UDAYA KUMAR Vs. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY

JUDGEMENT

(1.) This Public Interest Litigation is filed by a Social worker basically contending that the main pipeline starting from water treatment plant at Aluva and ends at Thammanam Booster tank laid through the pipeline road, maintained by the Kerala Water Authority is under danger due to plying of heavy vehicles. It is submitted that since the pipeline is drawn underground, the Kerala Water Authority published a notice prohibiting plying of vehicles through the pipeline road. The pipeline road is maintained by the Kerala Water Authority and the plying of heavy vehicles through the pipeline road is restricted by putting up barricades at the entrance of pipeline junction at Palarivattom and at the entrance of National Highway - 47 and other areas of the road interceptions. According to the petitioner, number of godowns are functioning by the side of the pipeline road and large number of loaded lorries are plying through the pipeline road for the purpose of loading and unloading goods at the godowns situated by the side of the pipeline road. Exts.P1 and P2 are the photographs showing the restriction imposed by the Water Authority and the plying of lorries and existence of godowns. Therefore, according to the petitioner, due to the plying of heavy loaded lorries, there is likelihood of breakage of the main pipeline, through which water is pumped from the river Periyar at Aluva and to the Booster tank situated at Tammanam within the limits of the Cochin Corporation. It is also pointed out that the pipeline road is passing through the Choornikkara Panchayat, Aluva Municipality, Kalamassery Municipality, Thrikkakara Municipality and the Cochin Corporation limits. It is the contention of the petitioner that the Kerala Water Authority as well as respective local bodies are not taking any action so as to prevent plying of the heavy loaded lorries through the pipeline road. It is also submitted that even though Water Authority have put up cross bars and concrete barricades restricting the entry of goods vehicles, they are destroyed by the interested persons who are carrying with godown activities using the pipeline road at various places. Therefore, it is submitted there is every likelihood of breakage of the water main and if anything happens it will cause irreparable loss and injury to the people residing in the locality of the local bodies referred to above, and will absolutely disrupt the water supply to several of the areas including the Cochin Corporation. Therefore, seeks the following reliefs.

(2.) Kerala Water Authority has filed a detailed counter affidavit basically approving the contentions put forth by the petitioner and among other contentions it is stated that Aluva water treatment plant is the main source of drinking water for Greater Cochin area, and Kochi Corporation, and further, supply to areas of nearby local bodies, also is carried out through the transmission lines laid beneath the pipeline road from Aluva treatment plant to Samskara Junction and reaching upto KSRTC bus stand. Two transmission lines made of cast iron of 900 mm and 1050mm diameters, and a MS pipe with 1200 mm are laid through the pipeline road for the purpose, and the pipelines are passing through Choornikara Panchayat, and Aluva, Kalamassery and Thrikkakara Municipalities and Kochi Corporation. It is also submitted that the Kerala Water Authority has acquired properties for the purpose of laying the pipeline and maintenance of the same. It was accordingly that the pipelines were drawn underground, and the pipeline road is constructed for the purpose of maintenance of the pipelines. The Kerala Water Authority is maintaining the pipeline road and the vehicular traffic is prohibited through this road, and if vehicles are passing through the road, weight will exert pressure on the pipeline underneath and cause breakage or damage to them, which would seriously affect the water supply to the aforesaid areas. The drinking water requirement of 15 lakhs people would be perilously affected, if any damage occurs to the pipelines. It was with the aforesaid intention that the Kerala Water Authority prohibited vehicular traffic through the pipeline road and for the purpose caution boards have been erected at 12 places notifying that "plying of heavy vehicles prohibited". So also at St.mary's School Junction, Aluva and behind the Cochin University campus, cross bars have been erected for preventing passage of heavy vehicles through the road. A detailed sketch of the pipeline road depicting erection of caution boards and cross bars is produced as Ext.R1(a). While so people have started construction of houses by the side of the pipeline road and have been using the said road for transportation of materials. Other goods vehicles have also started to pass through the pipeline road disregarding the caution and warning boards. Bitumen surface of certain portions of the road are being effected using MLA fund by the Public Works Department. It is also pointed out, bus routes have been sanctioned by the Regional Transport Authority using certain portion of the pipeline road. Even though Kerala Water Authority had opposed it and requested the Regional Transport Officer, Ernakulam for cancellation of such permit and stoppage of operation of stage carriages, it was not executed by the Motor Vehicles Department. That apart even though requests were made several times to control the traffic and prohibit the passage of heavy vehicles through the pipeline road, to the respective Police Authorities, no action was initiated. The Water Authority has also undertaken a task of erecting 21 additional cross bars in the pipeline road, and had invited tenders for the work as early as on 16.1.2008. However, there was no response from the contractors. Even though the work was re-tendered, contractors are not coming forward basically due to the hostile attitude of the local public and local politicians The erection of cross bars and caution notices are vital and essential for the protection and upkeep of the pipelines. The Kerala Water Authority finds it difficult to execute the work without adequate protection from the Police and District Administration and the Transport Authority. It is also requested that the local bodies have to be directed not to give licences for godowns, and building permits for multi storied buildings if their access is shown through the pipeline road. Therefore, it is submitted that, unless and until directions are issued by this Court, there is a likelihood of breakage of the water lines and if any such things happen, it will cause irreparable loss and injury not only to the Water Authority but to the public at large.

(3.) Respondents 6 to 8, who are apparently owners of properties by the side of the pipeline road have filed a joint counter affidavit refuting the allegations and claims and demands raised by the petitioner and also contending that no manner of prejudice will be caused, if the vehicles are permitted to be plied through the pipeline road.