Chennai

‘TN may draw SC ire for not executing order on water body encroachment’

The state government is likely to face a contempt of court charge for not following the SC’s orders concerning the removal of encroachments on water bodies.

migrator

Chennai

According to activists, the eviction of about 22 encroachments from the Baburajapuram tank area near Kumbakonam that was carried out on Wednesday has again exposes the fact that there is no sustained effort to curb the encroachment of water bodies. 

Activists pointed out that the Wednesday’s drive was carried out after one Thimagudi Mahalingam (76) moved a contempt petition against the officials for not acting on an order of the Madurai Bench of the Madras High Court. But RTI activist Swamimalai S Vimalnathan said encroachments, including a water bottling unit’s godown on the tank’s inlet and outlets, were left untouched. Mahalingam plans to move the court again. 

When Vimalnathan through an RTI petition sought details about evictions from water bodies citing a 2011 Supreme Court order, it was forwarded to the Chief Engineer, PWD and then to the 43 WRO (Water Resources Organisations) who replied in the negative. He said the state government could face contempt charges following non-compliance of the 2011 SC order, which directed chief secretaries of state governments to “prepare a plan for eviction of illegal occupants of gram panchayat/poramboke lands and these must be restored to the rural bodies for the common use of residents. The Chief secretaries of state governments/ union territories were directed to do the needful. The plan should provide for speedy eviction of illegal occupants, after issuing them with a showcause notice and a brief hearing.” 

The order came as a result of a landmark case concerning Jaspal Singh Vs state of Punjab where encroachment on a village pond in Patiala district’s Rohar Jagir village resulted in the Patiala collector being pulled up for colluding with violators. Justices Markandeya Katju and Gyan Sudha Mishra’s order also stated that “a copy of this order be sent to all chief secretaries of states and union territories” to “ensure strict and prompt compliance of this order and submit compliance reports to this court from time to time.”

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