The court emphasized the importance of addressing the concerns of the villagers and ensuring their rights of worship and other benefits when dealing with land acquisition and construction projects.

1. The petitioner, claiming to be a resident of Neikkuppi Village, seeks to file the present writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against respondents 1 to 3, being the State Government, to take appropriate action to protect the public water body called Kuttai, Porkovil Kuttai and Kannukovil Kuttai in Survey No. 29/1 in Neikkuppi Village in Thirukkazhukundram Taluk of Kancheepuram District, alleged to have been encroached upon by the sixth respondent.

2.1. The prayer has been couched in the aforesaid terms, but the story which emerges even from the averments in the petition seems to say something more. A case is sought to be made out as if the Department of Atomic Energy is seeking to grab some land and construct a multi-storied building in a water body. The lands are stated to have been acquired in the second half of 1980 which is stated to have been opposed by the land owners, but did not succeed. The allegation is of paltry sums being given as compensation for the land, sixth respondent illegally taking possession of lands, existence of temple on the land, existence of the water body referred to aforesaid, right to worship the deity called Periyandavar. The case of the petitioner is that while despite the aforesaid the sixth respondent may have legally acquired certain lands surrounding Survey No. 29/1, that survey number continues to be a water body to the extent of 3.20 Acres.

2.2. In the year 2012, a sixteen-storied building, stated to be adjoining the water body, was sought to be constructed having obtained a no objection from the Village Panchayat. The building is undisputedly already completed, but the grievance is that the access is proposed through the water body and no objection certificate has not been issued by the Panchayat at present.

2.3. The grievance is that now another similar multi-storied building adjoining the water body is proposed to be constructed by encroaching upon a portion of the water body and it is alleged that there is a 20 feet such encroachment. Interestingly, in paragraph (16), it is stated that if this building is permitted I would be put to irreparable loss, injury and hardship, even though the petitioner is no way directly concerned with the land in question.

3.1. A perusal of the counter affidavit of the sixth respondent sets forth the factual position. The Department of Atomic Energy/sixth respondent is mandated to provide basic amenities such as housing, transport and medical facilities to the staff and the family members of various constituent units and, thus, land was acquired in Neikkuppi Village/Amiapakkam, where several houses have already been constructed for the employees, numbering 1250 dwelling units.

3.2. Two Tower Blocks were proposed to be constructed of C Type in Survey No. 29/1 of Neikkuppi Village, without disturbing the deity inside the water body. One Tower Block is completed, while primary construction activity for the second block commenced when the petitioner approached the Court.

3.3. The acquisition proceedings are stated to be of the year 1988, commencing with the issuance of the notification under Section 4(1) of the Land Acquisition Act, 1894, vide G.O.Ms. No. 733, Public Works Department, dated 29.4.1988. The said notification is stated to include the land comprised in S. No. 29/1 measuring 3.20 Acres classified as Porkoil Pond. In the course of the proceedings under Section 5A of the said Act, the villagers requested for permission to perform pooja once in a year for the deity on the banks of Porkoil Pond, which is stated to be situated in a small part of Survey No. 29/1. This was agreed to and pooja once in a year is going on. The total land acquired for the township for the Department of Atomic Energy, of which possession was taken, is stated to be 226.70 Acres.

3.4. Insofar as the specific Survey No. 29/1 is concerned, the same is stated to have been handed over to the sixth respondent by the Special Tahsil