Anusha vs The Union of India
- Court
- Madras High Court
____________
W.P. (MD) Nos.21648/2023, etc.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on Pronounced on
29.09.2026 09.10.2026
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
AND
THE HONOURABLE MR. JUSTICE N.DILIPKUMAR
W.P. (MD) NO. 21648 OF 2023
CNR:{HCMD010995522023}
W.P. (MD) NO. 5160 OF 2024
CNR : {HCMD010130142024}
W.P. (MD) NO. 2871 OF 2024
CNR : {HCMD010136892024}
W.P. (MD) NO. 18824 OF 2024
CNR : {HCMD010775292024}
W.P. (MD) NO. 20281 OF 2024
CNR : {HCMD010886992024}
AND
W.M.P. (MD) NOS. 18054, 18055 OF 2023
W.M.P. (MD) NOS. 4945, 4946, 2881, 2883, 2885, 17205, 15922, 15923 OF 2024
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W.P. (MD) Nos.21648/2023, etc.
W.P. NO.21648 OF 2023
Tmt. Anusha .. Petitioner
- Vs -
1. The Union of India
Thro’ its Secretary to Government
Department of Water Sources River
Development and Ganga Rejuvenation
Shram Shakthi Bhavan
New Delhi 110 001.
2. National Water Development Agency
Thro’ its Director General
18-20, Community Centre, Saket
New Delhi 110 017.
3. The State of Tamil Nadu
Thro’ its Prl. Secretary to Government
Public Works Department (Water Resources
Organisation), Fort St. George
Chennai 600 009.
4. The District Collector
Karur District, Karur.
5. The Special District Revenue Officer
(Land Acquisition)
CVG Link Canal Project, Karur. .. Respondents
(RR-1 & 2 deleted vide order of
Court dated 14.3.2024 in the WPs)
W.P. NO. 18824 OF 2024
Karthika V Laxmi .. Petitioner
- Vs –
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W.P. (MD) Nos.21648/2023, etc.
1. The Union of India
Through its Secretary to Government
Department of Water Sources River Development
and Ganga Rejuvenation,
Shram Shakthi Bhavan,
New Delhi – 110001.
2. National Water Development Agency
Through its Director General,
18-20, Community Centre,
Saket, New Delhi – 110017.
3. The State of Tamil Nadu
Through its Principal Secretary to Government,
Public Works Department (Water Resources Organization),
Fort St. George,
Chennai – 600009.
4. The District Collector
Karur District, Karur.
5. The Special District Revenue Officer (Land Acquisition)
CVG Link Canal Project, Karur.
6. The Special Tahsildar (Land Acquisition)
CVG Link Canal Project,
Kulithalai, Karur District. .. Respondents
(R1 deleted vide order of Court dated
27.03.2025 in WP (MD) No.4351/2019)
W.P. NO. 2817 OF 2024
1. Pitchai
2. Ramasamy .. Petitioners
- Vs –
1. The Union of India
Through its Secretary to Government
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W.P. (MD) Nos.21648/2023, etc.
Department of Water Sources River Development
and Ganga Rejuvenation,
Shram Shakthi Bhavan,
New Delhi – 110001.
2. National Water Development Agency
Through its Director General,
18-20, Community Centre,
Saket, New Delhi – 110017.
3. The State of Tamil Nadu
Through its Principal Secretary to Government,
Public Works Department (Water Resources Organization),
Fort St. George, Chennai – 600009.
4. The District Collector
Karur District, Karur.
5. The Special District Revenue Officer (Land Acquisition)
CVG Link Canal Project, Karur.
6. The Special Tahsildar (Land Acquisition)
CVG Link Canal Project,
Kulithalai, Karur District. .. Respondents
(RR-1 & 2 deleted vide Court order
dated 14.03.2024 in WP(MD) 21648/23 &
27984, 27985 & 2871/2024)
W.P. NO. 20281 OF 2024
Sethupathy .. Petitioner
- Vs -
1. The Additional Secretary
Revenue, Land and Disaster
Management Department
Govt. Tamilnadu, Chennai.
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W.P. (MD) Nos.21648/2023, etc.
2. The Commissioner of Land Administration
Commissionerate of Land Administration
Chepauk, Chennai.
3. The District Collector
Karur District, Karur.
4. The Special District Revenue Officer
Land Acquisition, Cauvery-Vaigai-Gundaru
Special Project, Karur.
5. The Special Tahsildar (LA) Unit II
Cauvery-Vaigai-Gundaru
Link Canal Special Project, Kulithalai
Karur District. .. Respondents
W.P. NO. 5160 OF 2024
V. Sridhar .. Petitioner
- Vs –
1. District Collector
Pudukottai District
Pudukottai.
2. The Executive Engineer
Water Resources Department/WRO
Special Project Division (CVG Link Project)
Pudukottai.
3. The Special District Revenue Officer (Land Acquisition)
Cauvery-Vaigai-Gundar Link Project
District Collectorate
Pudukottai, Pudukottai District.
