BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12/11/2009
CORAM
THE HONOURABLE MR.JUSTICE D.MURUGESAN
and
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD) No.2799 of 2007
1. Dr.R.S.Lal Mohan
Former Principal Scientist of
Indian Council of Agriculture Research
(Govt. of India)
Chairman
Nature Trust
43/C, Water Tank Road, Nagercoil
Kanyakumari District
2. Mr.Mano Thangaraj
3. R.Nagarajan
President
Manithavalam Iyarkai Mattrum
Chuttru Chulal Mempattu Arrakattalai
Santhi Nigethan, Villkuri Post
Kanyakumari District
4. K.Pathma Doss .. Petitioners
versus
1. The Executive Engineer (WRO)
Public Works Department
Kanyakumari District
2. The District Collector
Kanyakumari District
Nagercoil
3. The Assistant Environmental Engineer
Pollution Control Board
No.49, Ambrose Street
Nagercoil
Kanyakumari District 629 001 .. Respondents
Petition under Article 226 of the Constitution of India for the issue of a
Writ of Mandamus forbearing the respondents and their subordinates from leasing
out the public tanks in Kanyakumari District for the purpose of cultivation of
lotus plants in favour of private persons.
!For Petitioner ... Mr.T.Arul
^For Respondents ... Mr.R.Janakiramulu
Special Government Pleader
for R1 & R2
Mr.R.Ramanlaal for R3
:ORDER
D.MURUGESAN, J.
This pro bono publico petition is filed by the petitioners seeking for a
direction to the official respondents, namely, the Executive Engineer (WRO),
Public Works Department, the District Collector, the Assistant Environmental
Engineer, Tamil Nadu Pollution Control Board, Kanyakumari district and their
subordinates from leasing out the public tanks in that district for the purpose
of cultivation of lotus plants in favour of private persons. The affidavit filed
in support of the petition has been sworn to by Dr.R.S.Lal Mohan, the first
petitioner, who is the Chairman of Conservation of Nature Trust. He was the
former Principal Scientist to the Indian Council for Agricultural Research,
Government of India and a public spirited person who is striving for the
protection and conservation of environment in Kanyakumari district. He has been
consistently involved in major projects in and across the country with a view to
protect and preserve the environment and ecology.
2. As per the averments made in the affidavit filed in support of the
petition, it is seen that Kanyakumari district is one of the smallest districts
in the State of Tamil Nadu and it consists of numerous water bodies such as
ponds, lakes, rivers, etc. The major source of water for the purpose of
drinking and agricultural use for the district is the ponds and rivers. As per
the census taken in the year 1962, in Kanyakumari district, more than 3500 tanks
were noticed and identified. It was noticed that in the year 1998, more than
1000 tanks were lost. The cultivation of lotus plants in the remaining tanks by
the official respondents has resulted in huge ecological imbalance. Due to the
evaporation of water in the tanks, the storage area is sizeably reduced. The
cultivation of lotus plants also results in siltation of the tank to a large
extent when the lotus leaves along with other weeds grow and choke the pond and
the depth of the pond decreases when the leaves die, disintegrate and settle
down in the bottom. When the tank is full of lotus leaves, stems and roots die
and disintegrate after about three months. The decayed and decaying plant matter
renders the water unfit for consumption and use. The accumulation of excess
nutrients in the tank results in excessive “algae” growth and “aquatic weed”
growth and the area becomes swamped with algae and foreign species starving the
water body of precious oxygen, essential for the survival of aquatic animal
life.
3. The above situation has been created by the Executive Engineer (WRO),
Public Works Department in periodically leasing out the public tanks for the
purpose of cultivation of lotus plants every year. Therefore, the petitioners
have come up by way of the present writ petition in public interest for the
relief which we have referred to earlier.
4. We have heard Mr.T.Arul, learned counsel appearing for the petitioners,
Mr.R.Janakiramulu, learned Special Government Pleader for the respondents 1 & 2
and Mr.R.Ramanlaal, learned counsel for the third respondent.
5. The lotus or water lily is an aquatic plant with broad floating green
leaves and bright fragrant flowers that grow only in shallow waters. Lotus,
prized for its serene beauty, is delightful to hold, as it’s blossoms open on
the surface of a pond. It is perhaps the most spectacular plant in aquatic
environment. Lotus is a perennial plant growing from a thick rizomes. In India,
the lotus flower is associated with Goddess of Wealth. In Buddhism, it
signifies purity, trustworthiness, consciousness, integrity, enlightenment,
eternal and above all, a virtuous man. It is also a spiritual symbol for most
of the Hindus who believe in it. The plant is also used for medicinal purposes.
Above all, it is our national flower.
