Madras High Court
Unknown vs National Highways Authority Of ... on 1 August, 2023
W.A.Nos.1320 to 1322 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.Nos.1320 to 1322 of 2014
1. The Secretary to Government
Public Works Department
Secretariat
Fort St.George
Chennai 600 009
2. The Principal Chief Engineer
Water Resources Department
Chepauk, Chennai 600 005
3. The Chief Engineer
Public Works Department
Water Resources Organisation
Madurai Region
Madurai 625 002
4. The Assistant Executive Engineer
Public Works Department/WRO
Manimuthar Basin Sub Division
Karaikudi 630 001
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W.A.Nos.1320 to 1322 of 2014
5. The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Kandanur 630 104
6. The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Karaikudi 630 001 .. Appellants in WA.1320/2014
1. The Secretary to Government
Public Works Department
Secretariat, Fort St.George
Chennai 600 009
2. The Principal Chief Engineer
Water Resources Department
Chepauk
Chennai 600 005
3. The Chief Engineer
Public Works Department
Water Resources Department
Trichy Region
Trichy 620 020
4. The Superintending Engineer
Public Works Department
Water Resources Organisation
Middle Cauvery Basin Circle
Trichy
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W.A.Nos.1320 to 1322 of 2014
5. The Executive Engineer
Public Works Department
Water Resources Organisation
South Vellar Basin Division
Pudukkottai
6. The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Keeranur, Pudukkottai District .. Appellants in WA.1321/2014
1. The Secretary to Government
Public Works Department
Secretariat, Fort St.George
Chennai 600 009
2. The Principal Chief Engineer
Water Resources Department
Chepauk, Chennai 600 005
3. The Chief Engineer
Public Works Department
Water Resources Organisation
Trichy Region
Trichy 620 020 .. Appellants in WA.1322/2014
v.
1. National Highways Authority of India
through its Project Director
Project Implementation Unit
No.1, 2nd Floor Sole Respondent in WA.1320,
Subramaniapuram 3rd Street 1321/2014 & 1st Respondent
Karaikudi 630 002 .. in WA.1322/2014
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W.A.Nos.1320 to 1322 of 2014
2. New Kattalai Canal and Aerie
Pasana Vivasayigal Welfare
Association K.Sathanoor
rep by its Secretary G.Angamuthu
19/1, West Street
K.Sathanoor and Post
Trichy .. 2nd Respondent in WA.1322/14
Writ Appeals filed under Clause 15 of the Letters Patent, against the
common order dated 06.01.2014 made in W.P.Nos.1856 to 1858 of 2013.
For Appellants :: Mrs.Geetha Thamaraiselvan
Special Government Pleader
For Respondents :: Mrs.S.R.Sumathy
Standing Counsel for NHAI/R1
in WA.1320 to 1322/14
No appearance for R2 in
WA.1322/14
COMMON JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
These intra-Court appeals, at the instance of the State, are directed
against the common order dated 06.01.2014 passed in Writ Petition
Nos.1856 to 1858 of 2013.
2. Heard both sides.
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W.A.Nos.1320 to 1322 of 2014
3. The brief facts necessary for the disposal of these writ appeals are
that the respondent, National Highways Authority of India, after identifying
the congested built-up areas in South India, particularly in Trichy and
neighbouring districts, delving into various aspects to provide free flow of
vehicular traffic, initiated the project of upgradation of 2 lane with paved
shoulders of Trichy-Karaikudi Section of National Highways (NH) 210 from
Km.10/000 to Km.94/000 including Trichy Bypass on NH-67 from
Km.110/016 to Km.135/930 with total length of 107.45 Kms., in the State
of Tamil Nadu on BOT (Build, Operate and Transfer) Annuity Basis under
the National Highways Development Project (NHDP) Phase-III. The said
project, initiated in terms of the Central Government's Policy decision to
connect States, Cities and Districts at an estimated cost of Rs.374 crores,
included construction of a new Bypass to Trichy city branching near
Thuvakudi on NH-67 at Km.110/016 intersecting NH-210 in Mathur at
Km.124/671 and merging on NH-45B at Km.135/930 near Panchappur
besides new bypass for Keeranur, Pudukkottai, Thirumayam and Karaikudi
on NH-210. In the total length involving 107.45 Kms., 67 Km., is new
formation, of which a length of 5.674 Kms., is passing through water
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W.A.Nos.1320 to 1322 of 2014
bodies, namely, (a) Trichy Bypass in Trichy District on NH-67 from
Km.110/016 to Km.135/930 coming under the jurisdiction of Chief
Engineer, PWD, Trichy is intersected by 6 water bodies i.e., Thuvakudi-
Paranthankulam, Thuvakudi-Periyakulam, Palaganagudi-Nilamuttikulam,
Kumbakudi-Kumbakudi tank, K.Sathanoor-Kannakkankulam and
K.Sathanoor-Periakulam; (b) Trichy-Karaikudi Section of NH-210 from
Km.10/000 to Km.94/000 in Pudukkottai District under the jurisdiction of
the same authority, is intersected by 6 water bodies i.e., Kulathur-
Periakulam, Keeranur-Periakulam, Kundaru River, Vellaru River,
Thirumayam-Thamaraikanmoi and Thirumayam-Vengaikanmoi and (c) the
project stretch in Sivagangai District coming under the jurisdiction of Chief
Engineer, PWD, Madurai Region is intercrossed by 4 water bodies i.e.,
Kanadukathan Tank, Kovilur-Koneri Tank, Sankarapuram Tank and Senjai-
Nattar Tank. Since the project alignment had to pass through the aforesaid
water bodies, the Project Director, NHAI, by letter dated 17.07.2008,
requested permission/NOC from the PWD authorities concerned to enter
into the lands to commence the road works.