4. The Special Thasildar (Land Acquisition)
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Unit-2, Cauvery-Vaigai-Gundar Link Project
Keeranur, Pudukottai District.
5. The Chief Engineer
National Water Development Agency (NWDA)
18-20, Community Centre
Government of India
Saket, New Delhi – 110 017. .. Respondents
W.P. (MD) No.21648 of 2023 filed under Article 226 of the Constitution of
India praying this Court to issue a writ of certiorari to call for the records relating
to impugned G.O. Ms. No.169, Water Resources (K1) Department, dated
th
26.11.2021 and Na.Ka. No.A1/270/2022 dated 07.03.2022, as published by the 4
respondent in the Karur District Gazette vide No.16 dated 08.03.2022 issued in
Form IV u/s 13 (1) of Right to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act, 2013 and the consequential
th
proceedings Na.Ka. No.A1/717/2022 dated 17.06.2022 issued by the 4
respondent herein and quash the same as illegal and arbitrary.
W.P. (MD) No.2871 of 2024 filed under Article 226 of the Constitution of
India praying this Court to issue a writ of certiorari to call for the records relating
to impugned G.O. Ms. No.169, Water Resources (K1) Department, dated
th
26.11.2021 and Na.Ka. No.A1/408/2022 dated 18.03.2022, as published by the 4
respondent in Daily newspaper publication in Dhinathanthi dated 23.03.2022
issued in Form IV u/s 13 (1) of Right to Fair Compensation and Transparency in
Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequential
th
final compensation award passed by the 5 respondent in Na.Ka.
No.A1/217/2023 dated 20.11.2023 pending disposal of the above writ petition
and quash the same as illegal and arbitrary.
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W.P. (MD) Nos.21648/2023, etc.
W.P. (MD) No.5160 of 2024 filed under Article 226 of the Constitution of
India praying this Court to issue a writ of certiorarified mandamus calling for the
st
records of the 1 respondent comprising the declaration in
Rc.No.36/2020/A2/CVG dated 15.09.2023 and quash the same as illegal and
st
arbitrary and direct the 1 respondent to rectify the defect/error in declaring
1.60.75 hectares of lands in Survey No.568/3B, 568/4 & 568/5 vide Serial No.142,
143 & 144.
W.P. (MD) No.18824 of 2024 filed under Article 226 of the Constitution of
India praying this Court to issue a writ of certiorari to call for the records relating
to impugned G.O. Ms. No.169, Water Resources (K1) Department, dated
th
26.11.2021 as published by the 4 respondent in the Karur District Gazette vide
No.16 dated 08.03.2022 issued in Form IV u/s 13 (1) of Right to Fair
Compensation and Transparency in Land Acquisition Rehabilitation and
Resettlement Act, 2013 and the consequential proceedings Na.Ka.
No.A1/250/2023/Ka.Vai.Ku, dated 04.12.2023 and quash the same as illegal and
arbitrary.
W.P. (MD) No.20281 of 2024 filed under Article 226 of the Constitution of
India praying this Court to issue a writ of certiorari to call for the records relating
to the impugned Karur District Gazette Notification dated 29.12.2021 on the file
st
of the 1 respondent and quash the same.
For Petitioners : Mr. V.R.Shanmuganathan in WP
(MD) Nos.21648/2023, 2871 &
18824/2024
Mr. Prabhu Rajadurai in WP
(MD) No.20281/2024
Mr. Arvind Pandian, SC for
Mr.S.Parthasarathy in WP (MD)
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W.P. (MD) Nos.21648/2023, etc.
No.5160/2024
For Respondents : Mr. B.Saravanan, AAG, Assisted
by Mr.G.Mohankumar, AGP for
RR-3 to 5 in WP (MD)
No.21648/2023, for RR-1 to 4 in
WP (MD) No.5160 &
20281/2024, for RR-3 to 6 in WP
(MD) No.2871 & 18824/2024
Mr. AR.L.Sundaresan, ASG,
Assisted by Mr.Karthikeya
Venkatachalapathy, DSG for
RR-1 & 2 in WP 2871 &
18824/2024
COMMON ORDER
M.DHANDAPANI, J.
Assailing the impugned notifications in and by which the lands of the
petitioners are sought to be acquired by rejecting their objections for the
purpose of formation of a canal from Cauvery (Kattalai Barrage) to South Vellar as
part of the Mahanadi – Godavari – Krishna – Pennar – Palar – Cauvery – Vaigai –
Gundar River Linking Canal proposal, the present writ petitions have been filed.
2. The writ petitions have been filed under the caption ‘Public Interest
Litigation’ by the petitioner notwithstanding the fact that the petitioners are the
affected party in respect of the acquisition proposal initiated by the State for the
purpose of formation of the canal and since the entire stretch of persons, owning
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lands in the said stretch are affected, the writ petitions have been filed in public
interest.
