M.K. Dhandapani vs Government Of Tamil Nadu And Ors

The applicant herein, who is also the President of the Nandhivaram- Guduvanchery Panchayat Union (for short 'Panchayat Union') has filed this application on his own behalf in the interest and welfare of the residents within the Panchayat Union and surrounding areas, praying for passing an order against the respondent, his men, agents, subordinates and servants from in any manner constructing storm water drain within the Nandhivaram-Guduvanchery Panchayat Union limits, more particularly at Meenakshi Nagar at ward No. 13,14, and 18 of the said Panchayat Union or connecting the storm water drain to the Guduvanchery lake, directing the fifth respondent herein not to let the untreated sewage released from the hostels in the University along with untreated solid waste from the medical college into the proposed storm water drain, and for directing the respondent Nos. 1 to 5 from in any manner letting the storm water along with the untreated sewage released from the hostels in the 6th respondent University along with the untreated solid waste from the medical college into the Guduvanchery lake.

The brief facts of the case adduced from the averments contained in the application is that the said Panchayat Union is situate along Chennai-Tiruchy Highway No.45 and is one of the fast developing areas with a population of more than 40,000 people. Several apartment blocks are under construction in the area and a number of commercial establishments, educational institutions and industries are coming up in the locality.

The 3rd respondent is constructing a 975 m long storm water drain with a width of 3.1 m, from Potheri village. The proposed storm water drain passes through the campus of the SRM University and through private lands in Survey Numbers. 140/2, 140/1B, 150/1A, 1B2, 15/2, 1B, 17/1,2 3B and 4/1, within the 3rd respondent Municipality and proceeding along the National Highway No.45. Though the construction of storm water drain is for the outflow of excess water from Potheri lake, it is constructed only to facilitate the 5th respondent University to discharge its sewage and bio medical waste into it which will cause high degree of pollution in the locality.

While the matter stood thus, Samundeeswar Nagar Orunginaindha Kudieruppor Nalasangam filed a Writ Petition before the Hon'ble Madras High Court in W.P.No. 19439 of 2010 to direct the respondents therein to take appropriate action against the 5th respondent herein for unauthorizedly letting out wastewater and sewage into the residential colonies. Similarly, a Writ Petition in W.P.No. 22880 of 2010 was filed by the Sangam seeking to provide drainage facilities for the residential areas lying near the 3rd respondent University. Another Writ Petition in W.P.No. 24170 of 2010 was filed by one Shri Muthu for an identical relief. In all these writ petitions several orders were passed by the Hon'ble High Court of Madras and ultimately the third respondent Municipality herein agreed to construct a storm water drain provided the cost of land acquisition and the construction is borne by the University. Pursuant thereto, the 5th respondent herein deposited a sum of Rs. 4.42 crores before the Municipality for construction of storm water drain. In executing the said project, the 3rd respondent Municipality has now proposed to construct a storm water drain beyond the limits of the 3rd respondent Municipality which passes through the Panchayat Union and the excess water and sewage are is proposed to be let into the Guduvanchery lake which is the only source of drinking water for the residents of the Panchayat Union.

The 5th respondent University owns 63.8 ha of land in Pothery village near Kattankulathur forming part of Maraimalai Nagar Municipality. There are about 35,000 students, academic staff, administrative staff and other ministerial employees working in the University. The University runs a Medical College along with a hospital, a Nursing College, an Engineering College, Arts and Science College and other institutions, wherein more than 27,000 students are studying and the University has provided hostel facilities within the campus.

The University is situate in Pothery village and on the upper portion of the village there is a lake called Pothery lake. The University discharges its wastewater, sewage and biomedical waste into the open area causing high degree of pollution in the locality. During rainy season, the excess water from Pothery lake overflows through the University campus and floods the entire residential areas in and around the campus. The excess water runs through the University campus and goes out of the University along with the sewage from the University hostels and pollutes the entire area. Though notices were issued by the 3rd respondent to the University to stop discharge of waste material, no action was taken. The Maraimalai Nagar Municipality, on several occasions closed the discharge openings from the University campus, but the Municipality stealthily broke open the outlet to which the Municipality let the sewage and storm water into the residential areas. Though the proposed storm water drain was meant to channelize excess storm water, the University which is letting out the storm water and sewage into the open area will use the channel to drain them and it will be let into the Guduvancherry lake, which is the only source of water supply to the residents of the Panchayat Union.

The excess water drains during the rainy season through the University campus and floods the residential areas when there is heavy rainfall, but discharge of wastewater from the University will be there throughout the year and cause constant pollution in the entire area. When a batch of writ petitions was filed before the Hon'ble Madras High Court, there was no proposal submitted for letting the excess water into Guduvanchery lake. The applicant Panchayat Union was not a party to the writ petitions and what was submitted before the Hon'ble High Court was only a proposal for construction of storm water drain within the 3rd respondent Municipality along the National Highway where the surplus water overflowing from Potheri lake will be drained through the channel in the National Highway No. 45 by forming rain water channel from the limits of SRM University compound through private lands and there was no proposal to let the water into Guduvanchery lake. The SRM University is located in the northern side of the Potheri village close to Potheri lake and the excess water from Potheri lake flows down the University campus, untreated sewage released from the hostels in the University along with the untreated solid waste from the medical college mixes with excess rain water and flows into the adjacent villages. Taking advantage of the construction of storm water drain, the University will let the untreated sewage from the University into the storm water drain. The 3rd respondent Municipality in collusion with the University has now proposed to connect the water flowing from the University into the storm water drain to be ultimately let into Guduvanchery lake. If the sewage from the University campus and biomedical waste generated from the hospital are let into Guduvanchery lake, the entire lake will be polluted and ultimately affect the quality of drinking water supplied to the residents of the Panchayat Union. The Guduvanchery lake is the only source of water supply to the people and it is the source of groundwater in the Panchayat Union. The University generates more than 10,000 KLD of wastewater and it has established a Sewage Treatment Plant (STP) for the college. In so far as the hostels are concerned, the sewage and other wastewater have no treatment plant and are let into the open area adjoining the campus where the proposed storm water drain is to be constructed. None of the respondents has approached the Panchayat Union seeking permission for construction of the storm water drain within the limits of the Panchayat Union and on being informed of the construction of the storm water drain by the 3rd respondent Municipality for letting the water along with the sewage and storm water from the University into the Guduvanchery lake, the applicant Panchayat Union passed a resolution requesting the respondents not to connect the drainage channel with the Guduvanchery lake.

