Division of responsibilities for stormwater drain maintenance clarifies jurisdiction between local and public works departments.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to properly construct the public drain by the side of the Ettumanoor-Pala- Poonjar State Highway so as to prevent drain water from the road flowing into the property of the petitioner comprised in resurvey Nos. 127/2, 127/3, 127/5 and 127/10 of Block No. 15 of Kidangoor Village of Meenachil Taluk of Kottayam District.

ii. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.

iii. Issue any other appropriate writ, order or direction that this Honourable Court deems just and necessary in the circumstances of the case.

And iv. Allow costs.”[SIC]

2. A counter affidavit is filed by the 4th respondent in this case. It will be better to extract the relevant portion of the same:

“2. It is submitted that PWD Roads wing constructed a dry rubble protection wall and an open drain by the side of Ettumanoor- Poonjar State Highway-SH 32 near the junction joining with the old State Highway after Kidangoor Town towards Pala direction. The drain collects the rain water from the new and old alignments of State Highway and guides to a near by natural leading channel. The statement of the plaintiff that PWD has constructed the drain half way and hence resulted in flooding of near by land during rainy season is baseless. PWD can construct and maintain drain only along the asset/land owned by PWD. Hence the open drain was constructed along the side of the road up to the natural leading channel and there after the storm water flows through the natural leading channel, which is passing by the side of the plaintiff's property. PWD is not the authority to construct and maintain natural canals owned by irrigation Department/revenue departments. Which is flowing between private properties Any unauthorized land fillings can create blockage to the flow of natural, leading channels and subsequent flooding of near by lands. The duty of maintenance of natural streams or drainage is not vested with PWD.

3. It is the duty of the PWD to construct and maintain surface and deep drain along the sides of roads owned by PWD to ensure safe disposal of storm water from road surface to natural stream, and accordingly PWD constructed drain at this location and connected the drain to the nearby natural drain. Further action in this regard may be taken by Irrigation/Panchayat/Revenue authorities.

4. The existing drain is emptying water in to the existing natural leading channel, and not into the plaintiff's property. Blockage in this channel due to land fillings or any unauthorized construction may be removed by Revenue/Panchayat authorities. PWD constructs drain only in the land owned by the department and ensures safe disposal of storm water to near by natural leading channel/streams. Further, maintenance of natural leading channel is not under the jurisdiction of PWD.

5. The existing drain at this location was constructed by PWD about 20 years back and no recent construction activities except resurfacing of existing carriage way, laying of interlock tiles and road safety furniture have been done. The drain was constructed for the safe disposal of storm water from the road surface to nearby natural streams. And accordingly the existing drain collects the storm water and discharges to the near by natural leading channel/stream which is passing by the side of the plaintiff's property. Blockage in the natural leading channel and subsequent flooding due to unauthorized land fillings or construction shall be removed by Panchayat/Revenue authorities as this duty is not vested with PWD. True copy of the location sketch showing the existing drain and natural leading channel is produced herewith and marke