High Court · 2024

W.P.No.9654 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.04.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.9654 of 2022andW.M.P.No.9397 of 2022M.Senthamarai Kannan...Petitioner -Vs-1. The Asset Manager, Oil and Natural Gas Corporation Limited, Cauvery Asset Project Office, Neravy Office Complex, Karaikal – 609 604.2. The Collector, Cuddalore District, Cuddalore – 607 001.3. The Pollution Control Board, Rep. by its Secretary, No. 76, Mount Salai, Guindy, Chennai – 600 032. ...RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to enquire into the complaints made by the petitioner by letter dated 14.03.2022 regarding the activities being carried on by ONGC, Cauvery Asset Office, Karaikal in the agricultural lands belonging to the Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022petitioner in Survey No.194/2A, 191/1A and 191/2 in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District and pass order in accordance with law after giving an opportunity of personal hearing to the petitioner to explain his grievances within a time frame to be fixed by this Court. For Petitioner : Mrs.Nalini Chidambaram Senior Counsel for Ms.C.UmaFor R1 : Mr.Mohammed Fiyaz AliFor R2 : Mr.E.Vijay Anand Additional Government Pleader For R3 : M/s.Shanmugavalli Sekar Standing Counsel ORDERThis Writ Petition has been filed for the issuance of Writ of Mandamus, directing the 1st and 2nd respondent to enquire into the complaints made by the petitioner by letter dated 14.03.2022 regarding the activities being carried on by ONGC, Cauvery Asset Office, Karaikal in the agricultural lands belonging to the petitioner in Survey No.194/2A, 191/1A and 191/2 in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District and pass order in accordance with law after giving an Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022opportunity of personal hearing to the petitioner to explain his grievances within a time frame to be fixed by this Court. 2. Heard the learned counsel on either side and perused the materials available on record.3. The petitioner owned 6 acres of agricultural lands comprised in Survey Nos.189/1, 189/2A, 189/2B, 191/1A, 191/2, 178/4A and 194/2A in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District. While being so, in the year 2011, the first respondent proposed to conduct an experiment in Cuddalore District for the Cauvery Assets Project in order to explore the gas deposits in the said region. Accordingly, the first respondent had entered into the land owned by the petitioner in S.No.194/2A ad-measuring 1.13 acres and portions in S.No.191/1A ad-measuring 29 cents and S.No.191/2 ad-measuring 71 cents in Thunisiramedu Village. However, there was no formal agreement entered by the first respondent and the land owners and they were also not informed about the period of time, the nature of the Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022experiment and the compensation payable to the owners. Thereafter, first respondent stopped the experiment and they failed to clean the place and they have not removed the chemical wastage and polluted the water which were accumulated in the petitioner's land during the course of the experiment carried out by the first respondent. That apart, without cleaning the polluted water, the ponds which were dug up by the first respondent were filled with rain water and the polluted water was absorbed by the soil. On account of the same, the petitioner was unable to cultivate in the land. Therefore, the petitioner submitted a complaint.4. A perusal of the counter filed by the third respondent and the submission made by the learned Standing Counsel for the third respondent revealed that on receipt of the complaint, the third respondent made an inspection and observed as follows:-“ a) The site is found vacant, and there is no any machinery. b) Two ponds with a depth of about half foot was found filled with rain water in the site. c) The concrete platform which was used by M/s ONGC for carrying out the test bore well was found in demolished condition. There is no any solid or liquid waste found. d) The site was found to be grown with 'Juli Flora' (Karuvela Trees) and there is no cultivation in the surrounding vicinity of the site.”Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 20225. A perusal of the counter filed by the first respondent and the submissions made by the learned counsel for the first respondent revealed that the land is not experimented so far. However, the land in which the experiment was conducted were mentioned as S.Nos.194/2A, 191/1A and 191/2. Though these lands belong to some other person, part of the land comprised in S.No.191/2 belongs to the petitioner. Further, as stated by the third respondent, the land owned by the petitioner was used by the first respondent for carrying out test bore well, by digging up concrete platform and it was found in demolished condition. Further, the first respondent also conducted meetings with the land owners and assured that the land will be resorted to the full satisfaction of the land owners as well as strictly complying to all the guidelines set by the Ministry of Environment, Forest and Climate Change. The restoration process is not yet completed because the entry to the respective land has been illegally blocked by the land owners.Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 20226. In view of the above, the first respondent is directed to restore the petitioner's land in its original position, within a period of twelve weeks from the date of receipt of a copy of this order, on condition that the petitioner shall co-operate with the first respondent while restoring the land.7. With the above directions, this writ petition is disposed of. Consequently connected Miscellaneous petition is closed. There shall be no order as to costs.10.04.2024Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022To1. The Asset Manager, Oil and Natural Gas Corporation Limited, Cauvery Asset Project Office, Neravy Office Complex, Karaikal – 609 604.2. The Collector, Cuddalore District, Cuddalore – 607 001.3. The Secretary, The Pollution Control Board, No. 76, Mount Salai, Guindy, Chennai – 600 032.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022G.K.ILANTHIRAIYAN. J,mnW.P.No.9654 of 202210.04.2024Page 8 of 8

