Madras HC rejects pleas to restrain government from digging wells in Madambakkam lake

The petitions alleged that Madambakkam lake is dry, damaged and in a dilapidated condition and the lake has shrunk. 
One of the three 56-feet-deep wells dug on the Madambakkam lake bed | Martin Louis
One of the three 56-feet-deep wells dug on the Madambakkam lake bed | Martin Louis

CHENNAI: A division bench of the Madras High Court rejected PIL petitions to restrain the government from digging five giant wells in the Madambakkam lake in Kancheepuram district.

Due to shortage of water in Chennai, the government has brought out a scheme called -- Combined Water Supply Scheme and this was launched by the TN Urban Finance and Infrastructure Development Corporation Limited (TUFIDCO). The water from these wells will be used only for purpose of drinking and would not be sold.

"Going with the object of the scheme, we are of the view that the objection under Sec. 14 of the Chennai Metropolitan Area Ground Water (Regulation) Act is unsustainable in law," the bench of Justices S Manikumar and Subramonium Prasad said while dismissing a batch of PIL petitions, last week.

The wells proposed to be sunk are open ones, away from the water body which will be governed under Sec. 3 of the Chennai Metropolitan Area Ground Water (Regulation) Act. As stated in the counters, the wells are sunk at a distance of 150 meters away from the bund, which is within the permissible limits, taking into account the fact that the agricultural activities had reduced in the area.

There is also tremendous growth in population. The area is surrounded by the educational institutions and hospitals. It was also found that the ground water level is higher than other areas, where the wells are proposed to be sunk. The Executive Officer, Madambakkam Town Panchayat stated in his counter that only after taking into account all this, the government has sanctioned Rs 2.70 crore under the Scheme, the bench pointed out.

“The need for water has increased by leaps and bounds. On the instructions issued by the Executive Engineer of the Water Resource, Kancheepuram, it was felt that the excess water from the wells could be utilised for implementation of the scheme in the name of “Providing Combined Water Supply Scheme”.

The project has been undertaken in common interest and for the welfare of the common people of all town panchayats and it will not cause any harm to the water body. "Therefore, we do not find any illegality or infirmity in the decision of the government to sink the wells," the bench added and dismissed the petitions.

The petitioners alleged that Madambakkam lake is dry, damaged and in a dilapidated condition and the actual lake has shrunk. They also alleged that depleting water from the lake would severely affect agricultural operations in the area.

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