In the matter of removal of encroachments, there must be effective implementation of Govt. Policy decisions.

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. 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 dut