E.JACOB VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a writ petition filed by parties in person who are the owners of an extent of 40.60 ares of land at Veeyapuram. According to them, the said land was identified by the Kerala Water Authority (hereinafter referred to as KWA), respondents 2 to 4 herein for constructing an intake well cum pump house for the purpose of water supply to different areas in Alappuzha district. Though the petitioners have given consent for surrendering the said land and proceedings of KWA culminated in initiating steps for acquisition of land, KWA subsequently changed their stand and shifted the place of the intake well cum pumping station to a place known as Pannaikadavu which is on the upstream of Veeyapuram. Such a change had been made by KWA on the basis of Ext.P9 order dated 10/08/2007 which is impugned in this writ petition. Hence the petitioners seek to set aside Ext.P9 and for a direction to respondents to implement Alappuzha Water Supply Scheme with the source of intake well cum pumping station at Veeyapuram.

(2.) ACCORDING to the petitioners, KWA has no right to shift the water intake site from Veeyapuram to Pannaikadavu since this Court in judgment dated 04/12/2006 in W.P.C.No.16681 of 2006 had observed as follows:

(3.) THE petitioners also point out that change in the decision making process for shifting the site was totally unscientific and in respect of the present site at Pannaikadavu width of the river is only 1/3rd of the width in comparison to the width of the river at Veeyapuram. It is also the case of the petitioners that the site at Veeyapuram is the converging point of three major rivers namely Pampa, Manimala and Achankovil rivers and that with reference to Pannaikadavu site there is a possibility of a tributary of Pampa meeting the junction immediately after the proposed intake well which is highly polluted since it carries pollutants and waste from the commercial centres located on either side of the said tributary.