HC directs district collector to take steps to remove encroachment

Chennai

The order was given by First Bench Comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana on a PIL filed T Ravichandran seeking a direction to remove the encroachments in and around the canal branching out of Perumpallam dam as well as in and around the dam in Surampatti Village.

The First bench while allowing the PIL after perusing the affidavits filed by the authorities, refused to accept the contention that the encroachments are only in the banks of the canal area and it do not affect free flow of water.

"The water area should be cleared forthwith. Thus action should immediately be taken in pursuance to the encroachment removal notices, as no encroachment in water area can be tolerated specifically in view of the Full Bench decision of this Court", the bench said.

In the Counter affidavit, the Authorities submitted that out of 589 encroachers, already 17 have vacated and 572 have refused to vacate. Notices were already issued in 2012 itself to vacate, the counter said and sought for further time to relocate the encroachers.

The bench after perusing the affidavit lambasted the authorities and said "instead of taking action promptly, a long drawn out plan is sought to be envisaged affecting the very removal of these encroachments."

"In fact it is stated that there is no sufficient vacant land available in Erode district and thus housing in the form of dwelling apartments has to be given. These dwelling apartments are still at the drawing board stage. We are unable to accept the explanation and the time plan sought to be given by the authorities," the bench ssaid.

"The water area should be cleared forthwith. Thus action should immediately be taken in pursuance to the encroachment removal notices, as no encroachment in the water area can be tolerated. We direct the authorities to forthwith take action in respect of the objectionable water course porambokes and compliance be shown", the bench said and posted the matter for compliance to April 4.