State authorities may undertake temporary infrastructure work on private land during emergency situations, such as disaster management necessitated by severe water stagnation, to protect public health and safety without requiring prior land acquisition procedures.

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus forbearing the respondents herein from constructing sewerage / drainage / storm water drain line in the petitioners patta land situated in survey no. 85 / 3 in Ayyamperumampatti, salem Taluk salem District without due process of law.

For Petitioner(s): Mr.K.Raja For Respondent(s): Mrs.S.Anitha, Special Government Pleader for R1, R2 and R4 Mr.N.Devi, Standing Counsel for Salem Corporation for R3 and R4

Order

This writ petition is filed forbearing the respondents from constructing sewerage / drainage / storm water drain line in the petitioners patta land.

2. Case of the petitioner is that the property situated at S.F.No.85/3 in Ayyaperumampatti, Salem Taluk, Salem District, to an extent of 2.85 acres was originally belonging to the 1^st petitioner. Out of the said extent, 1.42 ½ cents was sold in favour of the 2^nd petitioner and they are enjoying their respective lands without any encumbrances. While so, on 10.09.2022, without any prior notice, all of a sudden, Corporation officials with the help of police personnel, started digging the petitioner’s private land for formation of drainage / sewerage line measuring 7 feet. Hence, the petitioner submitted a representation to the respondents on 10.09.2022, which does not yield any fruitful result. Hence, the petitioner is before this Court.

3. Learned counsel for the petitioners submitted that the petitioner’s patta land has been damaged for the purpose of constructing drainage / sewerage line.

Further, the said land is not a government poramboke land, it is a private patta land. Hence, the action of the respondents in digging drainage line through the petitioners’ private lands of the petitioners are illegal and the petitioners seek appropriate orders restraining the officials from proceeding with the same. 4. Learned counsel for the respondents has drawn the attention of this Court to the counter affidavit dated 25.10.2022 and submitted that the entire land in S.F.No.85/3 is a low-lying area, abutting the Yercaud main road and during rainy season, rainwater stagnates in the said areas including the land in question, thereby causing hindrance to the public movement. Hence, the official have proposed the formation of a drainage channel as a temporary measure.

5. Heard both sides and also perused the materials available on record.

6. For better appreciation, it is relevant to extract paragraph no.8 of the counter affidavit:

‘’8. I, most respectfully submit that before ever approval of the above proposal to identify the disposal point, continuous rain in the recent 1^st week of September 2022, the rain water stagnated in the low-lying areas including the alleged land in S.F.NO.85/3 and created lot of hindrance to the pubic movement besides health hazards, and the public represented with the District Administration to drain the stagnation of water in the surrounding of S.No.85/3 to Odai. The District Administration has instructed the Salem City Municipal Corporation to sort out issue to be carried out under the Disaster Management urgently. Accordingly the Sub- Divisional Magistrate / revenue Divisional Officer, Salem has given a letter to this effect on 05.09.2022. In the above circumstances the 4^th respondent attended to form a proper drainage from the low lying area in S.F.No.85/3 and through other fields up to the odai on 10.09.2022. The 4^th respondent was instructed to carry out the work under emergency needs with the Assistance of Assistant Engineer Highways (Building Maintenance) Salem under the Disaster Management Act. Otherwise there is no need for the Salem City Municipal Corporation to form a drainage in the unapproved layout lands. This is only a temporary activity in an emergency situations. In view of the facts and circumstances stated above, I humbly pray th