தமிழகத்தில்
1947ல் நாடு விடுதலை பெற்ற போது 60,000 ஏரி, குளங்கள், நீர் நிலைகள் இருந்தன. சுயநலப் போக்கோடு இந்த குளங்களை சமூக விரோதிகள் கபளீகரம் செய்துவிட்டனர். இதில் பாதியளவு
எண்ணிக்கையான நீர்நிலைகளே தற்போது உள்ளது. தமிழக அரசு பொதுப் பணித் துறை ஒப்புக்கு
பராமரித்து வரும் ஏரிகள் 39,202 என கணக்கில்
உள்ளது. 18,789 நீர்நிலைகள் நூறு ஏக்கர் பரப்பில் அப்போது அமைந்திருந்தது.
உள்ளாட்சி அமைப்புகள் 20,413 ஏரிகள், குளங்கள், நீர் நிலைகளை தன்னுடைய நிர்வாகத்தின் கீழ் பராமரிக்கிறது.
ஆனால், இவையாவும் கணக்கில் மட்டுமே உள்ளதே அன்றி ஆயக்காட்டுதாரர்களுக்கு பயன்படுத்தும்
அளவில் பராமரிப்பு இல்லாமல் உள்ளது. குடிமராமரத்துப் பணிகளும், கடந்த 40 ஆண்டுகளில் சரியாக நடத்தப்படவில்லை. இயற்கை வழங்கிய நீர்நிலைகளை
பாதுகாக்க வேண்டும் என்றும் இதற்கான மேலாண்மை கொள்கையும் இன்றைக்குள்ள சூழ்நிலையில் வகுக்க வேண்டுமென்றும் மூன்று மாதத்திற்கு
முன்னால் தமிழக அரசுக்கு கடிதம் எழுதியதையும், தமிழக அரசு அந்த கடிதத்தின்படி நடவடிக்கை
எடுக்கவில்லை என்றால் இது குறித்து சென்னை உயர்நீதிமன்றத்தின் கவனத்திற்கு கொண்டு சென்று
உரிய ஆணையை பெறுவேன் என்று என்னுடைய சமூக வலைத்தளப் பதிவுகளில் மூன்று மாதங்களுக்கு
முன் பதிவிட்டேன்.
அதன்படி சென்னை உயர் நீதிமன்றத்தில் தாக்கல் செய்த என் மனுவினை இணைத்துள்ளளேன்.
இந்த மனுவில்
நீர்நிலைகளை பற்றி விரிவான விவரங்களும், அதன் வரலாறும், குடிமராமரத்து, ஆயக்காட்டு, தமிழகத்தில் சமூக விரோதிகளால் சீரழிக்கப்பட்ட
சில நீர்நிலைகளை பற்றியும் விரிவாக தொகுத்துள்ளேன்.
இது ஆங்கிலத்தில்
சிறு நூலாக வெளியிடவும் திட்டமிட்டுள்ளேன்.
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(SPECIAL ORIGINAL
JURISDICTION)
W.M.P.No. of 2017
In
W.P. No. 36135 of 2015
AFFIDAVIT OF K.S.RADHAKRISHNAN
1.
I K.S.Radhakrishnan, S/o K.V.Seenivasan,
aged 61 years, residing at 4/359, Sri Chaitanya Avenue, Anna salai, Palavakkam,
Chennai - 600041 do hereby solemnly and sincerely affirm and state as follows.
2.
I am the petitioner herein. I
am personally acquainted with the facts deposed to here below.
3.
I submit that I am an advocate.
I have been a political and social
activist from 1972. I submit that I am a columnist as well. I have edited more
than 15 books regarding Human rights, Environment, Politics, History, etc., I
have published several articles apropos water resources.
4.
I submit that I filed WP (Civil) No. 668 of
2002 before the Hon’ble Supreme Court of India seeking nationalization of
rivers and praying for linking of Ganges – Cauvery – Vaigai – Tamirabarani and Neyyaru (Kanyakumari District). I have alos
filed several Public Interest Litigations before the Hon’ble Supreme Court of
India and also before this Hon’ble Court.
5.
