The Hindu : Tamil Nadu / Chennai News : High Court calls for measures to remove encroachments

Online edition of India's National Newspaper
Thursday, Jun 30, 2005

Tamil Nadu

Tamil Nadu - Chennai

High Court calls for measures to remove encroachments

Special Correspondent

Government asked to restore water bodies to "original position" "It is imperative for the State to maintain the natural resources with a view to keep the ecological balance intact."

CHENNAI: Calling for a "ruthless and pitiless" removal of all structures encroaching on water bodies all over the State, the Madras High Court said the time had come for the State to take definite measures to restore tanks, ponds and lakes in its territory.

It directed the Government to "identify all natural resources in different parts of the State and, wherever illegal encroachments were found, to initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resources which have been classified as such in the revenue records to its original position, so that the suffering of the people of the State due to water shortage is ameliorated."

The First Bench comprising Chief Justice Markandey Katju and Justice F.M. Ibrahim Kalifulla was passing orders on a public interest litigation seeking direction to the Villupuram district administration to remove 5.7-acre encroachment on poromboke land at Tatchur in Kallakurichi taluk.

Fundamental duty

Referring to Article 51A(g) of the Constitution, the Bench said the provision made it a fundamental duty for every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife. This duty can be enforced by the court, it said.

The judges said: "It is imperative for the State to maintain the natural resources with a view to keep the ecological balance intact, and thereby provide a healthy environment to the public at large in the State of Tamil Nadu. Having regard to the precarious water situation prevailing in the major part of the year it is imperative such noted water storage resources such as tanks, odais, oornis, canals, etc., are not obliterated by encroachers."

Directing the State Government to make an overall study of all encroachments in respect of land classified as land for water storage, the Bench said: "In the present-day context, such a step is required to be taken by the State to improve the water storage facility since in many parts of Tamil Nadu people are suffering from an acute shortage of water."

The Advocate-General, N.R. Chandran, told the court that the State Government had imposed a total ban on any form of construction on any water resource in 2002. He said he would communicate the details of the order to the Government for action.

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