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