ORDER AJIT PRAKASH SHAH, C. J. These petitions, filed in public interest, seek to highlight the maladministration and prevalent corrupt practices, because of which almost all the water bodies and water courses in and around the city of Chennai were allowed to be encroached upon, resulting in the reduction of their water spread areas and acuta water shortage in the region. It is seen that the water bodies which have been formed during the last centuries have been allowed to be encroached upon by allowing residential houses and commercial structures to be constructed therein and in some cases, even regularizing such constructions. 2. The deteriorating status of water bodies in and around the city of Chennai can be seen from the following table prepared by the Special Secretary to Government, Public Works Department, Chennai: Name of the Water Body Location Total Area (In Hec.) Original Capac ity (Mm2) Encroach ed Area (In Hec.) Balance Area (In Hec.) No. of Encro achme nts Tambaram Pudu Thangal Tambaram 10.42.50 0.08 2.69.50 7.73.0 280 Ambattur Tank Ambattur 307.25.5 6.10 37.45.0 153.23.0 9000 Ayanambakkam Eri Ayanambakkam 61.01.5 8.2 24.30.0 36.71.5 2500 Korattur Tank Korattur 240.76.0 6.69 9.50.0 231.26.00 895 Nadukuthagai Tank Nadukuthagai 21.97.00 0.20 8.40.0 13.57.00 413 Pallikaranai - Narayanapuram Tank Pallikaranai 18.42.0 0.147 2.59.0 15.83.00 231 Pallavaram Big Tank Zamin Pallavaram 46.85.0 0.176 7.17.50 39.67.50 835 Tambaram Periya Tank Tambaram 17.57.5 0.13 7.78.0 9.79.5 615 Valasaravakkam Tank Valasaravakkam 5.82.00 - 2.78.00 3.04.00 900 Kolathur Tank Kolathur 61.01.5 8.2 24.30.00 36.71.5 1931 Nemilichery Periya Eri Nemilichery and Hasthinapuram 20.13.00 0.193 19.29.00 6.84.00 422 The above figures would show that the water bodies initially having a total area of 1130.86.70 Hectares have been reduced to 645.81.92 Hectareo, i. e. by almost 50%, thereby reducing the storage capacity of such water bodies, as a result of which the city of Chennai is compelled to draw its supply of drinking water from Veeranam Tank, which is hundreds of kilometers away from the city. 3. It appears that the Government of Tamil Nadu had issued orders to all the District Collectors vide G.O.. Ms. No. 186, Revenue Department, dated 29.4.2003 directing them to remove the encroachments, but the same has not been carried out. This Court had also issued an order dated 27.6.2005 in W.P. No. 20186 of 2000 to remove the encroachments in the water bodies, but the same has not been acted upon. Ms. No. 186, Revenue Department, dated 29.4.2003 directing them to remove the encroachments, but the same has not been carried out. This Court had also issued an order dated 27.6.2005 in W.P. No. 20186 of 2000 to remove the encroachments in the water bodies, but the same has not been acted upon. In L. Krishnan v. State of Tamil Nadu and. Others L. Krishnan v. State of Tamil Nadu and. Others L. Krishnan v. State of Tamil Nadu and. Others (2005) 3 MLJ 363 : 2005 (4) CTC 1 , a Division Bench of this Court has stressed the need to take steps, to remove the encroachments in water bodies like ponds, likes, tanks etc., to improve water storage facility, since people are suffering from acute shortage of water. The Division Bench observed that having regard to the acute water scarcity prevailing in the State of Tamil Nadu as a whole, the time his come where the State has to take some definite measures to restore the already earmarked water storage tanks, ponds and lakes, as disclosed in the revenue records, to its original status as part of its rain water harvesting scheme. It was observed that it is imperative that such natural resources providing, for water facilities are maintained by the State Government by taking all possible steps both by adopting preventive measures as well as by removal of unlawful encroachments. In that case, the Bench directed respondents 1 to 5 therein to take necessary legal steps to remove the encroachments made over the Odai Poromboke in Iyan Punji Survey Nos. 100/1 at No. 247, Tatchur Village, Kallakurichi Taluk, Villupurarn District. 4. The State Government has now enacted the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act (2007) (‘Tamil Nadu Act‘ in short), which has been brought into effect from 1.10.2007. Section 7 of the Tamil Nadu Act casts a duty on the Officer of the Public Works Department to remove the encroachments in the tank areas after issuing a notice to the encroachers and take possession of the land within the boundaries of the tank encroached by taking such police assistance as may be necessary and any police officer whose help is required for this purpose shall render necessary help to that Officer. Section 7 further provides that any crop or other product raised on the land within the boundaries of the tank shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by the encroacher after duo notice, be liable, to forfeiture. 5. The Secretary to Government, Public Works Department has filed on affidavit dated 28.9.2007, wherein he has stated that the State Government has taken a policy decision to restore the water bodies in the city of Chennai to their original shape, size, capacity etc. and the process of removal of the encroachments has been reviewed and accordingly, 29 tanks located in and around the city of Chennai have been broadly categorized into three types as mentioned below: i) Category ‘A‘ Tanks that do not have any problem in taking up the rehabilitation and restoration work. ii) Category ‘B‘ Tanks that re relatively large and essentially required to be restored at least partially for improving and sustaining the sub-soil water levels and ensuring pollution free environment. iii) Category ‘C‘ Tanks that are totally infested, with encroachments and cannot be restored for the present. The action plan devised for restoration of the 29 tanks situated in and around the city of Chennai is as follows: (i) Steps will be taken, to restore the 19 tanks falling under Categories ‘A‘ and ‘B‘ situated in and around Channel City to ensure augmentation of water holding capacity which will improve the ground water re-charge water holding capacity which will improve the ground water re-charge and its sustainability and create favourable environment to the neighbouring areas. Wherever the tanks cannot be restored to their original extent for certain practical reasons, efforts will be taken to deepen the retrieved parts of the tanks so as to ensure the maximum possible water storing facility. Financial sanction in respect of 4 tanks out of the 19 tanks has already been obtained. For the balance 15 tanks, estimates are prepared for seeking financial assistance. (ii) 10 tanks under Category ‘C‘ cannot be restored at this stage as these are fully developed