There is no merit in the claim/apprehension of petitioner in the implementation of MRTS Project.

(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus as stated therein.)

P. Sathasivam, J.)

Exnora International, Madras-17, filed this Public Interest Litigation in the year 1996, seeking to issue a Writ of Mandamus to direct the respondents to demolish the structures put up in the Buckingham Canal and to forbear them from in any manner implementing the Metropolitan Rapid Transit System (in short “MRTS”) project in an environmentally unsustainable manner.

2. According to the petitioner, this writ petition is filed in public interest to prevent the implementation of the MRTS project in the city of Madras in an environmentally unsustainable manner, which will have far-reaching adverse impact on the lives of millions of residents of this City. The petitioner is a registered Trust formed on the objective of improvement of civil amenities and the environment. One of the primary concerns of the petitioner Trust is public health and safety.

3. The city of Madras has four water ways running through it. They are Cooum, Adyar river, Otteri Nallah and Buckingham Canal. These water ways were initially the channels through which rain water was flowing/pushed to the sea. Over the years, they were turned into open sewerage drains with public institutions and pumping stations letting in raw untreated sewage into these water ways. The recent development which concerns the petitioner is the MRTS project, which is being implemented by the Metropolitan Transport Project (Railways).

4. The petitioner Trust understands that MRTS project is to build an overhead railway line between Beach and Luz and there is also a plan to extend the same to Taramani in future. The Buckingham canal is the main source of storm water disposal for Triplicane, Royapettah and Mylapore areas. In the past, Madras remained to be a city of lakes with many catchment areas serving to mitigate the impact of the monsoon. Over the years, the low lying areas, lakes, other water bodies and catchment areas have been encroached upon. In August, 1996, during torrential rainfall, there was water flow into the houses in Mylapore and Triplicane areas and, on investigation, it was found that the flooding was due to the construction of railway stations/lines by the MRTS in the middle of the Buckingham canal bed and in some places in the middle of the canal itself. The Railways stations are built on hermetically sealed pile caps on concrete piles which are sunk on the bed of the canal. The width of the water way has now been reduced to 5-15 feet. The construction of the stations in the bed of the canal itself has had disastrous effect. It has blocked the free flow of water resulting in (a) blocking of the water way; and (b) over-flow in the nearby residential areas. As per the Development Control Rules for Madras City under Tamil Nadu Town and Country Planning Act, 1971, no site could be used for construction of building for any development if the site is near a water body or water course and the proposed development is likely to contaminate the said body or if the site is likely to be inundated. In such circumstances, it is not open to the third respondent herein, viz., Madras Metropolitan Development Authority, to grant permission for the construction in the bed of the canal. It is further contended that as per the Standing Order 15 of the Board of Revenue, it is the duty of the Government to take care and preserve the margins of canals and stream. The area upto 500 metres from estuaries, creeks, rivers and backwaters which are influenced by tidal action are subject to regulation. Because of the construction of MRTS stations, many of the slum dwellers were evicted without prior notice and proper rehabilitation.

5. The Deputy Secretary to Government, Public Works Department, Government of Tamil Nadu, first respondent herein filed a counter affidavit, wherein, it is stated that due to unprecedented rains in the month of June, 199