Remove encroachments from city waterbodies in 8 weeks, directs Madras HC

Disposing a batch of writ petitions that sought issue of patta for a property classified as kulam (pond) in revenue records at Ayanavaram village in Purasawalkam-Perambur taluk, Justice S M Subramaniam directed the district collector to conduct a review meeting within two weeks, and initiate immediate action to evict all encroachments of waterbodies and water resources within the district and keep the waterbodies open for preservation of water.

Justice Subramaniam also instructed the collector to conduct an inquiry on various illegalities and irregularities regarding all such encroachments, and directed the City Police Commissioner to provide adequate police protection while evicting all the encroachers.“In the event of negligence, collusion, misconduct or dereliction of duty on the part of the government officials/public servants, then initiate appropriate prosecutions and departmental disciplinary proceedings under the Discipline and Appeal Rules,” the judge added, and directed the collector to submit a compliance report in this regard within twelve weeks. On refusing flood relief funds for such encroachers, the judge directed the Revenue department secretary to issue appropriate orders to the competent authorities stating that the encroachers of waterbodies and water resources were not entitled to receive any flood relief assistance from government funds.

Further, observing that the scheme granted for the issuance of free patta to the landless poor people in 2008 could not be applied after a lapse of 10 years, Justice Subramaniam said, “Even the government is duty bound to protect the government lands, waterbodies and water resources for the welfare of the State as a whole. Thus, free patta can never be granted in respect of the waterbodies and water resources.” Noting that encroachments were happening certainly with the collusion and connivance of few greediest officials and with the support of some local politicians, Justice Subramaniam said, “Whenever certain encroachments are removed, once again the officials are allowing such encroachments. Such inactions of the executives are to be construed that they are circumventing the orders of the High Courts and the Constitution.

“These executives are not sensitive enough to realise the evil consequences of such encroachments. These executives are more selfish than acting for the welfare of the people in their capacity as public servants,” the court added.

The court was of the opinion that stringent actions were required, and the State should ensure that the water bodies and water resources were protected for the welfare of the whole State, the judge noted.