T VIRUDHACHALAM Vs. T N POLLUTION CONTROL BOARD

JUDGEMENT

(1.) (ORDER of the Court was delivered by S. J. MUKHOPADHAYA,j)The writ petition in public interest has been preferred for direction for removal of unauthorised encroachments from the pond in question and for that, prayer has been made to direct the respondents to decide his representation dated 16th August 2002.

(2.) ACCORDING to the petitioner, number of persons including respondents 6 to 19 have encroached the pond Uppu Kulam situated in T. S. No. 2054 , Servaikaran Street, Karanthatangudi,thanjavur. The Tank has been classified as Kulampuramboke (water bodies ). The 6th respondent is running a school and under the guise and serving the need of the local people, has filled up southern part of the Tank and is putting up construction of basement and several floors. Respondents 1 to 4 are silent spectators. Similarly allegation has been made against rest of the respondents 7 to 19 who were alleged to have made encroachments in and around the tank and made illegal construction. The matter has been brought to the notice of the authorities by his representation dated 16th August, 2002. But no action has been taken by the respondents.

(3.) THE 2nd respondent Pollution Control Board, has accepted that the tank is Uppukulam tank and is located in T. S. No. 2054, Karanthatangudi, Thanjavur Town having area of 1. 96 acres. The said tank was previously known to be an irrigation pond having its inflow from River "vadavur" and overflow drain called Sankaranthi Vaikal. The inflow channel passes through "karanthai Tamil Sangam (a renowned institute) and reaches the pond. However, over the period of time, the Uppukulam pond has been encroached by habitants of Karanthatangudi on all sides and reducing the area of the pond and its benefits. The outflow of pond is presently totally closed and outflow channel acts as an open sewage drain in that residential area. The Commissioner of Thanjavur Munciipality vide his letter dated 03. 07. 2002 has informed that the pond is not useful to mankind and cattles. He further submitted that Uppukulam tank can be a rain water harvesting technique to increase the ground water level in the nearby areas if the area/water holding capacity of the tank is not reduced by encroachments. The said tank can be utilized for irrigation, domestic, fishing purposes if it is not polluted by the discharge of domestic sewage and dumping of solid wastes into the pond by the nearby encroachments. It is submitted that no permission has been given by the 2nd respondent to respondents 6 to 9 for encroachments and construction of the buildings in Uppukulam Pond.