu Urban Finance and Infrastructure Development Corporation Limited (TUFIDCO), and water from these wells, is used only for the purpose of drinking, and water is not been sold. 16. Going the object of the scheme, we are of the view that the objection under Section 14 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987, is unsustainable in law. Wells, proposed to be sunk are open wells, away from the water body which will be governed, under Section 3 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987. As stated in the counters, wells are sunk at 150 meters away from the bund which is within the permissible limits taking into account that agricultural activities have reduced, in the area. There is tremendous growth in population. Area is surrounded by the educational institutions, hospitals, etc. It has also found that ground water level is higher than the area, where wells are proposed to be sunk. It is stated in the counter of the Executive Officer, Madambakkam Town Panchayat, Chennai/the fifth respondent that only after taking into account, Government have sanctioned a fund of Rs.2.70 crores under the Scheme of “Providing Combined Water Supply Scheme”. 17. It has also found that ground water level is higher than the area, where wells are proposed to be sunk. It is stated in the counter of the Executive Officer, Madambakkam Town Panchayat, Chennai/the fifth respondent that only after taking into account, Government have sanctioned a fund of Rs.2.70 crores under the Scheme of “Providing Combined Water Supply Scheme”. 17. On going through the files, we find that there is no illegal infirmity in the decision of the Government to sink wells for drawing water, for supplying the same to two Panchayats, for the daily need and more so, as stated earlier, water has not been sold. Providing water under the above said Scheme has been envisaged and is being carried out to fulfil the duty cast on the Government. 18. Going through the pleadings, files produced, and after giving due consideration to the averments and submissions of the learned counsel appearing for the parties, we are of the view that scheme to provide water, to the needy, decided by the Government, cannot be said as arbitrary, contravention of the statutory provisions, extracted supra, and that the Government, be restrained by issuance of a writ, as prayer for. 19. In view of the above finding, writ petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.