The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy on perusing the report said: “No further permission in such regard may be issued, whatever may be the advanced level that the applications may have reached.” “The considered view of the State based on expert opinion needs to be in place before any further action. If only to set an example that mistakes may not only be committed by private citizens but also by the State and such mistakes are capable of being remedied, police station may not be allowed to function at the present site,” the bench held.
Further, on pointing out the consequence of the unending invasion of water bodies in the name of development, the bench sought the State to take decisive steps to define the future course of action and the wanton disrespect for nature.
Based on this the bench sought the State to hold a scientific study and provide a template for the town and country planners all over the State to follow so that both nature on the one hand, and development and construction, on the other, can co-exist.
However, on pointing out that the report also indicates that the mere razing of the newly constructed police station may not restore the waterbody given the “high level of encroachments within the indicative tank boundary”, the bench sought the State to obtain expert advice as to how best the situation may be remedied and at least a part of the waterbody restored by displacing or dislodging the least number of houses or persons.”
The bench posted the plea for further hearing to September 6 for the State to indicate its preliminary view.