3. It is the case of the petitioners that Cauvery (Kattalai) - South Vellar
Flood Carrier Canal Project (for short ‘CSV FCC’ ) was envisioned by the Central
Government for the diversion of Cauvery waters from Kattalai Barrage in Karur
District to South Vellar River in Pudukkottai District. It is the further case of the
petitioners that the said project was approved by the State of Tamil Nadu vide
G.O. (Ms) No.280. PWD (Works) (1.Spl.2) Department, dated 10.11.2020. It is
their further case that the canal traverses through Karur, Tiruchirappalli and
Pudukkottai Districts. The petitioners further aver that the Government of India
has proposed the Mahanadi Godavari - Krishna - Pennar - Palar Cauvery - Vaigai -
Gundar River Linking Canal Proposal and towards its fulfilment, the final link of
this project is the Cauvery - Vaigai - Gundar Link Canal Project Proposal (for short
‘CVG LCP’). It is further averred that CSV FCC is claimed to be part of CVG LCP.
4. It is the further averment of the petitioners that they are not opposing
the scheme for the transfer of flood waters from Cauvery to the drought prone
areas of Karur, Thiruchirappalli and Pudukkottai Districts, but their grievance is
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only with regard to the acquisition of the lands, which has been taken up by the
th
4 respondent by issuing notifications on various dates, which, as averred by the
petitioners, is not approved legally and that alternate methods for execution of
the project, which involve less time and money, have not been examined before
issuing the said notifications.
5. It is the further averment of the petitioners that the riparian rights of
present users of cauvery water are not safeguarded and that no provision of
funds for the implementation of the Project has been made in the budgets of the
Government of Tamil Nadu. It is further averred that a suit against the scheme
for which land is being acquired is pending in the Supreme Court and that the
extent of land being acquired is in excess of the actual requirement for the canal.
It is the averment of the petitioners that at present, the Project cannot be
implemented and the proposed acquisition of land at this point of time is not
necessary.
6. It is the further averment of the petitioners that they own various
extent of lands in the proposed area in which the land acquisition is being carried
out. It is further averred that preliminary Notification u/s 11(1) of Right to Fair
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Compensation and Transparency in Land Acquisition Rehabilitation and
Resettlement Act 2013 (for short ‘the Act’) and Rule 13(1) and Form IV of the
Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Rules 2017 (for short ‘the Rules’) in Form IV for
various lands including the lands of the petitioners herein was issued by the
District Collector, Karur, vide Na. Ka. No. A1/270/2022 dated 07.03.2022.
7. It is further averred that notice have been received by the petitioners in
Form V in accordance with Rule 14(1) of the Rules and Section 11 (1) of the Act
calling for their objections with regard to the acquisition to which the petitioners
and the said notice was also issued u/s 15(2) of the said Act in the newspapers to
which the petitioners have submitted their objections. However, without
properly considering the said objections in proper perspective, by proceedings
dated 17.6.2022, the District Collector, Karur, rejected the said objections and
issued orders u/s 15(3) of the Act, aggrieved by which the petitioners approached
the respondents by filing necessary representation, but since there has been n no
reply nor any action, left without any other efficacious alternative remedy, the
present writ petitions have been filed by the petitioners.
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8. Learned senior counsel and the learned counsel appearing for the
respective petitioners submitted that the clearance of the Government of India
for implementation of the project for which land is acquired is not available and
in the absence of any approval of the Government of India, the notification itself
sans any validity. Therefore, the acquisition on the basis of the notification,
which does not have any approval is wholly unsustainable and illegal.
9. It is the further submission of the respective learned counsel that in-
principle approval has been sought for by the State from the Central Government
with regard to which no approval is yet to be granted inspite of the fact that such
approval was sought for on 16.8.2019. The length of time during which approval
has not been granted would clearly show that the Central Government is not
inclined to go with the proposal and, therefore, the land acquisition for the same
at the instance of the State is wholly erroneous and arbitrary.
10. It is the further submission of the learned counsel that the acquisition
is for the project of laying a canal from Cauvery (Kattalai) – South Vellar River,
which is part of the national project proposal for which approval of National
Water Development Authority (for short ‘NDWA’) is mandatory. Without such
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approval, no project can be implemented in the CVG LCP link scheme. When no
diversion of water could be taken up from that link, the act of the State in
implementing the said acquisition would be nothing but a wasteful exercise.
11. It is the further submission of the learned counsel that the project cost
is estimated at Rs.7677 crores, which is to be spent from the tax payers money
and without there being any approval of the Central Government and the NDWA,
of acquisition of vast extent of lands is nothing but an act of putting the cart
before the horse by wasting the economic resources of the State.