with regularized and unregularised houses/housing colonies. However, further examination will be made to see the possibility of constructing multi-storied tenements, in the existing locations and retrieving some portions of the land for creating water bodies for the benefit of those families themselves. (ii) 10 tanks under Category ‘C‘ cannot be restored at this stage as these are fully developed with regularized and unregularised houses/housing colonies. However, further examination will be made to see the possibility of constructing multi-storied tenements, in the existing locations and retrieving some portions of the land for creating water bodies for the benefit of those families themselves. This may require long time and considerable planning and efforts and no time frame can be fixed. (iii) Encroachments to the extent practically possible as shown in the action plan, will be removed. The estimated encroachments are approximately 18670. The exact number will be known after cent percent enumeration is carried out. The Government may consider providing alternate accommodation to the eligible evictees depending upon the facts and circumstances. For eligibility purpose, the long time settlers as found as in December, 2006 and holding the family cards issued by the Civil Supplies and Consumer Protection Department may be the criterion. The claims of those families who are said to be the owners of the houses but not living at those places will not be entertained. (iv) The Collectors will decide the programme of eviciting the encroachments preferably from October/November, 2007 to May, 2008 depending upon the area specific issues involved. 6. Mr. Raja Kalifulla, learned Government Pleader submitted that each tank, the encroachments involved are in hundreds and some places, in thousands and there will be strong resistance from encroachers. He submitted that in view of such large number encroachments, it is not possible to identify large extent of vacant lands close to the urban habitations and hence. Government land, wherever available, even if, it is far away from the present location, has to be considered for re-location. He further submitted that in some tanks, the evictees can be re-located in one part of the tank itself after making proper layout, but this is limited to a few tanks only. He also submitted that there are some strong groups of people involving themselves in grabbing Government lands and selling the plots to innocent families and ultimately, only the latter are the victims of any eviction process. In such cases, the evictees or some groups on their behalf are likely to approach the subordinate Civil Courts against the eviction operations. In such a situation, any stay orders granted in this matter will hamper the entire process of eviction operation at every place. In such cases, the evictees or some groups on their behalf are likely to approach the subordinate Civil Courts against the eviction operations. In such a situation, any stay orders granted in this matter will hamper the entire process of eviction operation at every place. He, therefore, submitted that this Court may issue appropriate directions to effectively implement the policy decision of the Government of removal of encroachments from water bodies. 7. Having considered the difficulties expressed by the learned Government Pleader in carrying out the process of removal of encroachments, we pass the following the order: (i) The Secretaries, Public Works Department, in consultation with the respective District Collectors, are directed to decide the programme of evicting the encroachments in the water bodies falling in Categories ‘A‘ and ‘B‘ referred to above, by the end of November, 2007 and complete the process of removal of such encroachments by the end of May, 2008. (ii) The State Government is at liberty to consider, in appropriate cases, grant of alternative sites for re-location of the encroachcts, as per their policy decision. All the authorities concerned like the local authorities as well as the police officials, will extend their full cooperation to the Public Works Deportment/District Collectors for effectively implementing the policy decision of the Government of removal of encroachments from water bodies. (iii) No Civil Court shall entertain any suit or proceeding in connection with the removal of the encroachments in the water bodies and every person, who has put up any construction in such water bodies and who is aggrieved by the action taken by the authorities of removal of such encroachment from the water bodies, is at liberty to move this Court under Article 226 of the Constitution of India and all such applications shall be placed before the First Bench of this Court. (iv) The State Government is directed to identify and take stern action against the land grabbers who have sold the lands in the water bodies to innocent purchasers, which would act as a deterrant. The survey numbers of the lands in various water bodies in question are directed to be notified and the Registration Department concerned is directed not to register any transaction in respect of such lands falling under the water bodies. The survey numbers of the lands in various water bodies in question are directed to be notified and the Registration Department concerned is directed not to register any transaction in respect of such lands falling under the water bodies. (v) In respect of the Porur tank, the respondents have already removed all the encroachments and the said water body is free of any encroachment. In case any encroachment is made on the water body in future, it will be open for the authorities to remove such encroachment even without, issuing any notice to such encroachers. (vi) It is also made clear that even after the encroachments from the water bodies are removed as per ‘the policy decision of the State Government, the respective District Collectors shall keep a close watch over such water bodies and in case of any fresh encroachment thereon, the District Collectors are at liberty to remove the same with the help of police, wherever necessary, without any notice, to such encroachers. 8. The learned counsel for the petitioners state that certain tanks and eris in Kakkalur, Chitlapakkam and Thirunindravur are not covered by the list furnished by the State Government. Mr. Raja Kalifulla, learned Government Pleader, however, submits that the State Government will follow the procedure enumerated above in respect of these water bodies also and wherever possible, remove the encroachments within the time frame fixed by this Court. 9. The Secretary, Public Works Department shall file the Action Taken Report before this Court on or before 15.6.2008. The matter stands adjourned to 15.6.2008.