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2020 DIGILAW 1137 (MAD)

S. Kalaiyarasi v. District Collector, Dharmapuri

2020-07-30

M.M.SUNDRESH, R.HEMALATHA

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JUDGMENT : M.M. Sundresh, J. (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 on the Odai Poramboke (water stream) in S.No.20, 21, 31/2 situated in Chinnamanchavadi Village, Pappireddipatti Taluk, Dharmapuri District and retain the same in its original position, free for the use of public.) 1. This is one more writ petition in which the petitioner sought for the removal of encroachment in the water body. At the cost of exasperation, we may note that the problem qua the encroachment and letting the untreated water into water body does not seem to abate. This is inspite of the fact that the writ petitions are being filed as a matter of course and routine day in and day out before this court seeking a direction to remove the encroachment. We are also conscious of the Newspaper reports both Vernacular and English - Dinamalar and Times of India indicating the encroachments that are being made. Though the Newspaper reports per se cannot be a substantive evidence, the authorities are expected to take action. Unfortunately, no responsibility is fixed on anybody. For example, City of Chennai is known as "City of Lakes". Now, almost all the lakes are gone. 2. Water is a life source. The importance of water has been well understood by our forefathers. Almost all the old Tamil Literatures give enormous importance to water. In fact, in Thirukkural, after invocation, the next chapter has been allotted to water. So also the importance given in Silapathigaram and Kambaramayanam. The Sangam Literatures also speak at length on the duty of the King, which is primarily to preserve and augment the water sources. As such it is the primary duty of the Government to take care of the life source for the present and future. It is said that the next World War would be on Water. Unless and Until we rise to the occasion, the humanity would certainly suffer. 3. Any development cannot be at the cost of the nature. Pollution is caused not only by the private entities such as, Industries, but also the Instrumentality of the State. Untreated polluted water is being let into the water bodies. A development without taking care of basic necessity cannot be called as such. 3. Any development cannot be at the cost of the nature. Pollution is caused not only by the private entities such as, Industries, but also the Instrumentality of the State. Untreated polluted water is being let into the water bodies. A development without taking care of basic necessity cannot be called as such. Perhaps, it is the time for the Government to realize the situation. The Government can also consider the need of forming a separate Department while fixing the responsibility on the officers at the ground level. Measurements can be made by identifying the water bodies followed by frequent inspections. Departmental action can also be taken against the officers who act hand in glove with the encroachers. Until and unless emergent steps are taken, water crisis which is looming at large can never be solved. The respondents may also use technology for the above said purpose, such as Drones to supervise and monitor as to whether any encroachment takes place. Measures like strengthening, deepening the bunds and fencing the water bodies with adequate construction of walls can also be adopted. 4. Though rules have been contemplated for the storage of ground water, no follow p action is being taken. We have seen from the news papers that even a couple of days before, rain water was seen flowing in the drain reaching the sea instead of replenishing the water table. Ground water harvesting has neither been supervised nor monitored. It has also been brought to our notice that the extraction of water is also not regulated by adequate statutes though rules were introduced a decade ago. Apparently, there appears to be lack of interest in taking action against those who extract water indiscriminately and selling it for commercial purposes and thus, making the land as barren. There is an imminent possibility in certain areas of ground water mixing with the sea water. 5. We do not have any proper mechanism for recycling and reusing the water. In many of the Western Countries, the concept of recycling and reusing water has been effectively put into use. Unfortunately, we are forced to depend upon the nature, viz., the rain water. The majority part of this water instead of being recycled and reused reach the sea without being of any use to anybody. 6. The above are the suggestions which we would like to make to the Government. Unfortunately, we are forced to depend upon the nature, viz., the rain water. The majority part of this water instead of being recycled and reused reach the sea without being of any use to anybody. 6. The above are the suggestions which we would like to make to the Government. Therefore, we suo motu implead the (i) State of Tamil Nadu, represented by its Additional Chief Secretary, Department of Home, Secretariat, Fort St. George, Chennai 600 009 (ii) State of Tamil Nadu, represented by its Principal Secretary, Department of Public Works, Secretariat, Fort St. George, Chennai 600 009 (iii) State of Tamil Nadu, represented by its Addl. Chief Secretary, Department of Municipal Administration and Water Supply, Secretariat, Fort St. George, Chennai 600 009 in this writ petition. (iv) The Director of Rural Development and Panchayat Raj, Panagal Building, Chennai-600 015. (v) The Commissioner, Corporation of Chennai, Chennai-600 003. 7. We further suggest that the State of Tamil Nadu can consider the utilization of services of the beneficiaries under various schemes such as 100 days employment to augment, maintenance and creation of water body at every level starting from village. Similarly, the participation of Non- Governmental Organization can also be considered 8. The impleaded respondents are directed to file status report in this regard within a period of four weeks from the date of receipt of a copy of this order. 9. In so far as the merits of the writ petition is concerned, the same shall be decided at a later point of time. 10. We make it clear that the observations made by us hereinabove are general in nature and therefore, they may not have any bearing on the issues raised in the writ petition. 11. Considering the public importance of the issue involved, we request the learned Advocate General, High Court of Madras, or any other Law Officer of importance to assist this court along with the learned Special Government Pleader as this can never be considered as adversarial as everyone is a stakeholder. Post on 27.08.2020 along with connected W.P.No.36135 of 2015.