IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 7628 of 2010(C) ------------------------- PETITIONER(S): --------------- 1. RAJAGOPAL N.S., AGED 56 YEARS, (21ST IMPLEDED CLAIMANT) S/O.IST CLAIMANT LATE A.C.SUKUMARA MENON AND MYTHILY AMMA, 25TH CLAIMANT) CHELUR HOUSE, CHOWARA, ALUVA - 682 101. 2. JAGADEESH (22ND CLAIMANT) AGED 48 YEARS, S/O.IST CLAIMANT LATE A.C.SUKUMARA MENON AND MYTHILY AMMA, 25TH CLAIMANT) 752 A, ANNA NAGAR EAST, CHENNAI - 600102. 3. ASHA M.MENON (23RD IMPLEDED CLAIMANT OF LATE N.S.MAHESAN, S/O.IST CLAIMANT A.C.SUKUMARA MENON) 1 B, ASHA NAGAR COLONY, BORIVELY, MUMBAI - 66. 4. MANISH M.MENON, S/O.LATE N.S.MAHESAN, WHO WAS LEGAL HEIR OF IST DECEASED CLAIMANT A.C.SUKUMARA MENON (24TH IMPLEDED CLAIMANT) 1 B, ASHA NAGAR COLONY, MUMBAI - 66. 5. MINI VARGHESE, AGED 57 YEARS, (26TH CLAIMANT), W/O.LATE GEORGE VARGHESE (3RD CLAIMANT) CHERIYA VALIYAPARAMBIL HOUSE, PYNADATH, MEKKADU KARA, ANGAMALY, ERNAKULAM DISTRICT. 6. CHINTU GEORGE VARGHESE AGED 30 YEARS, (27TH CLAIMANT) S/O.LATE GEORGE VARGHESE (3RD CLAIMANT) CHERIYA VALIYAPARAMBIL HOUSE, PYNADATH, MEKKADU KARA, ANGAMALY, ERNAKULAM DISTRICT. 7. MITHUN PAUL VARGHESE AGED 28 YEARS, (28TH CLAIMANT) S/O.LATE GEORGE VARGHESE (3RD CLAIMANT) CHERIYA VALIYAPARAMBIL HOUSE, PYNADATH, MEKKADU KARA, ANGAMALY, ERNAKULAM DISTRICT. 8. ASWATHY SOSA VARGHESE, AGED 20 YEARS, (29TH CLAIMANT) S/O.LATE GEORGE VARGHESE (3RD CLAIMANT) CHERIYA VALIYAPARAMBIL HOUSE PYNADATH, MEKKADU KARA, ANGAMALY, ERNAKULAM DISTRICT. 9. GEORGE PHILIP, S/O.GEORGE (4TH CLAIMANT) AGED 56 YEARS, CHERIYA VALIYAPARAMBIL HOUSE PYNADATH, MEKKADU KARA, ANGAMALY, ERNAKULAM DISTRICT. 10. PAUL JOHN, S/O.PAUL J MINCHIRAPPADAN PAIS COTTAGE, CHAVARA CENTRE ROAD, ERNAKULAM - 16. 11. SANTHA RAJ, PAIS COTTAGE, CHAVARA CENTRE ROAD, ERNAKULAM 12. BALACHANDRAN NARAYAN AGED 58 YEARS, S/O.NARAYAN, B 1/304, BEE JUMBO DARSAN, ANDHERI EAST, MUMBAI. 13. GEETHA, D/O.SUSEELAMMA, KUMARAPURAM, RAVIPURAM ROAD, KOCHI - 16. 14. SUNITHA, D/O.SUSEELAMMA, KUMARAPURAM, RAVIPURAM ROAD, KOCHI - 16. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.N.M.JAMES SMT.C.G.PREETHA RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION OFFICE, FORT KOCHI. 2. THE EXECUTIVE ENGINEER, PH CONSTRUCTION DIVISION NO.1, COCHIN - 25. 3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, ERNAKULAM. 4. TALUK SURVEYOR, LAND ACQUISITION, TALUK OFFICE, KANAYANNUR TALUK, ERNAKULAM. 5. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 6. THE SECRETARY, BOARD OF REVENUE, TRIVANDRUM. 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY KERALA WATER AUTHORITY DEPARTMENT, TRIVANDRUM. ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI FOR R5 SRI.M.DINESH, SC, KWA FOR R3 & R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ WPC.No. 7628 OF 2010 ------------------------ Dated this the 17th day of February, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 226 is filed by certain persons whose lands were acquired by the Government at the behest of the Kerala Water Authority for implementation of a sewerage project (Treatment Plant Elamkulam, Cochin Corporation). The premise on which the writ petition filed is that the project has been abandoned by the requisitioning authority. The prayers in the writ petition are the following; i). To restrain the second respondent (The Executive Engineer, PH Construction Division No.1, Cochin 25) from effecting any construction work or modification in the land acquired, till this writ petition is disposed of. ii). To direct the second respondent to file a report as to the steps taken so far for implementing the proposed project in the acquired land. 2. No counter affidavit is yet to be filed by the Water Authority. Sri.M.Dinesh, learned Standing Counsel for the Water WPC.No.7628/2010 2 Authority submitted that this project has never been given up and is going to be implemented fully. The Standing Counsel placed before us a copy of the written instructions. It is stated therein as follows; “Kerala Water Authority is a Public Sector undertaking under Government of Kerala which is meant for the Planning, Execution, Operation and Maintenance of Water Supply and Sewerage schemes in Kerala State. But later as per the 12th schedule of 74th constitutional amendments act, the responsibility of infrastructure creation,operation and service delivery is vested with the Local Self Government. State of Kerala is seriously implementing the decentralization as envisaged in the 74th Constitutional amendment. Recently, most of the assistance, in connection with water supply and sewerage sector, provided by the Central Government is being implemented by the Local Self government Institutions. Corporation of Cochin is an agency to whom the Government of India has given funds towards the cost of WS Scheme/Sewerage Scheme to Cochin city under JNNUJRM Project. At present, the KWA is only an implementing agency of WPC.No.7628/2010 3 works in connection with above mentioned project. Meanwhile, during the onset of JNNURM Project the preparation of detailed project report for WS/Sewerage scheme to Cochin city has been entrusted to the Kerala Water Authority. As per City Development plan, sewer net work will be provided for 100% area of Cochin Corporation, Kalamassery Municipality, Thrippunithura Municipality an Thrikkakara Panchayat in the 1st phase. The city being a water logged area with its flat terrain, a decentralized collection and treatment system has been proposed in the City Development plan as follows; 1. North Zone ; Northern part of Ernakulam town, Edappally and Vennala(Part) – 27 to 37 & 62 to 66 (Divisions). 