The Madras High Court Bench here has adjourned by two weeks the hearing on a public interest litigation petition filed by a non-governmental organisation alleging irregularities in executing the Nilayur Channel Extension Scheme aimed at feeding 94 water bodies that irrigate 9,947.62 acres in Madurai, Virudhunagar and Sivaganga districts.
A Division Bench comprising Justice K.N. Basha and Justice P. Devadass deferred the hearing of the case in order to enable a government counsel to obtain instructions with regard to the exact status of the project and the outcome of a writ petition that had been reportedly filed by a land owner, who refused to part with his property for the project, in the Principal Seat of the High Court in Chennai in 2003.
V. Muniasamy, secretary of Mass Education and Action for Rural Development Society, a non-governmental organisation (NGO), of Kariapatti in Virudhunagar district had filed the PIL petition by claiming that he was one among the first to impress upon the State government to execute the channel extension scheme from Nilayur to Kambikudi in the interest of farmers in the three southern districts.
After its approval by the government on June 29, 2009, and allotment of Rs. 8.94 crore for the project, the petitioner expected the works to be handed over to his NGO. But it did not happen. Hence, he had filed the present case claiming that only one third of the works up to Anaikulam had been completed and the rest was left incomplete much to the disadvantage of hundreds of farmers.
Filing a counter affidavit to the petition, M. Sampath Kumar, Chief Engineer (Water Resource Organisation), Public Works Department, Madurai region, said that the extension work was approved by the government following representations made by the farmers and elected representatives over a number of years and not solely because of the petitioner- NGO.
It was meant to fill 94 water tanks — 50 in Madurai, 21 in Virudhunagar and 23 in Sivaganga — by diverting the flood flow of Vaigai river after paying due consideration to the riparian rights of original ayacutdars of Vaigai water. It was proposed to extend the channel by excavating 8.675 km of main channel and 12.51 km of six branch channels.
Claiming that the contract for executing the work was given through a tender notification, the Chief Engineer said that the entire work of excavation, except for a distance of 45 metres in Chonaguruni where a land owner refused to part with his property, was completed on March 31, 2005, after the government approved a revised estimate to the tune of Rs.19.49 crore on January 3, 2003. “The rehabilitation of Nilaiyur channel for improving carrying capacity to feed the Nilaiyur Extension Channel works is in progress with an estimated cost of Rs. 23.50 crore. This work is proposed to be completed on or before February 6, 2013. Speedy action is also being taken to conclude the land acquisition court cases. After that, full benefit of the scheme will reach the downtrodden ryots of this region,” he added.
On the other hand, filing a written reply to the counter affidavit, the PIL petitioner Mr. Muniasamy alleged that the Chief Engineer had provided wrong information to the court as the distance between Nilayur Tank and Kambikudi was 25 km and not 8.675 km as claimed by the latter. This statement itself was sufficient to conclude that the extension work was still incomplete, he said.
