HC directs Erode collector to take steps to clear encroachments

The Madras High Court has come down heavily on the State for failing to take action in removing the encroachments in and around the canal branching out from Perumpallam dam in Erode even after three and half years had lapsed. 

The First bench comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana, while allowing the PIL filed by Ravichandran, said the government’s excuse in its counter that the 521 encroachments in the canal area are on the banks and does not affect free flow of water, is unacceptable. 

The bench expressed shock that the government’s averments come despite conceding that the revenue categorisation is ‘water recourse poramboke’ and these encroachments are thus in an objectionable area. Directing the government to file a compliance report on March 3, 2016, the bench led by the Chief Justice held, “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 in the drawing board stage.” 

The government had also submitted that out of the 589 encroachments identified, 17 of them have vacated voluntarily, but the other 527 have refused to vacate. 

Noting that the notices were issued in 2012 and thus three and a half years have passed with nothing being done, the bench said, “We are unable to accept the explanation and the time plan sought by the government. The water area should be cleared forthwith. 

Thus action should be taken immediately in pursuance to the encroachment removal notices, as no encroachment in water area can be tolerated.”