“Water Bodies Can't Be Obliterated In Name Of Public Interest”: Madras HC Directs State To Open Website With Details Of Waterbodies Across TN

The Madurai bench of Justice GR Swaminathan and Justice B Pugalendhi observed that water bodies belonged to the society and though their ownership technically existed with the government, it also belonged to other living beings and thus it was the duty of the officials to ensure that the quality of water was not affected in any manner. The court also made it clear that water bodies could not be obliterated in the name of public interest.

“Water bodies belong to the society. Their ownership may technically rest in local bodies/departments/government. But they are a gift of nature and have to be available not only for human beings but also animals and birds. We notice that water bodies have been corporatised. The licensees to enhance their profit, indulge in unsustainable practices. It is the duty of the officials to ensure that the quality of water is not affected in any manner. Whenever tender notices are issued, appropriate conditions shall be incorporated so as to effectuate the direction set out in this clause,” the court observed.

The court was hearing a plea challenging the laying of roads on the tank bunds of two very large water bodies in Madurai – Thenkal Kanmoi and Vandiyur Kanmoi.

Though the court agreed that damaging a tank bund was an offense under Section 8(d) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, in the present case, after local inspection of the project site, the court opined that the project will not reduce the water spread area but will only increase the storage capacity.

The court also noted that the petitioner should have approached the court when the project was conceived. The court added that it could not accept the argument of the petitioner primarily since the project works had been already completed substantially and since the project had been conceived in the larger public interest.

However, considering that the courts were dealing with pleas against water body encroachment regularly, the court deemed it fit to issue directions to the State Government to set up the website as stated above.

The court added that the website was meant for viewing for all and shall be opened within 6 months. The exercise of collating the details will be undertaken from the village level onwards and certified at the Taluk level. If the details were found to be incorrect, appropriate action would be initiated against the persons responsible for furnishing the incorrect data. Thus, the officials were expected to conduct proper physical inspection and verify all the government records.

The court further directed that all the encroachments in the water bodies shall be identified and removed after issuing notice to the encroachers and any construction made will be demolished. The court highlighted that no further encroachments shall be permitted or regularised.

The court also said that any patta issued in respect of a water body after January 1^st, 2000 shall be canceled and water bodies shall be restored to their original position. The court highlighted that any development project will have to be undertaken without affecting the integrity of the water bodies.

Counsel for the Petitioner: Mr.T.Lajapathi Roy, Senior Counsel for Mr.R.Alagumani

Counsel for the Respondents: Mr. K. Govindarajan, Deputy Solicitor General of India for R1 to R3 & R14 Mr. P.S. Raman, Advocate General assisted by Mr. K. Balasubramani, Spl. Government Pleader for R4 to R13 and R15 & R16 Mr.Isaac Mohanlal, Senior Counsel for M/s.Isaac Chambers for R17, Mr.C.Arul Vadivel @ Sekar, Senior Counsel for Mr.Aayiram K.Selvakumar for R17 Mr.S.Srinivasaraghavan for R18 Mr.N.Tamil Mani for R19

Citation: 2024 LiveLaw (Mad) 103

Case Title: R Manibhyarathi v Union of India and Others

Case No: WP(MD) Nos.31214 & 31221 of 2023