12. It is the further submission of the learned counsel that the Act
prescribes various procedures in the decision making process after issue of
preliminary notification u/s 11 (1) of the Act, more particularly with reference to
Section 8 (1) which provides for the potential benefits to outweigh the social cost
and that minimum area of land should be acquired; 8 (2), which provides that
there should be minimum displacement of people and that the disturbance to
infrastructure should be minimum; 8 (3) which provides for wide publicity to
given to the people who would be affected; 11 (5) relating to updation of land
records before issuance of Declaration u/s 19; Section 12 relating to giving notice
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to the land owner atleast 60 days prior to undertaking survey, etc. However, all
those procedures have not been complied with, which vitiates the acquisition.
13. It is the further submission of the learned counsel that the mandatory
procedures contemplated u/s 30 of the Act have not been given a go-by. Further,
the fallacies in G.O. Ms. No.280 expose the haste in the implementation of the
project as the potential benefit has not been assessed with regard to the social
cost and the adverse social impact that it would have on the society. Further the
number of farmers, who would be losing their lands and be deprived of their
livelihood, which would be to the extent of about 1320.332 hectares has not
been considered in the social impact report.
14. It is the further submission of the learned counsel that social impact
assessment has not been taken up and under the guise of irrigation project, for
which environment impact assessment is sufficient, the social impact assessment
is given a go-by. In the absence of social impact assessment report, mere
environment impact assessment would not be suffice so long as the respondent
has not shown any such law, which is applicable, which would not require the
social impact report.
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15. It is the further submission of the learned counsel that along with their
objections to the land acquisition, an alternate and better method, drafted by a
retired Chief Engineer (PWD) has been submitted to the District Collector, but the
objections, though have been negatived, however, there is no material
evidencing the fact as to whether the alternate method was gone into, while
rejecting the objections of the petitioners.
16. Pointing out the very many issues in the culmination of the project, it is
the submission of the learned counsel that the project has encountered very
many difficulties and the finality of the project itself is at stake as many States,
which have a stake in the connecting of the various rivers have raised very many
issues, which would have a lasting impact in the implementation of the project
and for the purpose of implementing the scheme, the project is being
rechristened under a different name as Cauvery – Vaigai – Gundaru Flood Carrier
Canal (for short ‘CVG FCC’) Scheme and there is no change in the design, size and
alignment of the CVG Link Canal as proposed by the NWDA and, therefore, for all
intent and purposes, the approval of NWDA is very much required for proceeding
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further with the said proposal, as the link canal now proposed forms part and
parcel of the major CVG LCP plan.
17. It is the further submission of the learned counsel that the preliminary
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notification issued by the 4 respondent u/s 11 (1) of the Act also clearly
showcases that the lands are sought to be acquired for the CVG Link Canal and
that being the case, the mandatory approval of NWDA is very much required for
proceeding further with the plan. Further, the estimate of land acquisition is to
the tune of about Rs.7000 Crores, which amount has not been shown in any of
the annual budgets of the State Government. Though the State Government
claims that funds for the said project is to be obtained from NABARD, however,
the information sourced through RTI from NABARD reveals that no application
for any funding for CVG FCC has been received from the State Government.
18. Exhaustive contentions in addition to the above, with regard to the
feasibility and the time to be taken for the project to be implemented were
highlighted, the land acquisition at the behest of the respondents is assailed in a
nutshell under the following heads :-
i) The project does not have the requisite approvals for
execution, and therefore, the land acquisition is bad.
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ii) The present design of the project would hurt the riparian
rights of the existing farmers on Cauvery and its canals.
iii) More efficient and more economical alternatives have
not been examined.
iv) The quantity of water to be handled is likely to be halved,
and therefore, the present size of the canal and the
extent of land to be acquired would be much less.
v) No funding for execution of the project has been
provided or arranged for.
vi) The execution date of the project is indeterminate; the
land acquisition is premature.
vii) Govt has not followed the procedure laid down in the
Act.
viii) A petition by Government of Karnataka against this very
project is pending in the Supreme Court.
19. Basing the case on the aforesaid submissions, learned counsel for the
petitioners pray for quashing the impugned land acquisition proceedings.
20. Per contra, learned Addl. Advocate General appearing for the
respondents/State submitted that the contentions advanced on behalf of the
petitioners is wholly flawed, as the State has taken into consideration all the
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factors and has proceeded with the land acquisition proceedings, which will not
impinge on the rights of the farmers in the said area.
21. It is the further submission of the learned Addl. Advocate General that
approval is mandatory from NWDA only when it is with regard to any
additions/modifications in the project, viz., CVG LCP. However, in the present
case, the land acquisition is for construction of a canal, viz., CVG FCC, which is a
State project and it does not in any manner alter or modify the project taken up
by NWDA and, therefore, approval/expert opinion of NWDA is not required.
Therefore, there is no illegality or unreasonableness in the action of the
respondents in proceeding with the land acquisition.
22. It is the further submission of the learned Addl. Advocate General that
the petitioners cannot presume that a project is premature, as even the land
acquisition takes a long time. Further, it is the submission that the environmental
assessment authority has already granted permission for the project and the
project being irrigation project, the permission/approval of the State is not
mandatory or required. Therefore, the non-obtainment of permission from the
State would not hamper the land acquisition process.