6. In spite of the above significance of the lotus plant, certain impact
on soil/surface, water and air pollutions caused due to the commercial growth of
the plant in tanks has received the attention of activists concerned with the
conservation of environment. The grievance of the petitioners is to be
considered with reference to such impacts on environment. A scientific study on
such impacts would reveal the following. As far as the soil/surface pollution
is concerned, the luxurious growth of lotus leaves used to clog the ponds and
the evaporation was directly proportional to the surface area. The thick growth
of lotus in ponds will increase evaporation and transpiration of the water
faster and dry up the ponds. The lotus leaves prevent the sunrays from falling
on the bottom of the ponds, the decomposition of the debris increases and
enhances the production of hydrogen sulphate and carbon-di-oxide. The surface
plants are rooted in the bottom of the pond and their leaves and floral shoots
rise above the water level. So they prefer the shallow parts and shores of
ponds. Almost without exception, surface flora are undesirable and should be
kept down because they (i) lead to silting up of ponds, (ii) cut off light and
reduce production; oxygen also is reduced, (iii) obstruct feeding of fish, (iv)
deprive the pond of plankton and instead work it into non-decomposable
cellulose, (v) make the pond unproductive, by extensive penetration of the
bottom by the roots, (vi) make pond management more difficult. Soil or surface
pollution is mostly attributed to mushroom planting of weeds in ponds. Weeds are
plants that are “out of place” and whose potentialities for harm are greater
than for good; they are not so noxious as they are undesirable. Actually, weeds
are greatly responsible for ineffective utilisation of waters and for the
reduced productivity of inland waters. Weeds (i) utilise most of the nutrients,
(ii) cause carbon-di-oxide accumulation, (iii) cause formation of hydrogen
sulphide, methane and other toxic gases, (iv) lead to swamp formation, (v) lead
to oxygen depletion, (vi) algal blooms choke gills, or rot and spoil the water.
7. So far as the water pollution is concerned, the presence of aquatic
weeds result in eutrophication of wet lands. It also hinders free flow of water
in canal and causes damage to irrigation structures. When the tank is full of
lotus leaves, stems and roots die and disintegrate after about three months. The
decayed and decaying plant matters of the organic debris render the water foul
and colour of the water itself changes to brown. This coloured water having
high organic content promotes further growth of the weeds as the water have
nutrient value and the aquatic weeds thrive on nutrient water. Eutrophication is
one of the major water quality problem affecting tanks. The accumulation of
excess nutrients in tanks result in excessive algae and aquatic weed growth and
the area becomes swamped with algae and foreign species starving the water body
of precious oxygen essential for the survival of aquatic animal life. When the
water body is rich in oxygen and has only a few nutrients, sunlight can
penetrate deep and many aquatic animals thrive. This is the condition when the
water is clear, healthy and is free from excessive nutrients. Cultivation of
lotus plants paves way for the growth of other aquatic weeds and it is a
breeding ground for mosquito and other insects. The cultivation of lotus alters
the colour and taste of water bodies and it renders the water unfit for
consumption. Recreation like bathing, swimming and sight-seeing are at stake in
weedy water bodies and it causes irritation and skin diseases. Floating plants
float upon the surface and are rooted in the water and not in the bottom of the
pond. They are found in profusion only in wind protected ponds (small tree-
lined ponds), rich in foodstuffs. They shade the pond and so are harmful.
Submerged ponds or weeds grow chiefly under the water surface. They are (i) the
natural food of many aquatics, (ii) ideal haunts of vegetation fauna, (iii) the
source for organic slime at the bottom, (iv) fertilizers of the pond when
decayed, (v) suppliers of oxygen. So they are not harmful, in limited
quantities; but in excess they are noxious, as they (i) shade the pond and (ii)
lead to either super-saturation, or depletion of oxygen. Surface plants like the
noxious Water-hyacinth (Eichornia) and Pistia choke up the water-surface. The
duck-weeds, Lemna and Azolla form green mats on the water-surface. The smaller
duck-weed, Wolfia, is small, green and grain-like. All these often form a
complete screen and cut-off sunlight and atmospheric gases. Nymphea (Lotus) and
Nelumbium are firmly rooted in the bottom, but their leaves float on the
surface. They often grow in such profusion as to choke the pond and reduce its
productivity. Profuse weeds cause wide fluctuations in hydro-logical conditions.
During growth there are few detrimental effects, because the dissolved oxygen
concentration is increased and inorganic nutrients are absorbed from water. At
the end of the growing season, or when the weeds are killed, their decomposition
may exert heavy demands on the oxygen resources of a water. In addition, large
quantities of nutrients may be released from this decaying mass.
8. Human infectious diseases are among the most serious effects of water
pollution, where sanitation may be inadequate or non-existent. Waterborne
diseases occur when parasites or other disease-causing microorganisms are
transmitted via contaminated water, particularly water contaminated by pathogens
originating from excreta. These include typhoid, intestinal parasites, and most
of the enteric and diarheal diseases caused by bacteria, parasites and viruses.
