Judgment:
(Prayer: W.P.(MD)No.7924/2012:
Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the Respondents to remove the encroachments, strengthen the bunds and erect boundary stones on all sides of the Punganoor and Kothamangalam
Lakes situated at Manikandam Panchayat Union, Thiruvarangam, Tiruchirapalli District, within a time frame.
W.P.(MD)No.8106 of 2012:
Writ petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd and the 4th Respondents to remove the debris and rubbish, which have been filled-up unlawfully in the middle of Kothamangalam Aerie, Punganoor Aerie and Kallikudi Aerie to accumulate and to store-up irrigation water through the reservoir from Kattalai Canal for agricultural operation of the ayacutdars.)
ORDER
(Order of the Court was made by R.BANUMATHI,J)
The common prayer in these two Public Interest Litigations is for issuance of a Writ of Mandamus, directing the Project Director, National Highways Authority of India, Karur, to remove the encroachments and debris filled-up unlawfully in the middle of Punganoor, Kothamangalam and Kallikudi Lakes situated at Manikandam Panchayat Union, Thiruvarangam, Tiruchirapalli District, and strengthen the bunds of the lakes and also to erect boundary stones on all sides of the lakes, within a time frame.
2. Brief facts necessary for the disposal of the Writ Petitions are:
(a) Punganoor Lake is maintained by the Public Works Department. There are two other lakes, namely Kallikudi and Kothamangam lake, situated near to Punganoor Lake. Water from the above tanks is the source of irrigation supply for about 2500 acres of lands. There are sluices to regulate flow of water for irrigation purposes, maintained by the Public Works Department.
(b) When the National Highways Authority of India proposed to expand the Trichirappalli-Karur bye-pass road, by making realignment, through the above said lakes, the ayacutdars raised objections. Since their objections were not considered, the ayacudars filed W.P.(MD)No.9112 and 9510 of 2010 before this Court. The above Writ Petitions were disposed of by a Division Bench of this Court, by order dated 23.12.2009, directing the National Highways Authority of India to reconsider the issue. Thereafter, the Project Director, National Highways Authority of India, Karur, came up with a new alignment on 05.08.2010. The said order came to be challenged in three Writ Petitions in W.P.(MD)Nos.5769, 11526 and 11705 of 2010. Pending those Writ Petitions, the Project Director proceeded with the construction and started filling-up the tanks with construction materials, viz. sand, blue metals and steel rods. However, those Writ Petitions were allowed on 09.11.2010, setting aside the order of the Project director dated 05.08.2010 and issuing certain directions to the National Highways Authority of India. The Review Petition filed by the National Highways Authority of India was also dismissed and thereafter they have dropped the proposal to lay the road across the lakes in question.
3. The grievance of the Petitioners is that the Respondents have failed to remove the construction materials that are lying in the lakes, which are causing immense hardship to the ayacutdars who are solely dependent on agriculture. Stating that inspite of repeated representations the National Highways Authority of India have not taken any steps to remove those waste materials, the Petitioners have come up with these writ Petitions seeking the aforesaid relief.
4. On notice, Mr.K.K.Senthilvelan, learned Assistant Solicitor General of India, appears for the National Highways Authority of India and its Project Director, Karur. Learned Assistant Solicitor General has filed a common counter affidavit of the Project Director, National Highways Authority of India, Karur, the 3rd Respondent in W.P.(MD)No.7924 of 2012 and the 2nd Respondent in W.P.(MD)No.8106 of 2012. In the said counter affidavit, the Project Director has stated that they are ready to remove the sand and other materials and debris from the lakes in question and requests time upto 31.12.2012. In Paragraph No.8 of the common counter affidavit, the Project Director, National Highways Authority of India, Karur, has stated as follows:
"(8) From the table, it can be seen that the capacity area is not affected much. As such, after getting the approval of realignment as suggested by the Hon'ble High Court from MoEF and NHAI, the process of removing the bund and other materials in the tank portion will be taken up before December, 2012.
It is therefore prayed that, this Hon'ble High Court may be pleased to give time up to the period of 31.12.2012 to remove the sand and other materials from the above said tanks."
5. Learned counsel for the Petitioners would submit that in the meanwhile monsoon will set-in and therefore they requested for grant of shorter time for removal of waste materials lying in the lakes in order to store more rainwater in the lakes.
6. In view of the submissions made, time is granted upto 30th October, 2012 to the Project Director, National Highways Authority of India, Karur, to remove the waste materials from the lakes in question. With the above direction, both the Writ Petitions are disposed of. No costs. Connected M.P.(MD)No.1 of 2012 in both the Writ Petitions are closed.