2007 Supreme(Mad) 1508
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE J.A.K. SAMPATH KUMAR
C. Govindarajan
Versus
The Government of Tamil Nadu, Rep. by its Secretary, Public Works (R1) Department, Chennai 600 009 & Others
W.P.Nos.36732 of 2006, 23366 to 23371, 24182 to 24187 of 2001, 43075 of 2005, 21, 18817 of 2006 & M.P.Nos.1 to 6 of 2006
Decided On : 27-04-2007
For the Appearing Parties:AR.L. Sundaresan Senior Counsel for K. Raja Srinivas, P. Jayaraman, Senior Counsel for S. Jayakumar, S. Sundar, Senior Counsel for M/s. Sunder Mohan, N. Muthukumaraswamy, Senior Counsel for J. Srinivasan, T. Mohan, R. Viduthalai, Advocate General, Assisted by G. Sankaran & P. Subramani, Government Advocate, P. Wilson, Asst. Solicitor General of India, J. Ravindran for C.M.D.A., Rita Chandrasekar for Tamil Nadu Pollution Control Board.
High Court normally will not interfere with the decision of the Government.
Headnote:Land Acquisition Act, 1894-Sections 4, 6A, 6, 17(1) and (4)-Acquisition of lands-Validity of acquisition challenged-Held, High Court not inclined to interfere with the decision of Government unless malafide or non-application of mind is shown-Acquisition proceeding upheld.
(P.K. Misra, J.)
In W.P.Nos.24472, 24879, 26146, 26138 of 2004, 16010, 32335 of 2003, 16238, 40166 of 2005 the prayer is for quashing G.O.Ms.No.432 Public Works (R1) dated 16.9.2003.
1.1. W.P.Nos.35514 and 12321 of 2005 have been filed as Public Interest Litigations for quashing G.O.Ms.No.432 dated 16.9.2003. The allegations made in both the writ petitions are same as in W.P.No.35513 of 2005.
2. W.P.Nos.23366 to 23371 of 2001, 10533 & 10534 of 2003, 11160 of 2003, 34514 of 2002, 24182 to 24187 of 2001, 1537 of 2002 have been filed to quash G.O.Ms.No.438 PW (R1) dated 31.8.2000.
3. In W.P.Nos.20860, 20862, 20864 & 20865 of 2003 prayer is to quash G.O.Ms.No.221 Public Works (R1) dated 2.6.2003 published in Tamil Nadu Gazette on 10.6.2003 so far as it relates to the petitioners land in Manjambakkam village, Ambattur Taluk in Tiruvallur District.
4. W.P.No.35513 of 2005 has been filed as a Public Interest Litigation for quashing G.O.Ms.No.122 dated 14.7.1998 and to consider the feasibility of carrying the surplus water from the Korattur tank through pipeline instead of the proposed scheme of carrying surplus water from the left flank weir of Korattur tank to Madhavaram tank through open channel of 200 feet width through Puthagaram and Kathirvedu villages.
4.1. W.P.No.42507 of 2006 has also been filed as a public interest litigation to consider the proposal pursuant to G.O.Ms.No.122 dated 14.7.1998 and utilize the Government lands for implementation of the scheme and to release the private lands belonging to the individuals from acquisition proceedings pursuant to G.O.Ms.No.30 dated 2.2.2005.
5. W.P.No.16010 of 2003 has been filed by Sree Balaji Nagar Residential Association on behalf of the residents of Puzhal Village, Balaji Nagar in respect of survey numbers described in the writ petition. Prayer in this writ petition is for quashing G.O.Ms.No.144 P.W. (R1) dated 4.4.2003.
6. W.P.No.5202 of 2005 has been filed by several persons of Puzhal Village for quashing G.O.Ms.No.30 P.W.(R1) dated 2.2.2005 in respect of the lands of the petitioners.
7. W.P.Nos.32732, 32771, 32774, 33159, 33483, 33590, 37863,and 24 of 2006 have been filed for quashing G.O.Ms.No.626 dated 19.11.2003 so far as it relates to the land of the petitioners in Puthakaram village in Ambattur Taluk.
8. W.P.No. of 2006 has been filed by one resident of Kadirvedu village for himself as well as a public interest litigation. Prayer in this writ petition is for quashing G.O.Ms.No.432 dated 16.9.2003 and directing the respondent Government to appoint a Committee headed by a retired Judge of the High Court and of experts on water management, representatives of the petitioners and representatives of encroachers to suggest permanent solution after local inspection to the water logging and flooding problems faced by the residents of Kathirvedu village. Kathirvedu village is situated within the limits of Puzhal Panchayat Union. There is a perennial source of water body known as Kathirvedu Thangal, which is rain fed and serves to recharge the ground water in more than 2000 open wells and borewells in the area. Totally 11 CMDA approved residential colonies comprising of 1500 houses are in the vicinity. It is stated in the affidavit that due to encroachments, several water bodies in North Madras area have lost their character and become non-existent. The effect of such illegal encroachments is during rainy season several areas in northern part of Chennai become inundated with floods as the excess water cannot get discharged to the sea. It is further stated that because of industrialization without proper drainage and sewerage planning some water bodies such as Ambattur and Korattur tanks have become contaminated. The report of Directorate of Public Health and Preventive Medicine, Department of Water and Sewage Examination, King Institute Campus, Guindy reveals that water quality of Korattur tank has been lost and has become a sewerage storage tank. It is furthe