MADURAI: The Madurai Bench of the Madras High Court on Thursday allowed Madurai Corporation to proceed with the Vandiyur Tank Beautification Project, subject to the statutory restrictions contained in Rule 4 of Wetlands (Conservation and Management) Rules, 2017.
However, observing that the object of the project would be realised only if the tank is pollution-free or else it will become as polluted as the Cooum River, the court directed authorities to ensure that the tank is pollution-free within 18 months.
A special bench comprising Justices GR Swaminathan and B Pugalendhi, which deals with cases involving protection and preservation of water bodies, passed the order on a batch of two public interest litigations (PIL) filed against the project, which is worth Rs 50 crore, being carried out on Vandiyur Tank.
The bench had ordered an interim injunction against the project following allegations that commercial buildings were being put up on the tank bunds. However, the corporation stated in its counter affidavit that implementation of the project would provide recreational space for people of Madurai and nearly 80% of the works have been completed. Further, it assured the court that neither the storage capacity of the tank will be disturbed nor water holding level reduced as a result of the project.
Recording this, judges vacated the interim order but pointed out that the tank being a wetland, the Rule 4 of Wetlands (Conservation and Management) Rules, 2017, which talks about restrictions of activities in wetlands, should be strictly adhered to.
Some of the activities prohibited in the tank under the aforesaid rule included dumping and discharge of untreated wastes and effluents, and any construction of permanent nature except boat jetties within 50 metres from the mean high flood level observed in the past 10 years, among others. Thus, commercial activities are forbidden within the prohibited distance as per the above rule, judges emphasised.
They further said that despite specific prohibition under the above rule, untreated sewage and drainage water is being discharged into the Vandiyur Tank and authorities were turning a blind eye to the issue. Noting that the tank comes under the water resources department or public works department, the judges censured the department for failing to take remedial measures.
They also wondered why a budget was not allocated under the project for installing sewage treatment plants. They directed authorities to ensure within 18 months that not a drop of untreated water flows into the tank. The authorities must undertake aggressive campaigning to raise civic consciousness among the people of Madurai, they added. The judges also banned plying of motorised boats in the tank while introducing boating activities under the project.
