The Hindu : Tamil Nadu / Chennai News : High Court directive to State Government

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Friday, Oct 05, 2007
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Tamil Nadu

Tamil Nadu - Chennai

High Court directive to State Government

Special Correspondent

Finalise scheme to remove encroachments on water bodies

Wants State to complete eviction process by end of May 2008
Government must notify survey number of lands on various water bodies

CHENNAI: The Madras High Court has directed the Tamil Nadu Government to finalise a scheme for removing encroachments on water bodies and water courses in the State by the end of November 2007, and complete the eviction process by the end of May 2008.

Calling for stern action against land grabbers who had sold land on water bodies to “innocent purchasers,” the court said the Government must notify the survey number of the lands on various water bodies and the Registration Department concerned should not register any transaction falling under such notified areas.

No civil court should entertain any suit or proceedings in encroachment removal matters, and petitions filed in the High Court should be listed only before the First Bench, the order read.

A set of directions to this effect was issued by the First Bench, comprising Chief Justice A.P. Shah and Justice P. Jyothimani, on public interest litigation petitions filed by the Citizens, Consumer and Civic Action Group (CAG) and the Anti-Corruption Movement.

The Bench said the State Government was at liberty to consider, in appropriate cases, grant of alternative sites for relocation of encroachers as per their policy decision. While implementing the court orders, the local authority concerned as well as the police will extend their cooperation to the Public Works Department and the Collectors, it said.

It also restrained civil courts from entertaining suit or proceedings filed by persons aggrieved by the action taken by the authorities.

Recording the Government Pleader Raja Kalifulla’s submission that the Porur lake near Chennai had been cleared of all encroachments, the Bench said in case of any encroachment in future it would be open to the authorities to remove them even without issuing notice to encroachers.

The Bench further directed District Collectors to keep a close watch over water bodies, which have been cleared of encroachers. It said officials were at liberty to remove such encroachments with police help, whenever necessary, “without notice to encroachers.” It directed the PWD Secretary to file an action taken report on or before June 15, 2008.

The CAG had sought to bar authorities from changing the original use of water catchment and groundwater areas in Tamil Nadu for any other use or for developmental activities.

The Anti-Corruption Movement sought to declare all encroachments in water bodies as illegal, unconstitutional and a crime against mankind, and consequently direct the authorities to evict all types of encroachments on lands under the control of the PWD and the local bodies.

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