Water bodies can’t be encroached: Madras High Court

CHENNAI: The Madras high court has observed that time has come for the state to take definite measures to protect and safeguard water resources including lake, tanks, odai, oornis and canals.

Encroachments on water bodies cannot be allowed even if they are not in use for a long period.

A Full bench comprising Chief Justice Sanjay Kishan Kaul and Justices M. Sathyanarayanan, and T.S. Sivagnanam said, “Tamil Nadu having regard to the precarious water situation prevailing in the major part of the year, it is imperative that water storage resources are not obliterated by encroachers and encroachments on the water bodies cannot be allowed even though they are not in use for a long period.”

Pulling up revenue authorities for turning a blind eye to encroachments on lands which have, canals/channels through which water flows into such bodies, the court said: “No one user has the right to abuse or dispose of the common property. Any dealing with the property has to take into account the entitlements of others. Besides, users of common property share rights to the resource and are subject to rules and restrictions governing the use of those resources.”

The bench was dealing with a PIL filed by T.K. Shanmugam, secretary, CPI (M) North Chennai district committee. In the petition, Shanmugam sought a direction to the revenue authorities to grant patta for land encroached in Korattur Eri as per GOs dated December 30, 2006 and October 3, 2008.

The Chennai collector refused patta as the land was a water course land.

The bench said GOs since 2006 with particular reference to encroachments in water bodies were in clear violation of the public trust doctrine. Unfortunately, the state, by passing the GOs, actively encouraged encroachers of water bodies, to indulge in illegal and unlawful activities and also bent upon regularising their possession which has to be deprecated, the bench added.