There was no public enquiry nor was any permission sought from the Panchayat Union before executing the scheme. Though there are vast vacant lands within the 3rd respondent Municipality, the extension of the storm water drain is done to let the excess rain water along with sewage from the SRM University into Guduvanchery lake, which will not only pollute the lake and the locality but also cause health hazards to the residents of the Panchayat. The respondents have neither replied nor took action on the numerous representations sent by the applicant herein and the members of the Panchayat and the applicant is left with no other alternative except to approach this Tribunal for appropriate relief by way of filing this application.

The 1st and 2nd respondents filed a memo adopting the reply filed by the 3rd and 4th respondents.

The 3rd respondent, namely, the Maraimalai Nagar Municipality would state in the reply affidavit that the issue of construction of the channel to drain the storm water was already decided by the Hon'ble High Court in the writ petitions as well as the review petition and contempt petitions. The present Application is highly belated and is filed at the time when the construction of the Channel is at the last stage where only 15 meters of the channel is to be completed. As per the topography, the water that is collected in the Potheri east and west lakes overflows during rainy season and flows across several localities of the Maraimalai Nagar Municipality, the main areas being Samundeeswari Nagar, Shanmugapriya Nagar, Adhi Parasakthi Nagar, Narasimha Nagar and Alli Nagar areas under the Maraimalai Nagar Municipality. The natural water courses leading from the Potheri lakes towards the north have become defunct after the development of the agricultural lands into house sites and the various developments that have taken place. Now after the development, the various residential and institutional localities are facing flooding during the monsoon. Due to frequent flooding, the Samundeeswari Nagar Residents Welfare association filed a W.P. No 19439 of 2010 to take steps to prevent the 5th respondent University from letting out the wastewater. Also, two more writ petitions were filed in W.P. Nos. 22880 of 2010 and 24170 of 2010 for the reliefs as set out therein. In all these cases, the grievance was that the rain water was not being drained out properly and this respondent and the SRM University were cited as the entities responsible for the said difficulties faced by the residents of the various localities. Ultimately, it was ordered by the Hon'ble High Court that the University should deposit the funds necessary for the construction of the storm water drain to convey the excess rain water and ensure that the same flows in its natural waterways. Accordingly, a sum of Rs 4.47 crores was deposited by the 5th respondent herein and the work of construction of the storm water drain was started and it is now at the stage of completion and last 15 meters remain.

As per the topographical requirements, the storm water drain is constructed and linked with the culverts crossing the National Highway No. 45 at various points and joins the available natural channels that were previously carrying the storm water. As per the topography, the excess water from the Potheri East and West lakes used to drain into various channels and reach the Guduvancherry lake. The excess from the Guduvancherry lake flows across the field channels and ultimately drains into the Adyar River.

At present, the excess flow from the Potheri lakes is blocked due to various developments including the constructions of residences and the buildings of the 5th respondent University. It was for this purpose that the Hon'ble High Court found it fit to direct the construction of a proper channel to drain the excess water across the premises of the 5th respondent University at its expense. The 5th respondent University is not permitted to discharge its storm water and sewage into the above said channel. The constructed channel is solely for the purpose of flushing the excess water during the monsoon season that flows out of the Potheri lakes and to ensure that the same reaches the natural waterways. The 5th respondent University has its own STP and it is treating the sewage generated by the users in the University. The 5th respondent University in turn is using the treated water for watering the gardens maintained by it. Hence, neither the treated water nor the sewage is being let out by the University.

It is submitted that the University was issued with a notice under sections 35 and 36 of the Tamil Nadu Public Health Act, in Na.Ka. No 16/2010/A3 dated 23-9-2013 to ensure Zero Liquid Discharge of the treated effluents and the 5th respondent University has replied on 28-9-2013 stating that it has installed the STP and that the treated water is being entirely used for gardening and irrigation purposes within its premises and it is not letting out any water into the storm water drains. The Water requirements for the University are met with by drawing water from the bore wells and an open well within the university premises. The overflow across the University lands from the adjoining Potheri lakes is being channelized into the storm water drains which in turn reaches the culvert across N.H. 45 through various channels and then joins its natural waterways.

The construction of the channel is to ensure the natural flow of water along its original topography and thus it will prevent the flooding of the areas surrounding the Potheri lakes and also convey the excess water to its original watercourses. Further, such restoration will also benefit the Guduvanchery lake as it will receive the inflows that have been blocked up during the past 20 years or more. The Guduvanchery lake, at present is storing only minimum level of water which is also highly polluted and not fit for consumption. If the channel work is completed, it will benefit the users of the said lake as it will receive the excess fresh water during rainy seasons. The project that has been taken up as per the directions of the Hon'ble Division Bench of the Madras High Court and the project has been completed in all respects, except for a small portion of 15 meters at its tail end where it connects with the culvert across NH 45, from where it will flow across the old channels to the Guduvanchery lake. At present, there is no flow in the channels that have been completed and the same would show that the channels do not carry any sewage that is discharged on a daily basis from the users. The entire channel is meant only to carry the excess flow of storm water during the monsoon season and to prevent the flooding of the residential areas surrounding the Potheri East and West lakes. Previously, with various developments in and around the said lakes including the SRM University, the excess water used to flood the low lying areas as it was not able to flow out through the originally intended channels that used to carry the excess water. Now, due to the construction of the channels at the expense of the University, the excess water will reach the Guduvanchery lake as per its original gradient and topography.

