The Hindu 28.07.2012
Chennai Metrowater has right of way, says court
Chennai Metrowater has the right of way to private lands
to lay pipelines for drinking water and sewerage, and the court will
not issue a direction to it to take a pipeline in a different direction,
the Madras High Court has said. Rejecting the plea of a petitioner,
Justice V. Ramasubramanian noted that under Section 63 of the Chennai
Metrowater Supply and Sewerage Board (CMWSSB) Act, the board had powers
to lay pipelines for drinking water and sewerage.
It
was true that the Act appeared very draconian as even without acquiring
someone’s property, it enabled the board to establish and maintain any
system across any property. That by itself might not persuade him to
issue a direction to the authorities, the judge said.
However,
Justice Ramasubramanian said the authorities should ensure that least
possible damage or hardship to the petitioner was caused. She should
also be compensated for any damage as per the statute’s provisions. The
authorities should ensure, to the extent possible, that the petitioner’s
plan to put up a commercial complex in the land was not spoiled and her
suggestions considered while laying the pipeline.
The
petitioner, Maria Ramesh’s case was that, by a September 30, 2010
order, the Special Deputy Collector (Land Acquisition), Tamil Nadu Town
Development Plan-III, Poonamallee, informed her that her land measuring
nearly 2,400 sq.feet was required for widening the road.
By
another proceeding in November 2010, the CMWSSB informed the petitioner
that the Tamil Nadu Road Development Company proposed to lay a pipeline
underneath her land for a desalination plant coming up at Vadanemili.
She sent a representation opposing the taking over of her land.
However,
on March 5, CMWSSB workers wanted to demolish the petitioner’s compound
wall to enable them to lay a pipeline. The petitioner submitted that
the pipeline could be laid on the western side of the road. She also
sought the appointment of an advocate commissioner to assess the
situation.
In her petition, she sought that the
authorities should not in any manner interfere with peaceful possession
and enjoyment of her land off the East Coat Road at Sholinganallur II
village, without passing orders on her objections to the special deputy
collector’s proceedings.
Court rejects petition seeking instruction to take pipeline in different direction
