V. B. R. Menon, B. E. MBA (IIMA), LLB, Advocate v. State of Tamilnadu Rep. By Chief Secretary, Public Department, Fort St. George, Secretariat, Chennai
2019-03-11
M.VENUGOPAL, S.VAIDYANATHAN
body2019
DigiLaw.ai
JUDGMENT : (Prayer: Directing the respondents to institute appropriate Water Management Systems based on standard specifications, modern technology and GPS based instruments to achieve optimum utilization of all the water bodies situated within the City of Chennai and its suburban areas to guarantee no wastage of water into the sea, within a time frame to be prescribed by this Honble Court.) 1. It is represented by the Respondents that survey has already been commenced with regard to 400 Water Bodies and the same is yet to be completed. 2. It is represented by Mr.V.B.R.Menon, Petitioner in-person that the Respondents have not furnished the particulars as to the Water Bodies surveyed by them and it is not known whether any time limit has been fixed for surveying the Water Bodies. It is further represented that if the entire survey has not been completed, a Schedule has got to be given with regard to the survey that is going to be completed in respect of Water Bodies and also the steps taken by the authorities for removal of encroachers. 3. From the pleadings, it appears that the issue revolves around restoration of Water Bodies in the State of Tamil Nadu, especially in the area, which is the subject matter in the Writ Petition and that except the Commissioner of Corporation, Chennai, who has filed the Status Report on 20.07.2018 and also the typed set of papers, containing photographs, other Respondents have not provided any details regarding the action taken for safeguarding the Water Bodies, for perusal of this Court. 4. At this juncture, learned Government Advocate, appearing for R1 to R4 and R6 has sought further time for filing a Status Report. At his request, time is granted till 18.03.2019 for filing a Status Report. 5. This Court makes it very clear that the desalting process has to go on parallely to ensure that the existing Water Bodies are preserved. The Respondents are expected to complete the process at the earliest and if the water bodies are not saved, it will be very difficult for the survival of the future generation and they could see water only in Sea and not anywhere. The Government must ensure that as and when it rains, the rain water is saved properly, as water is very essential commodity for the entire mankind and for their existence. 6.
The Government must ensure that as and when it rains, the rain water is saved properly, as water is very essential commodity for the entire mankind and for their existence. 6. Last but not the least, it is saddening to note that though our State has all the resources, due to the lethargic attitude of the Officials of the Respondents and lack of interest in its preservation, we are made to beg for water from other States. In foreign countries, if a sketch for any underground project is prepared, the Rulers / Officials would, at the first instance, find out the way for free flow or diversion of ground water and thereafter, execute the project and in case there is no feasibility of ingress and egress of water underneath, the project itself would be cancelled. That is not the case in our country, more particularly, in Tamil Nadu, as, according to the Report No.8 of 2017 of the Comptroller and Auditor General of India for the year ended March, 2017, encroachments on water bodies accounted for 49 per cent of the total objectionable encroachments, which may include the Railway projects also. Though the Government of Tamil Nadu has launched the Metro Rail project in Chennai, with the foreign collaboration and aid, for the welfare of public at large, it is a million dollar question as to whether any earnest steps have been taken by the Officials in preserving water bodies during its implementation, despite the fact that the ground water level is getting reduced day-by-day and there is a severe threat of scarcity of water in the ensuing days. List this matter on 18.03.2019.