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23. It is the further submission of the learned Addl. Advocate that though
it is alleged that there are very many procedural violations with respect to the
provisions of the Act, however, it is the admitted case of the parties that the land
acquisition has been taken up to its logical conclusion by the award being passed
and the compensation being deposited before the Court and, therefore, the plea
of the petitioners that there are procedural violations which vitiates the land
acquisition is wholly untenable and unsustainable.
24. It is the further submission of the learned Addl. Advocate General that
what is sought to be constructed right now, before the entire project is
conceptualized, is a canal, which is to harvest the water resources and allow it to
flow to the other parts of Tamil Nadu and putting up the said canal before
conceptualization of the project cannot be held to be bad or illegal so long as the
viability of the project still exists. Merely because the project is getting delayed
due to certain issues raised by the neighbouring States cannot be the basis to
claim that the project has been shelved by the Central Government or that its
viability is at stake. Therefore, it is submitted that the contentions advanced on
behalf of the petitioners are preposterous.
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25. It is the further submission of the learned Addl. Advocate General that
merely because a case relating to utilisation of the flood water is pending before
the Supreme Court at the instance of the State of Karnataka cannot be the basis
to come to the conclusion that the project cannot be continued, as even it is the
specific case of the petitioners that the completion of the project would take
sometime by which time, the issues which are raised before the Apex Court
would be concluded. Therefore, the land acquisition for the purpose of
implementing the project cannot be said to be erroneous or illegal and the
contentions advanced on behalf of the petitioners are over-ambitious and
deserves to be dismissed and, accordingly, prays for dismissal of the present
petitions.
26. Learned Addl. Solicitor General appearing on behalf of the Central
Government and NWDA submitted that a detailed project report relating to the
link project has been circulated to the States for their comments/views and the
viability towards linking is being taken up by NWDA. Though the project is at a
nascent stage, it is submitted that upon obtaining the views and comments of the
various States, necessary action would be taken on the project.
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27. It is the further submission of the learned Addl. Solicitor General that
insofar as Cauvery (Kattalai – South Vellar Flood Carrier Canal Project (CSV FCC) is
concerned, the same has been formulated by the Government of Tamil Nadu and
being implemented on their own and the said project does not come under the
purview of NWDA as the diversion of the flood waters of Cauvery river through
the CVG FCC link project is entirely different from the scope of NWDA proposal
and that NWDA has no role in the formulation or implementation of the project
and it purely pertains to the Government of Tamil Nadu and, therefore, no
permission is required to be given by NWDA.
28. This Court gave its careful consideration to the submissions advanced
on behalf of the parties and perused the materials available on record.
29. On an overall conspectus of the case, three contentions cover all the
following issues that have been raised in the present petitions, which, according
to the petitioners, vitiates the acquisition :-
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i) Non-obtainment of expert opinion of NWDA vitiates the
construction of the canal sought to be implemented by the
respondents by acquiring the lands;
ii) Only environmental impact assessment has been obtained
while the social impact assessment has not been done and
published by the State with respect to the displacement of
the farmers and others in the area of land acquisition; and
iii) Procedural violations against the provisions of the Act in the
acquisition of lands.
30. There could be no quarrel with the fact that interlinking of rivers is one
of the pivotal tasks being undertaken so as to provide water for each and every
activity, of which irrigation takes primacy and in that view of the matter, the
flooding in the various rivers have been taken into consideration to arrive at the
project which aims at harnessing the flood water for better utilisation of the
same for welfare of humanity. The present project, which is under the aegis of
NWDA, is being taken up to better utilise the water in the various rivers from
North to South and towards the same, any action being taken by any State, which
interferes with the viability of the project would require the approval of NWDA
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and to this extent there is no dispute that NWDA holds the cards with regard to
the project and without its approval, no State can take any action, which will
impact the project. Though the outcome and implementation of the project by
NWDA would consume a lot of time due to administrative necessities and State
interference, nevertheless, any interference with the project by any State would
have to have the concurrence of the NWDA, which is a mandatory prescription,
which cannot be by-passed by any State.
31. However, that does not mean that States cannot utilise the water
resources in the rivers flowing in the respective States for the welfare of its
masses and divert the excess water for better water management to different
parts of the State, thereby fulfilling the water needs of the region, where water
scarcity is at large, which hampers irrigation and farming. In the present case,
the excess water through floods in the Cauvery river is sought to be utilised by
the State of Tamil Nadu to satisfy the necessities of the water starved
cities/towns.