The averments of the Applicant that the only source of drinking water for the Panchayat Union is the Guduvanchery lake is totally false and misleading. The Guduvanchery locality is being supplied with drinking water by the Tamil Nadu Water Supply and Drainage Board (TWAD Board) at a rate of about 5 MLD from the water supply project under the Nandhivaram-Guduvanchery Palar River Water Scheme executed and maintained by the TWAD Board. As already stated, the water in the Guduvanchery lake is thoroughly un-potable as it is highly polluted. The construction of the storm water drain is a remedial measure that is being carried out in respect of the excess water flow and the issue before the Hon'ble Division Bench of the Madras High Court was with regard to the blocking up of the excess flow of water that could not find its way to its original water course and thus flooding the areas in upstream of the lake and its surroundings. If the obstruction to the excess flow is removed and the water is channelized in a proper manner, the free flow of water will be ensured and it will reach its natural course and benefit the local areas surrounding the natural water courses. Under the Public Health Act as referred above, the 5th respondent has also submitted that it is not discharging the any water from its premises into the newly constructed channel passing through its lands. Thus, the safety of the natural water courses is being ensured. It was never the intention of this respondent to aid the 5th respondent University to drain its sewage. On the other hand, it was only meant to relieve the areas surrounding the Potheri East and West lakes from flooding during the monsoon season.

The applicant had not ascertained the full facts regarding the scheme. The entire case of the Applicant is based on the presumption that the University will let in the sewage and storm water. Such an apprehension is unfounded and totally lacks bona fide. There is no construction that is being done for the storm water drain in the limits of the Nandhivaram Guduvanchery Panchayat. The channel that carries the excess flow from the East and West Potheri lakes is already in existence and only the areas which have been blocked in the Maraimalai Nagar Municipal limits are being provided with the channel that is being newly constructed. Moreover, the outflow from the East Potheri remained unaffected even during the recent past. Only to facilitate the outflow from the West Potheri lake as was available previously it is being restored by the construction of the proper channel. Therefore, there is no new construction or development of the channel as apprehended and alleged by the Applicant. The State Government has also accorded approval for the construction of the channel and the 15.21 cents of private lands were also acquired for this purpose for Rs. 68.44 lakhs with the sanction of the Governments for aligning the course of the channel. Hence, the 3rd respondent/Maraimalai Nagar Municipality seeks to dismiss the application.

The 4th respondent, Tamil Nadu Pollution Control Board (Board) would state in reply that pursuant the orders dated 10.09.2012 of the Hon'ble High Court of Madras in W.P. Nos. 19439 of 2010 of 2010, 22880 of 2010 and 24170 of 2010, Contempt Petition No. 1274 of 2010 and Review Petition No. 22 of 2011 in W.P.No. 22880 of 2010 directing to go ahead with the storm water drain project and to complete before the end of December, 2012, the storm water drain is being constructed by the 3rd respondent Municipality and a small portion at the tail end where it will be connected to National Highway 45 is pending. The 5th respondent University was inspected by the officials of the Board on 26.03.2014 and during inspection it was noticed that the storm water drain course within the campus was dry and no discharge of untreated/treated sewage in the said storm water drain was noticed. The University has provided STP to treat the sewage generated from the campus and the treated sewage is utilized for gardening and green belt development within the premises. It has also provided a lagoon with a capacity of 20,000 KLD to store the excess treated sewage and to utilize the same for gardening and green belt development. The University has many colleges within the campus with a combined strength of 26,600 students and a staff strength of 5,120.

The 5th respondent University has applied for necessary consent from the Board for SRM Medical College Hospital and Research Centre with 300 beds generating 180 KLD of sewage and 10 KLD of trade effluent and the consent was issued by the Board's proceedings dated 18.05.2009 valid until 31.03.2010. Renewal of the same was also ordered till 31.03.2014. The sewage and trade effluent generated are treated in the combined Effluent Treatment Plant (ETP) and the treated effluent is used for gardening and green belt development within the premises. The Dental College of the 5th respondent's SRM College of Science and Technology was issued with consent of the Board. The consent of the Board for the Dental College Hospital with a student strength of 400 generating 36.48 KLD of sewage and of 0.5 KLD of trade effluent in Board's Proceedings dated 27.12.2011 valid until 31.03.2012 and the same was renewed on 03.05.2013 valid upto 31.03.2014. The sewage and trade effluent are treated in the combined ETP and the treated effluent is used for gardening and green belt development within the premises. Further, the biomedical waste generated from the 5th respondent's SRM Medical College Hospital and Research Centre and University Dental College, SRM Institute of Science and Technology in the premises is segregated and collected in colour coded bins and disposed through Common Biomedical Waste Treatment and Disposal Facility operated and maintained by M/s. G.J. Multiclave India Private Ltd., located at Thenmelpakkam village of Chengalpattu taluk in Kanchipuram District. Authorization for handling the biomedical waste was also issued to the above healthcare facility by the Board under the provisions of Bio medical Waste Management Rules, 1998. The 5th respondent University has not applied for the consent of the Board for its entire activity.

The premises of Estancia consist of residential apartments and IT park building. The residential complex of M/s. Arun Excello Infrastructures Pvt. Ltd. has applied for and obtained consent of the Board for the residential complex and to discharge 211 KLD sewage and renewal was accorded in the Board's proceedings dated 10.04.2013 valid upto 31.03.2014. The sewage generated is treated in the STP provided. The Estancia IT Park has the consent of the Board to discharge100 KLD sewage as per proceedings dated 09.06.2010 and this unit has also provided STP. When the residential complex and the IT Park buildings were inspected by the officials of the Board on 22.04.2014 the STP was found in operation and the treated sewage was being used for gardening and green belt development. The IT park building was not occupied and renovation work in all the 12 floors was in progress. Hence, the 4th respondent Board seeks to pass appropriate orders.

