CHANGEINDIA Vs. GOVERNMENT OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) THE petitioner, through this Public Interest Litigation, seeks to raise the important issue of conditions of an unorganized contract workers, who are engaged by Urban Local Bodies, such as the Municipalities more specifically, the Corporation of Chennai / the 4th respondent and the Chennai Metro water Supply and Sewerage Board (CMWSSB) / the 3rd respondent, for manual cleaning of highly polluted and noxious, sewage filled storm water drains in the guise of de -silting during pre -monsoon and monsoon period to prevent flooding of roads and localities.

(2.) IN the counter -affidavit filed by the second respondent being the Department of State Government, it is acknowledged that there is prohibition from deploying human beings to enter into manholes of storm water drains. Adequate funds are said to have been allocated under two programmes, (i) Chennai Mega City Development Mission for Chennai and its sub -urban areas and (ii) Integrated Urban Development Mission for all other Corporations, Municipalities and Town Panchayats. The Mission period is 2011 -2016 and allocation of funds is for Sewerage, Storm Water Drains and Solid Waste Management. The Jet Rodding Machines, Desilting machines and other mechanical devices are stated to have been procured by the Urban Local Bodies for effective management of Sewerage system and Storm Water Drains. Apart from these, funds have been allocated under Centralised Sponsored Programs.

(3.) IT is also stated that 226 Sewage Pumping Stations in Chennai city are operated continuously during the rainy season and monitored closely and the sewage / septic tanks cleared by the sewage tankers are discharged into the decanting facilities provided in the Sewage Treatment Plants, by which sewage is being treated.