Among the most serious parasitic diseases are amoebiasis, giardiasis,
ascariasis, and hookworm.
9. So far as the air pollution is concerned, when the tank is full of
lotus leaves, stems and roots die and disintegrate after about three months and
as a result of the decayed and decaying plant matters, apart from the change in
the colour of water to brown colour due to the organic debris, bad odour and
foul smell emanates from such ponds which affects the environment including
human beings. Due to the excessive algae and weed growth, precious oxygen
essential for the survival of aquatic animal life is also lost. The stagnant
organic rich water caused by the cultivation of lotus leaves and other weeds
also indirectly contribute for the diseases like malaria, filaria, chikungunya,
dengue and other viral diseases.
10. Above all, as has been pointed out by the petitioners, Kanyakumari
district had nearly 3500 tanks in the year 1962 and in the year 1998, the tanks
were reduced to 2447. The district has lost almost 1000 tanks in between. One
of the main causes for degradation of tanks is due to the infestation of tanks
by aquatic weeds, gradually leading to encroachment. The cultivation of lotus
plants has resulted in siltation of the tanks to a large extent when the lotus
leaves along with other weeds grow and choke the pond and the depth of the pond
decreases when the leaves die, disintegrate and settle down in the bottom. When
the dead organic debris settle on the tank bed, it reduces the holding capacity
of the tank. The petitioners allegations in this regard have not been denied.
11. The above discussion would go to show that if the lotus plants are
grown on commercial basis and that too, by leasing out the tanks for their
cultivation, the result would be disastrous and it is obvious. The above facts
would show that when commercial cultivation of lotus in ponds is allowed, such
ponds could be characterized by very poor water quality, with high nutrient
loading as well as very high faecal coliform counts. Lakes and ponds will suffer
from environmental effects of increased population of lotus cultivation.The
surface area of the lake shrinks within memory. The silt fills up the lake, the
nutrients encourages the growth of weed and algae. The practice of farming on
floating beds also encroaches into the diminishing area of the lakes/ponds,
resulting in such floating beds becoming solid grounds. While considering the
significance and importance of lotus flower, when it is grown on commercial
basis, the impact on pollution is greater and cannot be ignored. The petitioners
have made a representation to the Executive Engineer (WRO), Public Works
Department, Kanyakumari district on 7.3.2007 bringing to his notice the ill-
effects of leasing out of the tanks for cultivation of lotus plants. As no
action was taken, they have also approached the District Collector with a
representation on 8.3.2007. These representations were also not considered. In
these circumstances, they have approached this Court by way of the present writ
petition. In our opinion and for the reasons which we have mentioned earlier,
we find every justification in the grievance of the petitioners. The protection
of tanks is of paramount importance, as the water stored in those tanks shall
cater to the needs of the public for drinking as well as for cultivation
purpose. It is the specific grievance of the petitioners that agriculture in
Kanyakumari district is depending upon the water supply from the storage tanks
only. The large scale growing and cultivation of lotus plants in the tanks which
are leased out to individuals, has resulted in soil/surface, water and air
pollutions. It is right time that the official respondents should be restrained
from leasing out the tanks for cultivation of lotus plants. According to the
petitioners, in the year 2004-2005, almost 230 tanks were leased out for lotus
cultivation. In the year 2007-2008, 129 further tanks were leased out. At that
point of time, the petitioners have approached this Court by way of the present
writ petition when further action was taken to lease out certain other tanks for
cultivation of lotus plants.
12. In view of all the above, we are of the considered view that the writ
petition has to be allowed. Accordingly, the writ petition is allowed. The
respondent-District Collector, Kanyakumari district and the concerned officials
of the Public Works Department are directed not to lease out any of the tanks
situate in the district for the purpose of cultivation of lotus plants after the
expiry of the current lease period, if any. We place on record our appreciation
for the sincere and earnest efforts taken by the petitioners, especially the
first petitioner, in bringing to the notice of this Court the ill-effects caused
due to the large scale cultivation of lotus plants in the ponds, tanks, lakes in
Kanyakumari district which are literally destroying the existing water bodies.
We may also place on record the valuable services of Mr.T.Arul, the learned
counsel for the petitioners, in exposing the cause of the public and also for
having assisted this Court in the matter. Consequently, M.P.(MD) No.2 of 2007
is closed. No costs.
ss
To
1. The District Collector
Kanyakumari District
Nagercoil
2. The Executive Engineer (WRO)
Public Works Department
Kanyakumari District
3. The Assistant Environmental Engineer
Pollution Control Board
No.49, Ambrose Street
Nagercoil
Kanyakumari District 629 001