The 5th respondent, namely, the SRM University would state in the reply affidavit that this Application has been filed as an offshoot of the earlier proceedings of the Hon'ble High Court of Madras in W.P.Nos. 19439, 22880, and 24170 of 2010 with an allegation that it is letting sewage and wastewater of the University campus into the storm water drain. There is no letting of any wastewater into the storm water drain by the University and it is the specific case of the University in the aforesaid writ petitions before the Hon'ble High Court of Madras that the University had already setup, installed and operating 8 STPs each of which has the capacity to treat 5 lakh litre of sewage distributed over three places within the University campus and the treated sewage is recycled as per standards and used for gardening purposes within the campus itself. M/s. C.J. Multiclave India Pvt. Ltd., an agency nominated by the Board has been given the contract and responsibility for disposal of all the hospital and biomedical waste and the workers from the agency are visiting the hospital daily, removing biomedical waste and dispose them. The University campus is located in about 150 acres of land situate on the northern side of the Potheri village. The surplus side of the Potheri lake, the terrain and topography of the ground in the region is such that all the storm water, untreated sewage from the whole of Potheri village and seepage water from the lake runs through the campus and then on through the several newly developed nagars in the north of the University in low lying areas and cross the NH 45 near Guduvanchery and Vandalur areas and eventually joins the Adyar river. In olden days, there was a natural course mostly among the paddy fields for rain water to flow along the above course. This is recognized by the SRM University which has improved and is maintaining this channel within the campus limits, but downstream of SRM campus is almost blocked by indiscriminate construction of houses with low basement level in the new nagars developed out of mostly agricultural fields. There are no public drainage and sewage treatment facilities except septic tanks in the individual houses and the overflow from these septic tanks spread out in the open ground. This has also caused stagnation of water around the various nagars from which complaints have been raised. The seepage of water from the lake and the drainage water mixed with the entire untreated sewage from Potheri village, part of the Maraimalai Nagar Municipality are being let out by the said Municipality into this course which runs across SRM campus and gets stagnated at the boundary and beyond SRM campus. This is mistakenly understood by the public that it is the SRM University which is letting out this untreated sewage. Not a drop of sewage generated within SRM campus is let out into the above said channel or otherwise. The case of the SRM University has been set out in extenso in the counter affidavit filed before the Hon'ble High Court, Madras in W.P.No. 13949 of 2010. The University has also recently installed two more treatment plants which are getting ready for operation. Many writ petitions have been filed before the Hon''ble High Court of Madras and several orders have been passed thereon. Even though it was the case of the University that they were not responsible for any sewage or medical or other waste being let into or thrown into the channel running through the University campus from Potheri lake, a suggestion was made by the Division Bench of the Hon'ble Madras High Court that in as much as Maraimalai Nagar Municipality is complaining of dearth of funds, for the reasons of environmental safeguards and the health of 35,000 students, the University could provide some funds towards the cost of the land. The University was ordered to pay the cost of the project and a sum of Rs. 4.47 crores was paid by the SRM University which fact has been recorded by the Hon'ble High Court, Madras and was directed to expedite the work. Now that the issue is covered by the orders of the Hon'ble High Court of Madras, a detailed plan of action etc., were produced and specific directions have been given to implement the said plan of action, should the applicant require any modification of the said plan, he is certainly free to approach the Municipality and the Government for appropriate relief. Instead, the applicant wants to continue to hurl false abuses and allegations against the University. The applicant expects that the University would be susceptible to such threats and abuse to part with some more money. It is the duty of the local body concerned to provide the intended facilities to alleviate the sufferance of the people. The course adopted by the applicant to extort more money from the University with allegations on it should not be countenanced. Just because the channel runs across the University, one cannot allege that the University is letting sewage and other wastewater into it, that too when the University has a complete and compact system for the management and disposal of sewage and medical wastes. If the people in and around the said Municipality suffer, it is the duty of the Municipality to take necessary steps in this behalf and not start accusing the University and force the University to shell out some more money instead of making their case before the Government. With regard to the other allegation that the sewage is coming in the storm water drainage across the University campus and pollutes the Guduvanchery lake which is the only water source available for the people of Guduvanchery is a false statement as is evident in paragraph 12 of the reply affidavit filed by the 3rd respondent Municipality

The 5th respondent University is not standing in the way of any measures that the applicant may require from the respective authorities, but the SRM University has been unnecessarily impleaded with an improper motive and making false allegations. The 3rd respondent Municipality has stated in the reply affidavit that at present there is no flow in the channel and it does not carry any sewage and the 5th respondent University is not discharging any wastewater from its premises into the newly constructed channel passing through its lands. It was never the intention of the 5th respondent University to drain its sewage here and on the other hand, it was stated that they are only meant to relieve the areas surrounding the Potheri East and West lakes from flooding the neighborhood during monsoon season. It is the University which suffers because of the storm water drain passing through its campus in which untreated sewager from Potheri village is also let in and it is the University which is most affected. The applicant is totally misconceived and the case has been filed to harm the University and there are no merits in the said application. Hence, the 5th respondent University seeks to dismiss the Application.

As seen above, the applicant/President of the Nandhivaram-Guduvanchery Panchayat Union has sought for an order furthering the respondents from constructing a storm water drain within the limits of Nandhivaram- Guduvanchery Panchayat Union limits and also to prevent the respondents from connecting the storm water drain to Guduvanchery lake which according to the applicant is the only source of water for that area. Apart from that, the applicant has also sought for directions to the 5th respondent/SRM University not to let the untreated sewage from the hostels along with the untreated solid waste from the Medical College into the storm water drain and also to restrain all the respondents from letting the storm water along with the untreated sewage into the Guduvanchery lake.

The respondents have categorically denied the case of the applicant apart from putting forth their defence that they had not caused any pollution in the past nor the storm water drain under construction would cause any pollution to the water body as alleged by the applicant.

On the above pleadings, the following questions were formulated for decision:

Whether the applicant is entitled for the relief of injunction restraining the respondents in any manner from constructing the storm water drain in Nandhivaram-Guduvanchery Panchayat Union limits.

Whether a direction to the 5th respondent/SRM University has to be issued not to let in the untreated sewage along with the biomedical and other solid waste from the hostel and the Medical College into the proposed to storm water drain.

Whether a direction has to be issued to the respondent Nos. 1 to 5 not to let the untreated sewage water and the biomedical wastes released from the hostel and the Medical College of the 5th respondent University along with the storm water into Guduvanchery lake.

Whether the applicant is entitled for any other relief.

