The main legal point established is the enforcement of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, to remove encroachments in water bodies and provide for alternative relocation.

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 waterspread 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:

The above figures would show that the water bodies initially having a total area of 0.86.70 Hectares have been reduced to 6481. 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 24. 2003 directing them to remove the encroachments, but the same has been carried out. This Court had also issued an order dated 26. 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, (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 Talk, 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 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 29. 2007, wherein he has stated that the State Government has taken a policy decision to re-store the water bodies in the city of Chennai to their original shape, size, capacity etc. and the