I submit that W.P.No.36135 of
2015 has been filed by the 1st respondent. Though the writ petition relates to
restoration of a water body in Erode District, this Hon’ble Court was pleased
to enlarge the scope of the writ petition, appointed an amicus curiae and has passed
orders directing the Government to prevent deterioration of water bodies, to reclaim
water bodies and to provide a mechanism for protection of water bodies. The
Secretary to Government, Public Works Department has filed a detailed counter
affidavit and the same has been adopted by the Secretary to Government, Revenue
Department and the District Collectors. The typed set of papers filed on behalf
of the Government contains details of Tanks under the control of bodies such as
Public Works Department, Rural Development and Panchayat Department and Town
Panchayats.
6.
I submit that the compliance
report filed on behalf of the State Government apropos an order dated
06/08/2014 in W.P. (MD) No. 1496 of 2014 reveals the laxity of the part of the
Government. The steps taken by the Government for the contemplated work to
preserve the water bodies appears to be cosmetic. G.O.Ms.No.540 Revenue
Department dated 04/12/2014 filed in the typed set of papers filed by the
Government contains the mechanism said to have been established by the
Government at the Taluk level for preservation of water bodies. It only
illustrates that the Government is not serious on the issue.
7.
I submit that there are several
publications containing details of the glories of rivers, tanks and the nature
of the water which were available to the public free of contamination. Many
well meaning public men have highlighted the importance of preserving water
bodies by contributing various articles in periodicals and newspapers. These
publications have not been made for any publicity or any collateral purpose but
in genuine public interest. I am therefore seeking leave of this Hon’ble Court
to highlight certain relevant facts which have come to light thanks to
publications by such public interested citizens.
8.
I submit that The Hindu
(English) dated 05/11/2016 contains the story of seven water bodies around
Chennai. According to the report;
(a)
80% of the Villivakkam Lake which had 214
acres in 1972 is reduced to an extent of 20 acres only.
(b)
Many commercial establishments and
residential apartments have come into existence in the 600 acre Korattur Lake
and the Lake is slowly disappearing.
(c)
The Narayanapuram Lake has now
been split into two. A 200 Feet road, a Badminton Court and a Temple have come
into existence in the water body and the water body is disappearing.
(d)
The story of Pallavaram
periyaeri is also disturbing. 70% of the area has gone for residential
development and 20% area is used as garbage dump by the Municipality.
(e)
The Chittlapakkam lake has been
reduced to 40 acres from 80 acres.
(f)
Apropos Pallikarnai Marsh, 6000
Hectares of Marsh Land is reduced to 600 hectares.
(g)
The same is the story of Tirupananthal Lake.
9.
I submit that a report in the Tamil
daily, The Hindu dated 22/11/2016 contains the present pitiable condition of
Vandalur Tank. According to the report the total extent of the tank was 102
acres. The tank is encroached and has become a dumping ground for waste. The
canals which bring water to the tank have been completely blocked. This is the
order of the day.
10.
I submit that an article in the
Hindu dated 09/04/2017 under the caption Kudimaramathu: A much needed revival
or water down revamp highlights massive corruption by politicians and officials
siphoning of 50% of the monies allotted for renovation of water bodies.
(i)
Kudimaramathu literally means
maintenance and repair (of water bodies) by people. Kudi means farmers/people
and maramathu means repair. This ancient concept of participatory water
management by farmers got watered down by the Madras Water Board Act of 1930
and Later by Grow More Food Campaign of 1846 during the British Period.
(ii)
A dedicated person, 'Neerkattu'
kept a close watch on the water level of small tanks in villages and
channelized water to individual tanks. Villagers shared the produce with him.
They got together to perform repair and maintenance to keep the water bodies in
act.
(iii)
But things changed with the entry of British
as a management of tanks went to the Chief Engineer for Irrigation of Public
Works Department, in 1940.
(iv) As the water bodies were verified with the government, their
maintenance became a government responsibility. Village property became
government property and local responsibility became government responsibility. This
led to neglect and determination of water bodies.
(v)
This revived practice of
kudimaramathu was introduced in the composite Thanjavur district by the PWD in
1905. It was extended to all districts in 1979.
(vi) Aim is to entrust accountability in execution of work through
participatory approach.
(vii)
Farmers will have greater interest in speedy
and efficient execution of works.
Ayakattu means that the area limit where the water of the tank / river
used for irrigating and serving.
11.