In view of the controversy on the factual position between the parties and also to ascertain the correct situation, the Tribunal appointed Shrimathi Suvitha A.S. Advocate as Commissioner to make an inspection of the storm water drain and the areas in question and file a report. Accordingly, the Advocate Commissioner, after due notice to all the parties concerned, made an inspection of the storm water drain and the surrounding areas in question and filed a detailed report along with photographs. The parties were given opportunity to make their remarks, comments and objections thereon. The said Commissioner's report was found satisfactory and provided a good assistance to decide on this issue.

Advancing the arguments on behalf of the applicant, the learned counsel would submit that the 3rd respondent, Maraimalai Nagar Municipality is constructing a storm water drain beyond its jurisdictional limit within the Nandhivaram-Guduvanchery Panchayat limits without obtaining any permission from the panchayat. The starting point of the proposed storm water drain is where a storm water drain from the University campus opens outside. In effect, the proposed storm water drain is connected with the storm water drain within the University campus. The excess water from Potheri lake also flows through the storm water drain within the campus and gets mixed with the entire untreated sewage and other water from the hostels and flows outside the University campus through the outlet into the proposed storm water drainage. Thus, the untreated sewage is now sought to be channelized through the proposed storm water drain. If it is allowed to be let into Guduvanchery lake, it would pollute the lake and would affect the drinking water supply of the residents of the panchayat apart from polluting the ground water affecting agricultural operations. The proposed storm water drain has been planned in such a way to let in waste and sewage into Guduvanchery lake. The 5th respondent University has been letting its untreated sewage from the hostels and the biomedical wastes which would flow into storm water drain and this would ultimately pollute Guduvanchery lake. Before construction of the storm water drain, neither any public enquiry was conducted nor was any permission obtained from the Board. The storm water drain is being constructed over and above the pipe laid for flow of drinking water to the panchayat. In the event of damage being caused to the pipeline, it would pollute entire drinking water supply to the panchayat. The Guduvanchery lake is the only source of water supply for drinking and agricultural operations within the panchayat limits. The original proposal submitted before the Hon'ble High Court, Madras was only for construction of storm water drain within Maraimalai Nagar Municipality along National Highway (NH 45) where the surplus water overflowing from Potheri lake will be drained out through the channel in NH 45 by forming drain water channel from the limits of SRM University compound to private lands. There was no proposal to let the water into Guduvanchery lake. The panchayat was not a party to the writ petition. After the writ petition was disposed of, the 3rd respondent has unilaterally altered the construction of storm water drain to let the excess water mixed along with sewage and other wastewater from the University into Guduvanchery lake. There are substantial vacant lands with 3rd respondent Municipality and also water bodies where the storm water could be drained.

But, the 3rd respondent Municipality in order to safeguard its own water bodies, has modified the scheme which would ultimately pollute the Guduvanchery lake situate outside the municipal limits of the 3rd respondent, but within the Guduvanchery panchayat.

The 5th respondent SRM University runs more than 12 institutions within the University campus extending over 63 ha of land. Approximately 35,000 students apart from staff and other ministerial employees are working in the University. There are more than 2000 visitors to the University every day. The University has 16 hostels accommodating more than 26,000 students. Under such a situation, if the untreated sewage is released from the hostels along with the biomedical wastes from the Medical College, if allowed to mix with excess rainwater and flow into the proposed storm water drain, it would cause an unimaginable pollution to the Guduvanchery lake.

Pointing to the averments made by the 5th respondent University in its reply affidavit, the learned counsel would add that the 5th respondent has categorically admitted that all storm water, untreated sewage from the whole of Potheri village and seepage water from the lake runs through the campus and that in Potheri village there was no plan for sewage treatment water and thus the sewage is made to mix with the lake water and they run through the channel inside the University and the University is suffering because of the storm water drain passing through the University in which the untreated sewage from Potheri village was also let in. The above averments in the reply affidavit by the 5th respondent University would lend support to the case of the applicant. Equally, the 3rd respondent Municipality, in order to support the 5th respondent University has suppressed the actual fact. The reply filed by the by the 3rd respondent before the Tribunal is contrary to the reply filed before the Hon'ble High Court of Madras in the writ petition. Added further the counsel, that the learned Advocate Commissioner appointed by the Tribunal made a site inspection on 15.04.2014 and at the time of inspection, the University was closed for summer vacation and the hostels were not occupied by the students. The learned Advocate Commissioner did not inspect the various institutions and hostels and the manner in which the sewage and wastewater were being discharged, nor inspected the STPs put up by the University. The Advocate Commissioner had not visited the Medical College and hospital and hence could not note the manner in which the biomedical wastes are disposed of. The Advocate Commissioner's report was confined only to the construction of storm water drain and not adverted to all the allegations made against the University. The intention of the panchayat is only to safeguard the interest of the residents and to avoid pollution of Guduvanchery lake. The 5th respondent University which is running various institutions has the moral obligation to treat excess rain water getting mixed with the waste and sewage flowing in open area affecting the entire locality and polluting the area. The 5th respondent, in the guise of channelizing the excess water flowing across the University campus allowed the wastewater and sewage to get mixed and put up a picture, as if it is only the excess rainwater that was overflowing from Potheri lake and then flows outside the University campus into the proposed storm water drain and thus the defence putforth by the University is absolutely false. Hence, the application has to be allowed by granting the above reliefs.

In reply, the learned counsel appearing for the 3rd respondent Municipality, 4th respondent Board and Shri V.T. Gopalan, Senior Advocate appearing for the 5th respondent University would submit that all contentions putforth by the applicant are contrary to the actual factual position and thus the application itself was misconceived. In order to substantiate their contentions, the learned counsel for the 3rd respondent Municipality and the 5th respondent University took the Tribunal to the order of the Hon'ble High Court of Madras made in differed writ petitions and also the report of the learned Advocte Commissioner.

The Tribunal paid its anxious consideration on the submissions made and looked into all the materials available. The report filed by the learned Advocate Commissioner appointed by the Tribunal along with the photographs was also looked into.

