G CHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition, in public interest, was preferred by the petitioner for issuance of a writ of mandamus directing the respondents to desist from undertaking any construction activity in the Gopal Samudram Lake, Dindigul and to restore the lake to its original condition.

(2.) THE grievance of the petitioner is that during last many decades, large scale deforestation in the hills surrounding Dindigul town has started, which depleted the surface water in flow into the town. THE quality of water has also deteriorated apart from declining of surface water quality in view of opening of number of leather tanning units. Due to inactivity on the part of the respondents and their indifference to the issue, water scarcity has developed in the area. THE aforesaid lake, which is a source of water for the Dindigul town, has been encroached and number of construction activity had commenced in a portion of such water body.

(3.) NOW it is settled law that any area, which is a water body, such as lake, pond or part thereof, or a catchment area during rainy season, no such part could be filled up for no other purpose as the water bodies are to be maintained in public interest. In the case of L. Krishnan " Vs " State of Tamil Nadu reported in (AIR 2005 Madras 311), the Court noticed encroachment as were made in "odai poramboke" (natural water storage resource). Taking into consideration the precarious water situation prevailing in the State of Tamil Nadu in major part of the area, the Court observed that it is imperative for the State to see that such water storage resources are not obliterated providing healthy environment enabling the people to enjoy equality of life guaranteed under Article 21. The State Government was directed to take legal action for removal of illegal encroachment. The Supreme Court in the case of Hinch Lal Tiwari " Vs " Kamala Devi reported in (AIR 2001 SC 3215), the Supreme Court having noticed that a land allotted from part of a pond, held that no such part could have been allotted to anybody for construction of house building or any allotted purpose. The allottees were directed to vacate the sites.