32. There is no quarrel with the fact that where any project, which is taken
up by a State, interferes with the project being taken up by NWDA, necessarily
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mandatory approval of NWDA is required, which is not disputed. However,
whether the construction of a Flood Carrier Canal Project is an interference with
the implementation of the project taken up by NWDA is a question that requires
to be looked into. In this regard, a counter affidavit has been filed on behalf of
NWDA, wherein, NWDA has made the following submission :-
“5. I further submit that the Cauvery (Kattalai) - South
Vellar Flood Carrier Canal Project (CSV FCC) was formulated by
Govt. of Tamil Nadu and being implemented on their own and
are under their purview. The planning of Govt of Tamil Nadu to
divert the flood waters of Cauvery River through the CVG FCC
link project is entirely different from the scope of NWDA
proposal. NWDA has no role in formulation & implementation
of the said project.”
33. From the above stand of NWDA, it is clear that for the purpose of
implementing the flood canal project no approval of NWDA is required as the
said project has been formulated by the Government of Tamil Nadu and is being
implemented on their own and it does not fall under the purview of NWDA and
further the Government of Tamil Nadu wants to divert the flood waters of
Cauvery river through the CVG FCC link project, which is entirely different from
the scope of NWDA project in which NWDA has no role in formulation or
implementation of the said project.
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34. From the above stand of NWDA, it is unambiguously clear that the
project, which is sought to be implemented by the respondents is not one
connected with NWDA, but it is a separate and different project outside the
scope of the project being executed by NWDA for which no approval of NWDA is
required. Therefore, not only the contention advanced with regard to mandatory
approval of NWDA is not necessary, but the said contention is wholly
misconceived and the non-obtainment of approval of NWDA does not in any
manner vitiate the project and, therefore, the said contention deserves to be
rejected.
35. The second contention advanced on behalf of the petitioners relate to
non-obtainment of social impact assessment report, which, according to the
petitioners are very material and the mere obtainment of environmental impact
assessment alone would not suffice.
36. The petitioners place emphasis upon Section of the Act to drive home
their point that while placing the matter the Committee for Environmental
Impact Assessment, it is necessary that the report relating to Social Impact
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Assessment should also be placed before the said committee so as to take a
holistic view with regard to the continuance of the project.
37. It is the well accepted legal proposition that where a project impacts
the environment, necessarily environment clearance is of utmost importance and
in the present case, the acquisition of land, which would lead to displacement of
individuals, in normal circumstances, social impact assessment requires to be
carried out to find out whether it is not affecting the social fabric of the area.
However, in the affidavit, the petitioners themselves have averred that social
impact assessment report is placed at the time of environmental impact
assessment, but in cases where the project relates to irrigation, while
environmental impact assessment is mandatory, social impact assessment is not
necessary.
38. In the present case, the project, which is a pan-India project, relates to
inter-linking of rivers to utilise the water resources, which is not only for irrigation
purposes, but for the all purposes. The enormity of the project is even known to
the petitioners, which is evident from the affidavit filed in support of their
petitions, which clearly shows that environmental impact assessment is
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mandatory. Considering the scope and extent of the project, it would be clear
that social impact assessment is not necessary as the benefit of the public at
large has to be looked into rather than the persons, who would be affected by
the said project, which fact has also been admitted by the petitioners. Such being
the case, the project which involves irrigation as well in addition to other
concerns relating to tapping and utilisation of water, there is no requirement for
a social impact assessment to be made while acquiring the lands for the project.
39. Though the petitioners contend that only to circumvent the non-
submission of social impact assessment, reference has been made to Section 6
(2) of the Act and it is submitted that it is applicable only where under some law
it is shown that environmental impact assessment alone is sufficient, then social
impact assessment may not be resorted to. In this regard, it is the stand of the
respondents that where the project is for irrigation purposes, social impact
assessment report is not necessary and in this regard Section 8 (2) of the Act has
been pointed out and contended that the same has been published even in the
preliminary notification in Form IV. In this regard, it is to be pointed out, as
aforestated, that the project involves harnessing the water resources flowing in
the rivers in the country for best utilisation and usage, which includes irrigation
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as well, which is not in dispute and such being the case, there would be a full-
fledged environmental impact assessment study, which has been undertaken and
which is not disputed by the petitioners and, therefore, there is no necessity for
submitting any social impact assessment report before the environmental impact
assessment committee, moreso, when the said aspect has already been
published in the preliminary notification, as mandated under the Act and,
therefore, the contention in this regard deserves negation.
40. The last of the submissions relates to procedural violations with regard
to various provisions of the Act in the acquisition of lands. Many provisions have
been pointed out by the petitioners to contend that the said provisions are only
to safeguard the interests of the land owners from wrongful acquisition, which
have to be followed, but the said provisions have been given a go-by, which
vitiates the acquisition.
41. In this regard, a perusal of the counter filed by the respondents reveal
the process undertaken for complying with the provisions of the Act and for
better appreciation, the relevant portion is quoted hereunder :-
“6. It is submitted that the writ petitioner herein
Tmt.Anusha Suresh Kumar Adithiya and the other pattadar
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namely Tmt.B.Neelaveni submitted their written objections
through to the acquisition of their land on 02.05.2022. The
said objection petitions were forwarded to the requisitioning
authority namely the Executive Engineer. Water Resources
Organisation, Special Division Kulithalai for their remarks and
the remarks were obtained vide his office Letter
No.88/u.Po/Ko/Manukkal/2022 dated 15.06.2022. After
careful consideration of the objections filed by the petitioner
herein with reference to the connected records of enquiry, the
4th respondent in the Authority of Appropriate Government
herein has passed a detailed order under Section 15(3) of the
Act 30 of 2013 vide his proceedings in Na.Ka.No.A1/717/2022
dated 17.06.2022. Agitating the same, the petitioner herein
has filed this writ petition.