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W.A.Nos.1320 to 1322 of 2014
4. Now the status report dated 28.07.2023 filed by the Project
Director of NHAI before this Court clearly reveals that though the Chief
Engineer, PWD, WRO, Madurai Region vide letter dated 17.07.2012 has
recommended to the Secretary to Government, PWD, Chennai for issuance
of NOC for the formation of road through the four tanks in Sivagangai
District, the Secretary to Government, PWD, Chennai, by letter dated
27.09.2012, rejected the request of NHAI for issuance of NOC for the
reasons stated therein. Similarly, the Assistant Engineer, PWD, WRO,
Irrigation Section, Keeranur, by letter dated 09.11.2012, requested NHAI to
stop the construction work in Kulathur and Keeranur Tanks falling in
Pudukkottai District. Based on the above proceedings dated 27.09.2012,
the Chief Engineer, PWD, WRO, Trichy Region, by letter dated 03.10.2012,
has also withdrawn the NOC granted to the NHAI for formation of the road
in the water bodies falling in Trichy District. When the aforesaid orders were
challenged by the NHAI in the writ petitions, the writ Court has allowed all
the writ petitions, quashing the entire proceedings, permitting the NHAI to
complete the remaining project subject to the condition that they should not
contravene the undertaking given to this Court in respect of preservation of
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W.A.Nos.1320 to 1322 of 2014
water bodies and further, in respect of the completed project and the
undergoing project, if any deepening or desilting or any other restoration
work is required, NHAI should carry out the same by incurring the entire
expenditure required therefor. According to the respondent, NHAI has
constructed the works in the above said tanks by duly following the
directions of this Court and as well the opinion given by the experts
Dr.S.Mohan & Dr.Boominathan from the Department of Civil Engineering,
IIT, Madras and Shri.R.Sivasamy, Chief Engineer & Administrator (Retd.)
and it is further submitted that the construction works have been completed
in all the 16 water bodies duly ensuring free flow of water and opened for
traffic.
5. Placing on record the aforesaid status report filed by the
respondent, we observe that if any condition has not been complied with by
the NHAI for preservation of the water bodies in question as undertaken
before this Court, the appellants are entitled to issue suitable instructions to
the NHAI to rectify the defects pointed out by the appellants and ensure
their compliance at the cost of NHAI. With this observation, all the writ
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W.A.Nos.1320 to 1322 of 2014
appeals shall stand disposed of. Consequently, M.P.Nos.1 & 2 of 2014 are
closed. There shall be no order as to costs.
(D.K.K.,J.) (P.B.B,J.)
Index : yes/no 01.08.2023
Neutral citation : yes/no
ss
To
1. The Secretary to Government
Public Works Department
Secretariat
Fort St.George
Chennai 600 009
2. The Principal Chief Engineer
Water Resources Department
Chepauk
Chennai 600 005
3. The Chief Engineer
Public Works Department
Water Resources Organisation
Madurai Region
Madurai 625 002
4. The Assistant Executive Engineer
Public Works Department/WRO
Manimuthar Basin Sub Division
Karaikudi 630 001
____________
https://www.mhc.tn.gov.in/judis
W.A.Nos.1320 to 1322 of 2014
5. The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Kandanur 630 104
6. The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Karaikudi 630 001
7. The Chief Engineer
Public Works Department
Water Resources Department
Trichy Region
Trichy 620 020
8. The Superintending Engineer
Public Works Department
Water Resources Organisation
Middle Cauvery Basin Circle
Trichy
9. The Executive Engineer
Public Works Department
Water Resources Organisation
South Vellar Basin Division
Pudukkottai
10.The Assistant Engineer
Public Works Department
Water Resources Organisation
Irrigation Section
Keeranur, Pudukkottai District
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W.A.Nos.1320 to 1322 of 2014
11.The Project Director
National Highways Authority of India
Project Implementation Unit
No.1, 2nd Floor
Subramaniapuram 3rd Street
Karaikudi 630 002
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W.A.Nos.1320 to 1322 of 2014
D.KRISHNAKUMAR,J.
AND
P.B.BALAJI,J.
ss
W.A.Nos.1320 to 1322 of 2014
01.08.2023
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