2. Central Zone:Ernakulam town, Kadavanthra, Vennala (part) and Thevara, 38 to 43, 45 and 49 to 61 (divisions). 3. Western Cochin : Mattancherry, Fort Cochi and Palluruthy – 1 to 25(Divisions.) 4. East zone : Vyttila, Petta – 44, 46, 47 and 48 (Divisions). Not withstanding the demand for an underground sewer network for the entire area of Cochin Corporation has been envisaged in 1975 itself, the project could not materialize due to WPC.No.7628/2010 4 unforeseen reasons. It may be pointed out that the dominant mode of sewage disposal in this city is only through the septic tanks. Because of a low lying terrain and relatively high ground water levels, sewage effluent disposal through individual soak pits is ineffective and number of houses have connected their latrines to the existing drains and canals. The coverage of the existing sewerage system is only 5% of the Municipal Corporation area comprising sewer system with 900 house connections, 2 Sewage pumping stations & sewage treatment plant of 4.45 MLD capacity. The 1st phase of Cochin sewage scheme under JNNURM is for Central zone. Out of 20 divisions 6 divisions (43,49,50,51,54 & 56 under Kadavanthra and Thevara) are to be covered under Central Zone. Based on the demand study and considering the availability of land, the 1st phase of the project has been prepared and submitted for approval . The survey and design of the other divisions are in progress. As an in initial phase only 6 Divisions in Central Zone is selected and is included in the JNNURM Project. The intermediate and ultimate demand for the 6 divisions covered in this project is 24 MLD and 40 MLD. Balance capacity WPC.No.7628/2010 5 of the treatment units, required for Central Zone is proposed adjacent to the existing 4.5 MLD treatment plant of 24 MLD will be sufficient for the intermediate demand of the 6 divisions covered in this project. Sufficient land for the expansion considering the ultimate demand is also set apart. The land acquired for the construction of the STP is available with Kerala Water Authority at Elamkulam, nearer to the existing sewerage treatment Plant. The original project for Kochi Sewerage System based on ASP technology was sanctioned by Central Sanctioning and Monitoring Committee on 26/3/2007 for an amount of Rs.74.81 crores. This detailed project report was prepared based on 2006 scheduled rate. Consequently Administrative Sanction (AS) has been obtained from the Government of Kerala for this 14/9/2007. After that a MOU has been signed by Kerala Water Authority with LSGD for implementation of the project a city level Technical Advisory Group has been constituted on 28/12/2007. Contract Package and detailed implementation schedule finalized and approved by Technical Advisory Group on 26/2/2008. During this time the land acquisition activities for the WPC.No.7628/2010 6 balance land required for various pump houses also started. Cochin corporation faced some difficulty to raise apportioned cost for the project and thus the project implementation got delayed till 5/08. And subsequently, the Technical Sanction for the project was issued by the Chief Engineer ( CR), Cochin on 8/5/2008. As the land acquisition for the various pump houses were yet to be completed the tender for the works of the pump houses and net works were with held. The said project was divided into different contract packages and tenders were invited by Kerala Water Authority. But, due to the lack of competition and high quoted rate none of the tender could be finalized. In due course, the schedule of rates has been revised twice in 2007 and 2008 due to price escalation. The empowered committee in its meeting dated 23/7/2009 looked into this matter and decided to revise the project completely and submit for approval. Thus the estimate has been revised and worked out to Rs.117.5 crores. This revised estimate was submitted to the Corporation of Cochin for approval which in turn is submitted to Government of Kerala and then to WPC.No.7628/2010 7 Central Government for final approval. Now, the revised project is expected to get approval from Central Government shortly and after getting the approval from the Central Government, the work of sewerage project will soon be started. “ 3. Mr.Dinesh reiterated once again that the project will be implemented. 4. We record the above submissions of the learned Standing Counsel and close the writ petition, as according to us, it is too early for the petitioners to insist that the second respondent shall file a report regarding the action taken so far for implementing the proposed project in the acquired land. In fact, the statements and submissions recorded by us as above will give a clear idea to the petitioners as to what is so far done by the Water Authority in the acquired land. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk