N.K. JAIN, J. - (1.) THIS Writ Petition has been filed for issue of a Writ of Mandamus to the respondents forbearing them from constructing electrical sub-station in Vellankulam Tank bed and further directing them to implement various schemes and works in the rivers and tanks in Coimbatore.
(2.) THE petitioner Indian National Trust for Arts and Cultural Heritage (INTACH) is represented by its Convenor Ms. Shashi Ghulati. It is alleged that the object of the Trust, inter alia, is to preserve and restore ancient monuments and revive the traditional arts and crafts while propagating Indian Culture and also to create awareness of Indian culture and heritage. THE activities have been extended to cover the natural heritage of India. THE main grievance of the petitioner is that there is a proposal by the Government of Tamil Nadu to put up a T.N.E.B. sub-station on the Vallankulam tank bed, which charges open wells and bore wells in the heart of the city. It is alleged that encroachments and dumping of garbage and excavated debris in the Noyyal river basin system have been taking place. THE petitioner alleges that the tanks perform important functions like replenishment of ground water table by charging sub-soil water by percolation. It is also alleged that some of the tanks had their ayacut area urbanised or encroached upon. THE State Government has converted some tanks into bus stations and depots. It is also alleged that Coimbatore Corporation is also responsible for the shrinkage of the tanks and pollution of the ground water resources due to the dumping of garbage and debris in the tanks and also for using the tanks for collection of sewage water. THE Corporation is also responsible for having failed to prevent dumping of toxic wastes and discharging of effluents of dyeing units in the Noyyal river basin system. It is also alleged that plans are on, to fill up some more bunds also. Because of these encroachments, during monsoon, the low-lying areas in and around Coimbatore Government Hospital get flooded making the lives of the poor patients miserable. It is also alleged that T.W.A.D. Board is negligently diverting the sewage water into the tanks. With the above allegations, it is prayed that a Writ of Mandamus be issued directing the respondents to initiate action for maintaining and preserving the Noyyal river basin system in Coimbatore district. Eight interim prayers have been made for direction to the respondents to take action on various activities by filing W.M.Ps. Nos. 8258 to 8265 of 2000 for various relieves. The respondents 1 and 4 have filed a counter denying the averments in the writ petition. It is alleged that there was no misuse of ayacut area by Public Works Department. The tanks in Noyyal river system, even though inter-linked with channels, were basically rain fed only and desilting would be carried out in a phased manner. It is submitted that the urbanisation of the tanks cannot be controlled by them and the patta fields available near the tank are costly to the tune of crores of rupees. The sub-station of the Tamil Nadu Electricity Board is necessary for the Town hall and surrounding areas to provide uninterrupted power supply. They have addressed the Commissioner of Coimbatore Corporation many times to stop dumping of garbage and debris into the tank. It is also submitted that as the area is nearby city and too costly, about 12 acres of Vappankulam Tank have been allotted to the Government for public purpose like putting up city bus stand and Tamil Nadu Electricity Board sub-station. It is also stated that every year a number of percolation ponds are being constructed with the assistance of Western Ghat Development Programme by the Public Works Department and the Agricultural Engineering Department in order to recharge wells in the zone of influence of ponds. The respondents 3 and 9 have filed a report stating that in view of the order of the Supreme Court in W.P. (Civil) No. 888 of 1996 filed by Almitra H. Patel, to ensure compliance of the provisions of Water (Prevention and Control of Pollution) Act, 1974, the Board had directed the local bodies to formulate the proposals for collection, treatment and disposal of the solid waste along with the time schedule for the implementation of the project. Moreover, this Court had directed by order dated 15.7.1999 in W.P. No. 10632 of 1998 that the wastes and impurities, especially those from the sceptic tanks should not be permitted to be discharged into the rivers. It is averred that out of 170 bleaching and dyeing units, 24 units had applied for consent of the Board and also provided full-fledged effluent treatment plants individually, one has applied for the consent of the Board and has been permanently closed. The remaining 145 units have not applied for the consent of the Board. Of these, 141 units have been issued with show-cause notices and action will be taken by the Board after the receipt of their replies. The fifth respondent in their counter has denied the allegations made by the petitioner. It is submitted that to cater to the enormous electricity load for the industrial and business city of Coimbatore at Ukkadam 110/11 K.V. Sub-station has been proposed in the nearby Town hall area, which is also having much of commercial establishments in the heart of the city, which comes within the Coimbatore Urban Development Scheme approved in the B.P. 46, dated 20.2.1996. Due to the increase in the load, the sub-station has been included in the IX Master Plan (1997-2002) and approved in T.N.E.B. B.P. 134, dated 29.6.1998. It is submitted that the Scheme was published inviting objections before commencing the work and the petitioner, who has not filed their objections, has come belatedly at the time of completion of work. The Collector of Coimbatore also issued a press notification inviting objections for allotting the land for sub-station and no objection was received from the public. No suitable land was available in the nearby locality. It is also submitted that the land belongs to Public Works Department and was transferred to T.N.E.B. by the order of the Government dated 2.8.1999 as the proposal was mainly intended to benefit the public. The works are in progress now and crores of rupees have been incurred for the above scheme. The respondents 2, 6, 7 and 8 have not filed their counters.
(3.) THE learned counsel for the parties advanced their submission and the main argument of the counsel for the petitioner is that the proposed sub-station in the heart of Coimbatore city will not only cause inconvenience but it will be against the interest of the public. We have heard the learned counsel for the parties and perused the materials on record. No doubt, in an appropriate case, on matters touching the conscience of the Court, this Court can issue directions in Public Interest Litigations. But at the same time, direction cannot be issued in a P.I.L. for one's personal gain or for publicity or politically motivated. The petitioner has not been able to show what are the aims and objectives of the petitioner-association and whether the Convenor has been duly authorised to make any allegation in the garb of Public Interest Litigation. The naration of the alleged facts in the writ petition are general in nature without any specific allegation that too they have been refuted by the respondents. That apart, they cannot be gone into by this Court in the absence of any specific allegations, as they need investigation. The only argument, which was advanced before us is that, the substation has been proposed in the heart of the Coimbatore city. It is stated by the Government in the respective counters that when the Government had invited objections for allotting the Sub-station, the petitioner did not bother to make objections nor the petitioner suggested any alternative site for the sub-station, and now has come to the Court at the time of completion of the work. It is also stated that the commissioning of the sub-station is in the interest of the public of that area and will be for the benefit of the people of Coimbatore. In the fact situation and in the absence of any legal bar pointed out, no direction can be issued as prayed for. That apart, the installation of substation is rather in public interest. So far as the other direction to maintain and preserve the Noyyal river basin system, it cannot be issued for the reason that as per counter, the Government is doing the desilting works in all the rivers and tanks in the State in a phased manner giving prominence to each Assembly constituency. Hence this petition is dismissed. No doubt, the authorities are duty-bound to see that immediate steps are taken to prevent dumping of garbage, debris, toxic wastes, sewage water etc. However, the dismissal of this petition will not preclude the authorities from implementing the various schemes and to take other steps and to remove the encroachments in the tank bunds and river basin for the benefit of public at large in accordance with law. Consequently, the W.M.Ps. are dismissed. Before parting, it is necessary to direct that the concerned authorities shall see and satisfy that no encroachment should be made in whatever manner on tank beds and other poromboke lands, which are meant for other purposes, so as to avoid unnecessary inconvenience to the public at large. ;