7. It is submitted that upon the publication of the
preliminary notification under Sub Section (1) of Section 11 by
the District Collector, the Administrator for Rehabilitation and
Resettlement namely the Revenue Divisional Officer. Kulithalai
has conducted a survey and census of the affected families and
submitted the draft Rehabilitation and Resettlement Scheme
for the project under Rule 15(2) of the RFCTLARR rules 2017
vide his proceedings in R.C.No.A2/3356/2022 dated
19.07.2022. The said draft Rehabilitation and Resettlement
Administrator's notification dated 19.07.2022 was duly
published under Section 16(4) of the Act 30/2013 in Karur
District Gazette No.53 (English) and No.66 (Tamil) on
20.07.2022 and the same was also published in the Dinakaran
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Tamil Daily and also in the English Daily "The Times of India"
on 22.07.2022.
8. It is submitted that the 4th respondent herein vide his
proceedings in A1/862/2022 dated 23.08.2022 submitted the
scheme report to the Commissioner of Rehabilitation and
Resettlement/Commissioner of Land Administration, Chennai
for approval of the scheme and the said Draft Scheme was
approved by the commissioner of Rehabilitation and
Resettlement/commissioner of Land Administration Chennai
vide his proceeding sin H1/3142340/2022 dated 06.10.2022.
Accordingly the declaration under Section 19(1) of the Act was
notified by the 4th respondent vide his proceedings dated
08.02.2023 in Na.Ka.No.A1/52/2023 and the same was
published in the English Daily "The Hindu" and also in the
Tamil Daily "Dhinakaran" on 16.02.2023 and also duly
published in the various public officers vide this office public
notice in Na.Ka. No.A1/52/2023 dated 20.02.2023 under
Section 21(1) of the Act.
9. It is submitted that land owners/ interested persons
including the writ petitioner herein whose lands are declared
under acquisition were directed to appear for Award Enquiry
on 12.04.2023 at 11.00 am., before this respondent at the
office of the Special Tahsildar (Land Acquisition) Unit-III,
Kulithalai along with the documentary evidences to prove their
title over the land 16111 under acquisition. It is submitted that
the said award enquiry notice in Na.Ka.No.A1/52/2023 dated
bts 01.03.2023 was duly served on the writ petitioner and
another named Tmt. Neelaveni by Register Post with
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Acknowledgement on behalf of the petitioner, one and
submitted records and sought for adjournment to Thiru. Suruli
appeared for Award enquiry on 12.04.2023 produce additional
documents. On 12.09.2023, on behalf of the petitioner. Thiru.
Suruli appeared for Award Enquiry and submitted documents
to prove their title, in respect of the lands under acquisition in
S.No.957A/18A (7.46.20 Hect) and S.No.957A/18E (1.22.85
Hect) in Nangavaram South I Village, Kulithalai Taluk, Karur
District. He has also submitted the details of Bank account and
other relevant documents to prove their ownership over the
lands under the acquisition. In Nangavaram South I Village,
through Private Negotiation, to an extent of 7.05.64 Ha. has
been registered to requesting body by land owners and
compensation has been paid to them. The Award is proposed
to be passed on 16.10.2023 in respect of the remaining lands
to an extent of 20.18.46 Hectares of land in Nangavaram
South-1 Village Kulithalai Taluk, Karur District including the
lands of the writ petitioner herein. At this stage, the petitioner
has filed this writ petition challenging the notification under
Section 13(1) in IV of the Act 30/2013 and the consequential
proceedings of the 4th respondent dated 17.06.2022 which is
not maintainable either in law or on facts and hence it may be
rejected summarily as devoid of merits.
10. It is submitted that the averments of the petitioner
made in Paras (1) to (4) of the affidavit are denied as false and
exaggerated in nature. It is submitted that the Government in
their G.O.(Pt). No.115 Public Works Department dated
03.04.2020 and in G.O.(Ms).No.169 Water Resource
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Department dated 26.11.2021 have accorded administrative
sanction to acquire the lands in various villages situated in
Krishnarayapuram and Kulithalai Taluk of Karur District under
the provisions of Act 30 of 2013 for the implementation of
Cauvery-Vaigai- Gunder interlinking canal project. The said
project of "Formation of Flood Carrier Canal from Cauvery
(Kattalai) to South Vellar River to divert the flood water for
sustaining drinking water needs and recharging ground water
in the drought prone area of Karur. Trichy and Pudukottai
District which is Phase-I of Cauvery (Kattalai)-Vaigai- Gundar
flood carrier project. As per the land plan schedule of the
requisition body, an extent of 427.81.21 Hectares of patta
lands are to be acquired in 17 Villages in two taluks of Karur
District for the formation of the canal running 48 Kms length.
