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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
I. H. Sekar – Appellant
Versus
Additional Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department – Respondent
ORDER :
(D. Bharatha Chakravarthy, J.)
(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the Government Order in G.O.(Ms).No.155 Revenue [LD7(2)] Department, dated 16.05.2014 issued by the 1st respondent transferring an extent of 3.23.80 Hectares out of 15.30.00 Hectares of land in S.No.176 of Karapakkam village, Sholinganallur taluk, Chennai district in favour of 7th respondent and to quash the same and consequently, direct the 3rd respondent to cancel the revisions made in the revenue records pursuant to the impugned order.)
A. Prelude:
| I | II |
| The city of Chennai and the adjoining areas are dry areas known for hot and humid conditions. They receive rains on very few days in a year. | The city of Chennai and the adjoining areas have innumerable wetlands including Ramsar site of Pallikaranai marshland and different types of wetlands including Marine, Estuarine, Lacustrine, Riverine, and Palustrine wetlands all around. |
| The city of Chennai and its adjoining districts suffer from acute water shortage necessitating bringing in drinking water from the Kris |
The court emphasized the Public Trust Doctrine, ruling that wetlands must be protected from alienation for private use, reaffirming their importance for public benefit and environmental sustainabilit....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
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The inquiry under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act must focus solely on impacts to neighbouring paddy lands, disregarding irrelevant criteria for application reje....
The duty to restore and conserve wetlands is a constitutional responsibility, overriding private property disputes, under the East Kolkata Wetlands (Conservation and Management) Act, 2006.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
The main legal point established in this judgment is that the petitioner failed to establish the existence of the Siddapura Lotus Pond on the disputed land and that the grants made to private individ....
The court reaffirmed the need for practical assessment criteria based on direct evidence when determining suitability for land classification under the conservation act.
The main legal point established in the judgment is that disputed questions of fact relating to title and possession should be decided by the competent civil court, and the power of judicial review i....
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
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