The court reaffirmed that administrative decisions based on technical expertise and public welfare cannot be overturned absent significant ground for intervention.

J U D G M E N T

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The petitioners in both the writ petitions are residents of Manickal Grama Panchayat in Nedumangad Taluk of Thiruvananthapuram District. The petitioners are aggrieved by the impending shifting of the Kerala Water Authority’s proposed Water Storage Tank from Thirumuttampara to Nedumpara, within the same Panchayat.

2. The petitioners state that residents of Ward Nos.6 to 10 of the Manickal Grama Panchayat have been facing water scarcity for the last several years. Supply of drinking water through Water Tankers was the only source of potable water. The 1st respondent-Kerala Water Authority (KWA) therefore decided to construct three water tanks under the centrally sponsored Jal Jeevan Mission in order to provide drinking water to each home.

3. The project report was to construct a water tank with storage capacity of 4.5 lakhs litre at Thirumuttampara which lies below Thamburanpara and Thamburattipara. The second proposal was to construct water tanks at Perayathumughal with 12 lakhs litre capacity and at Vellanickal with 5 lakhs litre capacity. The petitioners state that detailed survey was conducted and preliminary tender steps were initiated. To the predicament of the petitioners, the proposed site for constructing the 4.5 lakhs litre water tank at Thirumuttampara has been shifted to Nedumpara, which is in Koppam Ward and which is a low lying area. 4. The petitioners state that it was on the basis of the survey conducted by PPD Wing of the Kerala Water Authority and on the basis of an Engineering Report that it was proposed to construct a water tank at Thirumuttampara with proposed height of the tank, of 180.720 metres. Now, the proposal is to shift the water tank to Nedumpara and to construct water tank at a height of 130.155 metres. The petitioners would submit that the shifting of the water tank to Nedumpara is intended to help two quarries functioning nearby.

5. The reason advanced by the KWA for shifting the location is that as the initially proposed tank would be in a higher altitude, there is chance of busting of pipes on account of the pressure during pumping process. The petitioners would submit that if the overhead tank is erected on higher altitude, it would facilitate free flow of water on the force of gravity without use of external energy to deliver water from source to tap.

6. The petitioners would urge that if Ductile Iron Pipes (D.I. Pipes) having concrete lining inside with additional features of M.R. Specifications are used, pipe breaking can be avoided. The petitioners submitted representations before the authorities seeking to retain the location of the proposed water tank at Thirumuttampara. However, the respondents are taking hasty steps to shift the proposed water tank to Nedumpara and to construct the water tank there.

7. The learned counsel for the petitioners pointed out that the PPD Wing of the Kerala Water Authority had conducted the survey earlier and had submitted Detailed Project Report which recommended construction of a water tank at Thirumuttampara. The sudden change of the location to Nedumpara is intended to help quarry mafia in the area. If the proposed water tank is constructed at Nedumpara, the places like Mathapuram, Karikkakam, Ozhukupara, Chirathalackal, Thalayil and Mottakavu which are at a higher terrain will not get the benefit of uninterrupted water supply.

8. The counsel for the petitioners further urged that if the water tank is constructed at Thirumuttampara, it would ensure free flow of water on gravity power without using external energy. The site proposed originally was on a rock which is seismic resistant than the alternative site which is in a loose soil terrain. If Cast Iron pipes or Ductile Iron pipes having concrete lining inside with additional features of M.R.

specifications are used, then there cannot be any apprehension of pipe busting.

9. The respondents ought to have noted that the people of the entire locality are facing acute shortage of