Before adverting to consider the merits or otherwise of the rival contentions, it becomes necessary to take a note of the circumstances which led to the construction of storm water drain in question. The 3rd respondent Maraimalai Nagar Municipality consists of several localities including Samundeeswari Nagar, Shanmugapriya Nagar, Adhi Parasakthi Nagar, Narasimha Nagar and Alli Nagar. The natural water course leading from Potheri lake and other lakes situate on the west became defunct in view of conversion of agricultural lands into housing sites and other kinds of developmental activities like residential, commercial and institutional. The water that was collected in Potheri east and west lakes were overflowing during rainy season across the above localities. During monsoon, the said areas faced flooding and stagnation of water and the residents were put to hardship. In view of the same, the Samundeeswari Nagar Orunginaindha Kudiueruppor Nala Sangam filed a writ petition in W.P.No. 19439 of 2010 before the Hon'ble High Court of Madras alleging that a complaint was made to the District Collector, Kanchipuram on 20.07.2010 stating that over-flowing of surplus water during rainy season is crossing over the private lands through the SRM College and reaching the Adhiparasakthi Nagar and Samundeeswari Nagar and getting stagnated, thereby causing several health hazards and requested to drain out the water through the existing channel in the NH 45.

Pending the writ petition, the Hon'ble Division Bench of the Madras High Court issued direction to the Commissioner, Maraimalai Nagar Municipality whose is 3rd respondent herein, to approach the District Collector and appraise the situation for taking a decision in this regard.

On 28.10.2010, it was reported to the Hon'ble High Court that a communication of the District Collector, Kanchipuram was placed wherein six queries have been raised in respect of the proposal for construction of storm water drain and direction was issued to the 3rd respondent Municipality herein to rectify the defects before going into the issue and with further direction to the District Collector, Kanchipuram to take a decision as expeditiously as possible.

A direction was issued to the District Collector, Kanchipuram to consider the proposal and place a report before the Hon'ble High Court on 29.11.2010

The Hon'ble High Court has passed the following orders on 03.12.2010.

"As per the earlier directions of this Court dated 29.11.2010 to the second respondent, District Collector, Kanchipuram District, to consider the proposal submitted by the sixth respondent and send a report to this Court on 03.12.2010, today, a letter dated nil/12/2010 from the second respondent was produced in Court, wherein it was observed that with regard to the construction of rainwater drain, the report submitted by the Maraimalai Nagar Municipality along with the undertaking given by the sixth respondent to bear the expenses for land acquisition to provide drainage system were sent to the Government and they are awaiting orders from the Government. It is further stated that on receipt of necessary permission from the Government, the second respondent will take appropriate action.

Mr. V.T. Gopalan, learned Senior counsel appearing for the sixth respondent submits that with regard to the aforesaid issue, a conference is going to be held in the premises of SRM University and because of the interim order passed by this Court, there is a stagnation of water in the campus causing inconvenience to the situation from holding the conference.

If that is the case, we consider it appropriate to give a direction to the first respondent to take immediate decision in the matter. Accordingly, the first respondent, the Secretary, Tamil Nadu State Municipal Administration and Water Supply Department , Chennai is directed to take immediate decision with regard to the aforesaid issue on the basis of the report submitted by the third respondent Corporation and the undertaking given by the sixth respondent and communicate the same to all the parties to go on with the project as expeditiously as possible within a period of one week".

When the matter was taken up for consideration on 21.12.2010, it was reported by the counsel for the 5th respondent University that both the District Collector and the Director of Municipal Administration have initiated proceedings for acquisition of land as stated in the letter dated 14.12.2010 and the University was willing to pay the cost to the land fixed as compensation to the private land owners. The University was ready to deposit the same. The Hon'ble High Court, recording the submissions issued a direction to the District Collector and Director, Municipal Administration to take immediate steps for acquiring the said lands within 15 days.

When the said writ petitions were taken up on 14.01.2011, a letter was placed by the State addressed by the Executive Officer of Maraimalai Nagar Municipality wherein the Executive Officer has requested the SRM University to remit the sum of Rs. 4.42 crores towards the cost of construction of storm water drainage channel to enable the Municipality to take up the work. It was submitted by the counsel for the 5th respondent University that the said sum of Rs. 4.42 crores would be deposited on or before 10.01.2011 and also made a request that the construction of the channel might be completed in a period of 3 months. The Hon'ble High Court, Madras directed the 3rd respondent Municipality to take uip the work of construction of the channel on deposit of the amount and complete the construction work at war speed on or before 11th April, 2011.

On 29.04.2011, it was reported by the 5th respondent University herein that the demand draft for Rs. 4.42 crores was ready. Recording the same, the Hon'ble High Court, Madras issued direction to the 3rd respondent Municipality herein to take appropriate action on receipt of the deposit. When delay was noticed, the Hon'ble High Court, Madras made an order on 03.11.2011 which reads as follows:-

"4. When the matter came up today, the learned Standing Counsel appearing for the Maraimalai Nagar Municipality has filed an Action Taken Report by the Municipality from which it is seen that vide proceedings dated 20.05.2011, the Municipality has requested the Commissioner of Municipal Administration to permit the Municipal Commissioner to acquire the land by private negotiations.

Thereafter, by letter dated 23.06.2011, the Commissioner of Municipal Administration was again requested to permit the Municipality to acquire the land. Subsequently, the matter was referred to the Commissioner for Land Administration by letter dated 10.08.2011. It is further seen that the Municipality once again has reminded the Commissioner for Municipal Administration to accord Administrative Sanction for the purchase of land. The Municipality, by letter dated 18.07.2011 has also requested the District Collector, Kanchipuram to acquire the land, who, by letter dated 23.07.2011, referred the matter to the Tahsildar, Chengalpattu to submit suitable proposal for the land acquisition. It seems, meanwhile, the Commissioner of Municipal Administration has accorded administrative sanction for the construction of storm water drain on 08.08.2011. Thereafter, the Commissioner, Municipal Administration was requested by the Municipality to direct the District Collector to expedite the land acquisition by letter dated 18.08.2011.

From the aforesaid report, it is seen that in one way or the other, the acquisition of the land and construction of storm water drain is getting delayed, even though a sum of Rs. 4.42 crores had been deposited by the University with the Municipality before six months.