I submit that a report in the Tamil
daily, Dinamalar dated 09/04/2017 highlights the apathy on the part of the
Government in preserving even big dams such as Mettur Dam. Steps have not been
taken to remove the silt resulting in reduction of capacity of major dams in
Tamil Nadu.
12.
I submit that the neighboring
states have taken several steps to preserve water bodies and to augment water
resources. On the contrary in Tamil Nadu there is laxity even in preserving the
existing water bodies. This has been highlighted in a full page report
published in a Tamil Daily Dinakaran dated 04/09/2016.
13.
I submit that another article
in the tamil daily, The Hindu dated 11/12/2016 contains shocking details of
waste of water for want of proper steps to store the rain water. It is stated
that between 1990 and 2015 1165.71 TMC water has been lost on account of
Government apathy in not maintaining the existing water storage facilities and
in not taking steps to augment water resources.
14.
I submit that Tamil Nadu Act 49
of 1974 was passed amending Tamil Nadu (Estates Abolition and Conversion into
Ryotwari) Act 1948. The patta granted by the Government in respect of Private
Tanks stood automatically cancelled and they became public tanks. However the
Government has not taken any worthwhile follow up measure to identify the
private tanks for which patta were given and to retrieve the same. When the
private tanks have become public tanks it is the duty of the State Government
to restore the same for public use. The Government have all the data in their
possession. But no steps have been taken to give effect to the provisions of
the Act.
15.
I submit even after my representation dated
23/08/2016 the Government have not taken any steps to restore the private tanks
for public use.
16.
I submit that the Government
itself has constructed bus stands and other institutions in water bodies.
Several educational institutions and hospitals have encroached water bodies
with the active connivance and co-operation of Government Officials.
17.
I submit that the present state
of Tamil Nadu had more than 60,000 water bodies at the time of independence. It
is now reduced to one half. Presently a reliable statistics says nearly 39,202
lakes are controlled by PWD department, controlled by The Government of Tamil
Nadu. But this figure is uncertain. Nearly 18,789 water storage bodies extend about
hundred acres per tank. It is approximately 20,413 water storages are
controlled by local bodies. In Cauvery Delta 12,000 water storages and 36 sub
canals are running as per Government records. There is no proper maintenance
and water management policy. The history reveals that the Chera, Chola and
Pandiya Kings carefully planned canals and water storage facilities. Kallanai
(Grand Anicut) is a telling example. It is the 4th oldest water
diversion, water regulator structure in the world in use built by King
Karikalan of the Chola Dynasty in the 2nd century AD. Veeranam lake
built between 1907 and 1955 AD by Chola Kings is the main water source for the
Chennai city. The temple tanks like Vandiyur Mariamman
Theppakulam, Madurai and other Temple Tanks reveal the foresight of our fore-
fathers to preserve the ground water facility.
18.
I submit that it has become
necessary to take necessary steps in this regard. Wherefore its prayed this
honorable court direct the authorities to implement the following measures.
(i)
To visit the old records,
identify the water bodies lost and to retrieve the same.
(ii)
The Government have to identify
the private tanks which were given patta retrieve the same and convert it as
public tanks available for public.
(iii)
A proper mechanism should be
put in every District for preservation of water bodies, de-silting and
maintenance, every once in five years.
(iv)
Tank Bunds and Sluices should
be properly maintained and shutters should be periodically monitored by
experts.
(v)
A mechanism
should be evolved to allow the agriculturists alone to use the sediments which
can be used a high quality manure.
(vi)
The local
bodies should be empowered to regulate fishery rights and the villagers should
not be denied their right to fish in local waters.
(vii)
There should
be committees at Village, Taluk and District levels and there should be
ombudsman in every District to ensure that erring public servants are under
proper control and render justice.
Solemnly affirmed at Chennai Before me
on this 1st day of July, 2017
and signed his name in my presence. Advocate Chennai.
#ஏரி
#குளங்கள்
#வாய்க்கால்
#ஆறுகள்
#நீர்நிலைகளை_பற்றி_வழக்கு
#நதிகள்
#Public_Interest_Litigation_on_water_storages_problem
#Water_Storages
#Lakes
#Tanks
#Ponds
#Canals
#Rivers
#Writ_Petition_on_water_storage
#KSRadhakrishnanpostings
#KSRpostings
கே.எஸ்.இராதாகிருஷ்ணன்
01-07-2017
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