It is submitted that, For this project so far, the lands to an
extent of 236.36.83 Hectares were update acquired through
Private Negotiation and the compensation amount of
Rs.192.45 Crores have been disbursed to the land owners of
whose lands were acquired. A sum of Rs.131.00 Crores fund
har been allotted for the Financial year 2022-2023 for Land
acquisition. And for the Financial year 2023-2024. Rs.218.00
Crores fund has been allotted by the Government for land
acquisition. The Award for the Nanagavaram South-1 Village
wherein the petitioner's lands are under Acquisition is to be
passed on 16.10.2023. Hence the contentions of the petitioner
do not deserve any consideration.”
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42. The manner in which the acquisition has proceeded has been spelt out
in the counter affidavit, which has been extracted supra. From the contents of
the said counter, which is filed in the lead case in W.P. (MD) No.21648/2023,
which is not in dispute, the procedures contemplated for acquisition of land by
the Government has been spelt out, which shows that the procedures have been
followed. Further, it also transpires that pursuant to the acquisition proceedings,
the compensation for the lands so acquired was computed and an award had
come to be passed. It is further seen from the counter that various sums
towards the compensation payable for the land so acquired were specifically
allotted in the respective financial years in the budget for payment of
compensation.
43. It is not the case of the petitioners that the procedure, as has been
spelt out in the counter, has not been followed by the respondents and that the
enquiry has not been conducted. The case of the petitioners is only to the extent
that the manner in which consideration of their objections have been made is not
proper. It is to be pointed out that the petitioners have partaken in the enquiry
process, which has culminated into the passing of the award. The petitioners
having partaken in the enquiry process and at no point of time having challenged
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the acquisition proceedings, under the guise of certain procedural flaws, which
procedures are alleged to have not been followed, cannot come before this Court
and claim that the acquisition process is bad at a posterior point of time and at
the same time also submit that the acquisition process is premature,
notwithstanding the fact that NWDA is seized of the matter and steps are being
taken for inter-linking of the rivers. Though there may be certain difficulties in
the form of State objections, as placed before this Court, that would not in any
way affect the process as a whole and the parallel process in which the project is
sought to be taken up by the State cannot be put in issue, as the manner in which
the project is to be taken up is within the domain of the State authorities.
44. In the present case, the procedural violations, which are alleged by the
petitioners, cannot be the basis for this court to set at naught the land acquisition
proceedings on the contentions advanced, moreso, when the project is in public
interest as the interest of the larger public would predominantly prevail over
individual interest. Therefore, the contention relating to procedural violations
also deserve to be rejected.
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45. On a holistic consideration of the case and also the interest of the
public involved in this matter, the contentions advanced by the petitioners does
not deserve acceptance and the same requires to be rejected and, accordingly, all
the contentions fail and the writ petitions are liable to be dismissed.
46. Accordingly, all the writ petitions fail and they are dismissed.
Consequently, connected miscellaneous petitions are closed. There shall be no
order as to costs.
(M.D.I.J.) (N.D.K.J.)
09.10.2026
Index : Yes / No
GLN
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To
1. The Director General
National Water Development Agency
18-20, Community Centre, Saket
New Delhi 110 017.
2. The Prl. Secretary to Government
Public Works Department (Water Resources
Organisation), Govt. Of Tamil Nadu
Fort St. George, Chennai 600 009.
3. The District Collector
Karur District, Karur.
4. The Special District Revenue Officer
(Land Acquisition)
CVG Link Canal Project
Karur.
5. The Additional Secretary
Revenue, Land and Disaster
Management Department
Govt. Tamilnadu, Chennai.
6. The Commissioner of Land Administration
Commissionerate of Land Administration
Chepauk, Chennai.
6. District Collector
Pudukottai District
Pudukottai.
7. The Executive Engineer
Water Resources Department/WRO
Special Project Division (CVG Link Project)
Pudukottai.
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8. The Special District Revenue Officer (Land Acquisition)
Cauvery-Vaigai-Gundar Link Project
District Collectorate
Pudukottai, Pudukottai District.
9. The Special Thasildar (Land Acquisition)
Unit-2, Cauvery-Vaigai-Gundar Link Project
Keeranur, Pudukottai District.
10.The Chief Engineer
National Water Development Agency (NWDA)
18-20, Community Centre
Government of India
Saket, New Delhi – 110 017.
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M.DHANDAPANI, J.
AND
N.DILIPKUMAR, J.
GLN
PRE-DELIVERY ORDER IN
W.P. NOS.21648 OF 2023
W.P. NOS. 2871, 5160,
18824 & 20281 OF 2024
Pronounced on
09.10.2026
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