In these circumstances, in the interest of general public and for the earlier execution of aforesaid project, we consider it appropriate to direct (1) the Secretary, Tamil Nadu State Municipal Administration and Water Supply Department, (2) the District Collector, Kanchipuram and (3) the Commissioner of Municipal Administration to consider the request made by the Maraimalai Nagar Municipality for the land acquisition and construction of storm water drain and pass appropriate orders within a period of twelve weeks from today".

As alleged by the counsel for the 5th respondent University noticing that the project of construction of storm water drain was pending for nearly 13 months, the Hon'ble High Court, Madras issued a direction to the respondents to pass appropriate orders within three weeks.

By an order dated 28.11.2011, the Hon'ble High Court, Madras directed the District Level Negotiation Committee to complete the land acquisition proceedings within a period of six weeks.

Since it was submitted that the District Level Negotiation Committee was not competent to pass an award/order fixing an amount more than Rs. 1 crore for acquisition of the land in question, the Hon'ble High Court, Madras issued direction on 09.0.2012 to the State Level Negotiation Committee to consider the matter and pass appropriate orders within a period of two months.

On 10.07.2012, the Hon'ble High Court, Madras issued direction to the Secretary, Municipal Administration and Water Supply Department to file an affidavit informing the stage of the proposal submitted in the matter and pending consideration with them on the subject matter by 17.07.2012.

By an order dated 24.07.2012, the Hon'ble High Court, Madras has pointed out that in view of the rainy season, the construction of storm water drain was very much needed in the interest of public and directed the authorities to consider the application and grant permission as contemplated in Section 38 of the National Highways Act within a period of one week and thereafter the respondents were to take immediate steps to go on with the project.

In the said writ proceedings, the Hon'ble High Court, Madras, while issuing a direction on 13.08.2012, has recorded as follows:-

"7. Accordingly, the District Collector, Kanchipuram District is directed to arrange for a meeting consisting of an officer in the cadre of Chief General Manager from the National Highways Authority of India, an officer in the level of Secretary from the State Highways Department, an officer in the level of Secretary from the Municipal Administration and Water Supply Department, the Municipal Engineer of the third respondent Municipality and a representative of SRM University for construction of the storm water drain water, on a date fixed by him. The District Collector, Kanchipuram District shall submit a report before this Court with regard to implementation of the aforesaid project on or before 10.09.2012".

Finally the above writ petition was disposed on 10.09.2012 with the following direction:

"6. In view of the above, we consider it appropriate to dispose of these writ petitions with a direction to the authorities concerned to go on with the storm water drainage project and to complete the same on or before the end of December, 2012 in public interest. Writ Petition Nos. 19439, 22880 and 24170 of 2010 are disposed of accordingly. Having record to the disposal of the said writ petitions, Contempt Petition No. 1274 of 2010 and Review Application No. 22 of 2011 in W.P.No. 22880 of 2010 are closed. ..".

From all the above, it would be clear that there existed a need for the construction of a storm water drain in the larger interest of the public in different areas under the 3rd respondent Municipality who joined together to file the above writ petitions before the Hon'ble High Court, Madras. In those writ petitions, it was complained that the 5th respondent University was responsible for unauthorized letting of waste and sewage including the biomedical waste into those areas and the 5th respondent University should be directed to take necessary action in that regard. Perusal of the writ petitions and orders made thereon would indicate that in appraisement of the existing circumstances, a proposal was placed by the 3rd respondent Municipality for construction of a storm water drain. The district administration and the State have accorded necessary sanction therefor. When placed before the Hon'ble High Court, Madras, the same has also been accepted.

It is pertinent to point out that in view of the complaint made against the 5th respondent University, the University came forward to pay the cost of Rs. 4.42 crores being the land cost and construction as stated by the 3rd respondent Municipality. Accordingly, the said sum of Rs. 4.42 crores was received by the 3rd respondent Municipality through a demand draft and the construction works were begun. Pursuant to a direction of the Hon'ble High Court, Madras, a joint meeting consisting of officers from the departments of National Highways, State Highways, Municipal Administration and Water Supply and a representative of the SRM University headed by the District Collector, Kanchipuram was conducted and the District Collector, Kanchipuram submitted a report before the Hon'ble High Court, Madras with regard to the construction of storm water drain project. Being satisfied with the same, the Hon'ble High Court issued direction for expediting the project. All the above make it clear that the project of storm water drain was not taken by the 3rd respondent Municipality either on its own accord or as desired by the 5th respondent University. On the contrary, the proposal made by the 3rd respondent Municipality was approved by all high officials and was also accepted by the Hon'ble High Court before a direction was issued for the construction of the same. At this juncture, it is pertinent to point out that the entire project cost of Rs. 4.42 crores was borne by the 5th respondent University. The applicant has approached this Tribunal and obtained stay of further construction of the said project. From the materials made available, it is made clear that stay of further construction was obtained by the applicant when the project was nearing completion and only 20 to 30 meters were left to be constructed for completion.

It cannot be disputed that the very purpose of construction of storm water drainage channel is with a view to drain the storm water from the locality that are adjoining the Potheri east and west lakes. The locality surrounding the lakes were agricultural fields depending on the distribution of water from the two lakes for agricultural operations and this could have been done only by surface channels. It is submitted that the flood flow from the said lakes in turn fed by the various field channels was taken to Guduvanchery lake and after filling the same, it would flow into Adyar River. In view of the developments, the agricultural lands and the channels have disappeared. As a consequence, the water accumulation during rainy seasons inundated various housing colonies which necessitated them to file the writ petitions before the Hon'ble High Court, Madras. Equally, the storm water also accumulated over the areas now being occupied by the 5th respondent University. While taking into consideration of the attendant circumstances, the storm water drain, a proposal by the 3rd respondent Municipality was accorded sanction by the State and the same has also stood the scrutiny of the Hon'ble High Court, Madras as evident from the writ proceedings. It is pertinent to point out that the 5th respondent University has remitted the cost of construction of storm water drain not only in view of complaints made against the University, but also in view of its interest to drain the storm water getting accumulated over the area inside the campus. Hence, the request of the applicant to grant an injunction to restrain the construction of storm water drain has to be necessarily denied, since if granted, it would be against the public interest.

