C.H. Balamohanan vs Union Of India And Ors

The application is filed to injunct the 5th and 7th respondents viz., Port Department of Government of Puducherry and M/s.Marg Limited, Marg Axis respectively from discharging dredged material from Ariyankuppam river mouth, the common entrance of Puducherry fishing harbour 1.5 km from the harbour mouth and to direct the 5th and 7th respondents to discharge the dredged materials at a location of 4 Km from the harbour mouth between the pier and Gandhi Statue for beach nourishment as provided in the Government Order dated 28.06.2016 issued by the Government of Puducherry.

After the application was admitted, there has been some development with regard to the subject matter of this application and the Director, Port Department, Puducherry has filed an affidavit on behalf of the 5th respondent dated 23.03.2017. It is stated that a work order for "dredging at the common entrance of Puducherry Fishing Harbour and Commercial Harbour with outsourced dredger and discharging the dredged sand between Pier and Gandhi Statue for which nourishment" was awarded to the 6th respondent M/s.Dredging Corporation of India Ltd., (DCI) on 24.11.2016. However, it was found that the 6th respondent could not immediately take up the work and this lead to silting of the navigation channel.

Therefore it was decided by the Government in the Meeting of Secretary (Ports) held at Chief Secretariat alongwith officials of DCI on 30. 01.2017 to call for a short tender by the Port Department for dredging a limited quantity of 75,000 cu.m. so that the channel may be made navigable for fishing vessels. After the Web. advertisement was given, the Government of Puducherry has granted the said work to the 7th respondent M/s.Marg Limited, Chennai since it was found to be of lowest tender.

In the meantime, the DCI has managed to clear the channel for navigation and it was in those circumstances, the DCI viz., 6th respondent should be allowed to continue the assigned work strictly as per work order dated 24.11.2016 to the effect that the dredged sand (3 lakh cu.m.) should be discharged in the stipulated lead distance of 4 km and pumping strictly following the conditions imposed by State Level Environment Impact Assessment Authority (SEIAA) in accordance with the Environmental Clearance (EC) granted for nourishing of coastal line dated 07.02.2017. Thus, the Government of Puducherry has taken a decision to act strictly in accordance with the EC granted earlier which is the relief sought for by the applicant herein. The Government of Puducherry has also decided that the emergent work is no more in existence and the Government proposes to modify the scope of order. The appropriate paragraphs No.6, 7 & 8 in the affidavit stated above, are as follows:

"6. On getting informed about the above case, the Government reconsidered the entire case once again. After considering all aspects, including the welfare of the fishermen, the beach nourishment plan, as well as the LOI issued to the 7th respondent, it was decided as follows:

i) M/s.DCI (6th respondent) should be allowed to continue their assigned work strictly in terms of work order dated 24.11.2016. The dredged sand (3 lakh cu.m) should be discharged in the stipulated lead distance of 4 km and pumping strictly following the conditions imposed by the State Level Environment Impact Assessment Authority which accorded permission for nourishing of coastline vide their letter dated 07.02.2017.

ii) Since M/s.Marg Limited (7th Respondent) had mobilised their dredger on the basis of letter of intent , though the need for emergent work as contemplated in the tender no longer exists, the higher suction capacity of dredger machine of M/s.MARG Ltd. could be used to remove the accumulated silt between new port and the river mouth i.e., in the lagoon to clear the common passage for fishing vessels and commercial vessels. The required environmental clearance is to be taken, before starting of operating by M/s.MARG Ltd. Required funds should be allocated in the budget of Port Department for this work in B.E 2017-18.

It is respectively submitted that accordingly, letters dated 22.03.2017 have been issued to both the 6th and 7th respondents respectively, to communicate the above decision of the Government. The 6th respondent has been informed that "with the channel having been made navigable to the fishing vessels, it has been decided to allot the full quantum of 3.0 lakh cu.m to you, as per the original scope of work. As directed, you may finish the laying of pipeline and discharge the dredged sand between pier and Gandhi statue at the earliest for beach nourishment. (Annexure 1)

The 7th Respondent has been informed that as per the direction of the Government, the dredge area with regard to the above tender has been changed as per drawing enclosed. The modified area of dredging would be from west of the tunnel at the point of fishing harbour to the confluence of Uppar drain and Grand canal. Your consent to the above change may be communicated to the department so as to proceed with the issue of the work order. (Annexure 2)

It is respectfully submitted that since the Respondent has now reverted to the original work in conformity with the permission accorded by SEIAA in so far as the Beach Nourishment Plan is concerned, the grievance of the Applicant no longer subsists. Therefore, the application itself has become infructous, and can be dismissed as infructous. The new work to be allotted to the 7th respondent will be proceeded only after obtaining the necessary environmental clearances."

The learned counsel appearing for the 7th respondent would however submit that since the 7th respondent has been awarded work order, he has mobilised all the required infrastructure and the latest decision of the government will affect him. It is open to the 7th respondent and Government to work out their remedy in the manner known to law.

As per the contents of the affidavit extracted above, the relief sought for by the applicant has been complied with by the Government of Puducherry as admitted by the learned counsel appearing for the applicant also. In view of the paragraphs 6, 7 and 8 of the affidavit filed by the Director, Port Department, Government of Puducherry dated 23.03.2017, the application stands disposed. There shall be no order as to cost.