The judgment established the State's duty to protect natural resources, the importance of maintaining ecological balance, and the need to address water scarcity, in line with the Directive Principles of State Policy and Fundamental Duties.

F.M.Ibrahim Kalifulla, J.

This is a Public Interest Litigation, where the petitioner seeks for a direction against respondents 1 to 5 to remove the encroachments made by the respondents 6 to 12 in Odai Poromboke in Iyan Punji Survey No.100/1 at No.247, Tatchur Village, Kallakurichi Taluk, Villupuram District measuring 5 acres and 70 cents.

2. In fact, on an earlier occasion, the petitioner approached this Court in W.P.No.9562 of 1998 wherein the First Bench of this Court passed an order dated 13.7.1998 disposing of the writ petition, giving liberty to the petitioner to approach the very same respondents 1 to 5 for the removal of encroachment. In the said order, the Collector and the Tahsildar, namely, respondents 3 and 4 were directed to decide the representation by passing a speaking order within one month and also intimate the same to the petitioner.

3. This time, when the matter was taken up for hearing, learned counsel appearing for the sixth respondent brought to our notice that the fourth respondent, namely, Tahsildar had held an enquiry after the above referred to orders of this Court and that he also submitted his report on 10.12.2004 and a copy of the said report was placed before us. On a perusal of the said report, we find that the enquiry made by the fourth respondent has brought out the fact that not only the respondents 6 to 12 but the petitioner has also encroached into the Odai Poromboke. The Tahsildar has ultimately reported that all the encroachments including that of the petitioner are liable to be removed by taking necessary steps under the Tamil Nadu Land Encroachment Act.

4. We also find that the land in question has been classified as ‘Odai Poromboke’ in the revenue records. Though based on the report of the Tahsildar dated 10.12.2004, this writ petition can be summarily disposed of by directing the third respondent to take necessary steps for the removal of the encroachments. We feel it appropriate to pass this order and give certain other directions to the first respondent-State Government to make an overall study of all such encroachments in respect of the lands which have been classified as lands meant for the purpose of storage of water (i.e. ponds, tanks, lakes, etc). We are of the view that in the present day context, such a step is required to be taken by the State in order to improve the water storage facility prevailing in this State since in many parts of Tamil Nadu people are suffering from an acute shortage of water.

5. Since time immemorial ponds, tanks and lakes have been used by the people of our Country, particularly in rural areas, for collecting rain water for use for various purposes. Such ponds, tanks and lakes have thus been an essential part of the people’s natural resources. However in recent years these have been illegally encroached upon in many places by unscrupulous persons who have made their constructions thereon, or diverted them to other use. This has had an adverse effect on the lives of the people.

6. It is also relevant to state that day in and day out, many such petitions are being filed by way of ‘public interest litigation’ alleging encroachments into ponds/tanks/lake/odai porambokes etc. in different parts of this State, more particularly in villages. Having regard to the acute water scarcity prevailing in the State of Tamil Nadu as a whole, we feel that a time has come where the State has to take some definite measures to restore the already ear marked water storage tanks, ponds and lakes, as disclosed in the revenue records to its original status as part of its rain water harvesting scheme. We also take judicial notice of the action initiated by the State Government by implementing the water harvesting scheme as a time bound programme in order to ensure that the frequent acute water scarcity prevailing in this State is solved as a long time measure. In fact, the classification as Ooranis, Odais, and Lakes in the revenue records are all areas identified in th