W.P.No.9654 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.04.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.9654 of 2022andW.M.P.No.9397 of 2022M.Senthamarai Kannan...Petitioner -Vs-1. The Asset Manager, Oil and Natural Gas Corporation Limited, Cauvery Asset Project Office, Neravy Office Complex, Karaikal – 609 604.2. The Collector, Cuddalore District, Cuddalore – 607 001.3. The Pollution Control Board, Rep. by its Secretary, No. 76, Mount Salai, Guindy, Chennai – 600 032. ...RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to enquire into the complaints made by the petitioner by letter dated 14.03.2022 regarding the activities being carried on by ONGC, Cauvery Asset Office, Karaikal in the agricultural lands belonging to the Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022petitioner in Survey No.194/2A, 191/1A and 191/2 in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District and pass order in accordance with law after giving an opportunity of personal hearing to the petitioner to explain his grievances within a time frame to be fixed by this Court. For Petitioner : Mrs.Nalini Chidambaram Senior Counsel for Ms.C.UmaFor R1 : Mr.Mohammed Fiyaz AliFor R2 : Mr.E.Vijay Anand Additional Government Pleader For R3 : M/s.Shanmugavalli Sekar Standing Counsel ORDERThis Writ Petition has been filed for the issuance of Writ of Mandamus, directing the 1st and 2nd respondent to enquire into the complaints made by the petitioner by letter dated 14.03.2022 regarding the activities being carried on by ONGC, Cauvery Asset Office, Karaikal in the agricultural lands belonging to the petitioner in Survey No.194/2A, 191/1A and 191/2 in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District and pass order in accordance with law after giving an Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022opportunity of personal hearing to the petitioner to explain his grievances within a time frame to be fixed by this Court. 2. Heard the learned counsel on either side and perused the materials available on record.3. The petitioner owned 6 acres of agricultural lands comprised in Survey Nos.189/1, 189/2A, 189/2B, 191/1A, 191/2, 178/4A and 194/2A in Thunisiramedu Village, Chidambaram Taluk, Cuddalore District. While being so, in the year 2011, the first respondent proposed to conduct an experiment in Cuddalore District for the Cauvery Assets Project in order to explore the gas deposits in the said region. Accordingly, the first respondent had entered into the land owned by the petitioner in S.No.194/2A ad-measuring 1.13 acres and portions in S.No.191/1A ad-measuring 29 cents and S.No.191/2 ad-measuring 71 cents in Thunisiramedu Village. However, there was no formal agreement entered by the first respondent and the land owners and they were also not informed about the period of time, the nature of the Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022experiment and the compensation payable to the owners. Thereafter, first respondent stopped the experiment and they failed to clean the place and they have not removed the chemical wastage and polluted the water which were accumulated in the petitioner's land during the course of the experiment carried out by the first respondent. That apart, without cleaning the polluted water, the ponds which were dug up by the first respondent were filled with rain water and the polluted water was absorbed by the soil. On account of the same, the petitioner was unable to cultivate in the land. Therefore, the petitioner submitted a complaint.4. A perusal of the counter filed by the third respondent and the submission made by the learned Standing Counsel for the third respondent revealed that on receipt of the complaint, the third respondent made an inspection and observed as follows:-“ a) The site is found vacant, and there is no any machinery. b) Two ponds with a depth of about half foot was found filled with rain water in the site. c) The concrete platform which was used by M/s ONGC for carrying out the test bore well was found in demolished condition. There is no any solid or liquid waste found. d) The site was found to be grown with 'Juli Flora' (Karuvela Trees) and there is no cultivation in the surrounding vicinity of the site.”Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 20225. A perusal of the counter filed by the first respondent and the submissions made by the learned counsel for the first respondent revealed that the land is not experimented so far. However, the land in which the experiment was conducted were mentioned as S.Nos.194/2A, 191/1A and 191/2. Though these lands belong to some other person, part of the land comprised in S.No.191/2 belongs to the petitioner. Further, as stated by the third respondent, the land owned by the petitioner was used by the first respondent for carrying out test bore well, by digging up concrete platform and it was found in demolished condition. Further, the first respondent also conducted meetings with the land owners and assured that the land will be resorted to the full satisfaction of the land owners as well as strictly complying to all the guidelines set by the Ministry of Environment, Forest and Climate Change. The restoration process is not yet completed because the entry to the respective land has been illegally blocked by the land owners.Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 20226. In view of the above, the first respondent is directed to restore the petitioner's land in its original position, within a period of twelve weeks from the date of receipt of a copy of this order, on condition that the petitioner shall co-operate with the first respondent while restoring the land.7. With the above directions, this writ petition is disposed of. Consequently connected Miscellaneous petition is closed. There shall be no order as to costs.10.04.2024Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022To1. The Asset Manager, Oil and Natural Gas Corporation Limited, Cauvery Asset Project Office, Neravy Office Complex, Karaikal – 609 604.2. The Collector, Cuddalore District, Cuddalore – 607 001.3. The Secretary, The Pollution Control Board, No. 76, Mount Salai, Guindy, Chennai – 600 032.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.9654 of 2022G.K.ILANTHIRAIYAN. J,mnW.P.No.9654 of 202210.04.2024Page 8 of 8