The next contention putforth by the applicant is that the 3rd respondent Municipality is constructing the storm water drain beyond its jurisdiction, but within the Nadhivaram-Guduvanchery Panchayat limits is well answered by the respondents that no construction is being done for storm water drain in the limits of Nandhivaram-Guduvanchery panchayat limits. Pointing to the learned Advocate Commissioner's report, the respondents are able to show that the channels that are carrying the excess flow from the Potheri east and west lakes is already available and only those areas which were blocked in Maraimalai Nagar Municipal limits are being provided with the channel, which is newly constructed.

At the time of inspection, the learned Advocate Commissioner has made the following observations and pointed out in the report which read as follows:

"The proposed discharge point of the MSWD (Municipality Storm Water Drainage Project) is the existing culvert built by the National Highways Authority at the GST road-Vellancherry Main Road intersection, lying on the east of the GST road and to the south of the Vallancherry Main Road. At this point, the said culvert will take the water flowing (South to North) in the MSWD, from the eastern side to western side of the GST road, where it will drain into the existing channel which leads ultimately to the Guduvancherry lake.

Towards the north of the discharge point of the MSWD, there exists another culvert built by the National Highways Authority at the GST road-Vallancherry Main Road intersection, lying on the east of the GST road and to the north of the Vallancherry Main Road into which drainage flowing from the north to south from Guduvancherry Town Panchayat drains and this culvert takes the drainage water east to west across the GST road where it drains into the existing channel which leads ultimately to the Guduvancherry lake.

Towards the north of the discharge point of MSWD, there exists a drainage running north to south on the western side of the GST road, which drains into a third culvert into which drainage flowing from north to south from Guduvancherry Town Panchayat drains, and this culvert takes the drainage water north to south across a road there, where it joins the other two culverts and drains into the existing channel which leads ultimately to the Guduvancherry lake".

Thus, it would be clear that that no part of the storm water drain is constructed in the limits of the Nandhivaram-Guduvanchery panchayat. The storm water drain which is under construction would discharge the storm water upto the GST road wherefrom the water is drained with the already existing canal which leads ultimately to the Guduvancherry lake. Hence, the contention putforth that the storm water drain is constructed encroaching into the limits of Guduvancherry Panchayat has to be rejected as baseless.

It is specifically pleaded by the applicant that the proposed storm water drain has been planned in such a way to let in untreated sewage from the hostels of the University and also biomedical wastes from the Medical College of the 5th respondent would flow into the storm water drain and ultimately pollute the Guduvancherry lake. The applicant is unable to produce any evidence to prove his case. On the contrary, all the existing materials made available before the Tribunal would indicate that the case of the applicant is imaginary. The specific defence of the 5th respondent University is that the University was never letting any wastewater into the storm water drain since it has installed 8 STPs each having a capacity of treating 5 lakh litres of sewage, distributed over 3 places within its campus and the sewage is recycled as per the standards and used for different purposes within the campus itself. In so far as the disposal of all the hospital and biomedical wastes is concerned, a contract has been entered into with a private agency which was nominated by the Board and the disposal of the hospital and biomedical wastes was being done by that agency. The above fact is well admitted both by the 3rd respondent Municipality and the Board. It could also be seen from the Advocate Commissioner's report that the 5th respondent University has constructed an internal storm water drain and its terminal points running north to south adjacent to the western compound wall and the opening of the south wall appears to be outlet for the said storm water drain. The Advocate Commissioner has also noticed separate sewage pipes running adjacent to the said storm water drain south to north leading to a STP installed there. It is significant to note that the Advocate Commissioner has also pointed out that there is no provision for discharge of any wastewater or biomedical waste is made from the said STP into the internal storm water drain.

According to the Advocate Commissioner's report, the present storm water drain is a completely closed drainage system from starting point to the point where presently construction is stopped with man-holes at periodic intervals. The inlets for this drainage system are found at the starting point and at the point where it joins with the GST Road.

All the above would clearly indicate that the 5th respondent University has a separate internal storm water drain inside its campus and the present storm water drainage is a completely closed drainage system from the starting point to the end. Though separate sewage pipes were seen running adjacent to the internal storm water drain, neither there was any discharge nor any provision for discharge of any wastewater. Hence, the case of the applicant that the proposed storm water drain is constructed in such a way to let the waste and sewage water of the University into Guduvancherry lake is not only unfounded, but also a deliberate and false assertion though the applicant is aware of the above situation.

According to the applicant who is also the President of a Nandhivaram-Guduvanchery Panchayat Union, this application is filed before the Tribunal on his behalf and in the interest and welfare of the residents within Nadhivaram-Guduvanchery Panchayat Union and surrounding areas. It is his case that the Guduvanchery lake is the only source of drinking water for the area. Contrarily, it is contended by the 3rd respondent Municipality that the Guduvanchery area is supplied with drinking water by the Tamil Nadu Water Supply and Drainage Board (TWAD) at about 5 MLD from the water supply project called Nandhivaram- Guduvanchery Palar River Water Scheme maintained by TWAD. If so, the case of the applicant cannot but be misleading.

Thus, the applicant, who is the President of the Nandhivaram-Guduvanchery Panchayat Union has not ascertained the factual position and has filed this Application on the presumption and has stalled the storm water drainage project at a stage when it was nearing completion. Thus, a Panchayat President who is expected to act in the interest of public has acted contrarily which is reprehensible. It has to be pointed out that the Hon'ble High Court of Madras issued necessary directions to quicken the process of construction since delay was noticed at that point itself. While the construction of the storm water drain was nearing completion, the applicant who is the President of the Nandhivaram-Guduvanchery Panchayat Union has filed this application and has caused delay by obtaining stay of further construction. Thus, the applicant has caused unnecessary delay by his irresponsible conduct, which should have been avoided. The storm water drain was intended to drain the excess rain water inundated during rainy season. Since the rainy season for this year is approaching fast, it becomes necessary to issue a direction to the authorities concerned, in particular 3rd respondent Municipality to complete the construction of the storm water drain as early as possible. The application is devoid of merits.

Hence, the application is dismissed. No cost.