Encroachment on water bodies is illegal; eviction proceedings must adhere to relevant statutes while considering the right to alternative accommodation for those affected.

ORDER :

1. WP No.34506 of 2024, a public interest litigation, was filed to direct respondents 1 to 4 to remove the encroachments made by respondents 5 to 34 in the waterbody and road, in survey Nos.20, 46, 49/6, 55, 62, 73 and 206 of Thirukunam Village, Vikravandi Taluk.

2. When the matter was heard on 09.01.2025, Mr.A.Edwin Prabhakar pointed out that certain parties have filed WP No.5288 of 2024 and that an undertaking was recorded therein that nothing would be done against the petitioners until the next date of hearing. Therefore, we directed that the said writ petition be tagged with the public interest litigation. Accordingly, both petitions are tagged and listed today.

3. Learned counsel for petitioners in WP No.5288 of 2024, Mr.S.Sathia Chandran, submits that G.O.Ms.No.318 dated 30.08.2019, Revenue and Disaster Management Department, confers on persons such as the petitioners, the right to seek alternative accommodation. Therefore, he submits that the petitioners should not be evicted without providing them with alternative accommodation.

4. Mr.A.Edwin Prabhakar relies on a status affidavit of Mr.G.Yuvaraj, Tahsildar, Vikravandi. In the said affidavit, at paragraph 3, the Tahsildar has set out the status with regard to all the relevant survey numbers. In effect, it is stated that proceedings for removal of encroachment have been initiated either under the Tamil Nadu Land Encroachment Act, 1905 or the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, as the case may be.

5. Annexed to the affidavit is a communication from the Tahsildar to the Assistant Engineer of the Water Resources Department. The said communication contains details of 26 encroachments in S.No.49/6. The first table contains details of 22 encroachers who were issued pattas in other locations. This list covers ten petitioners in WP No.5288 of 2024 viz., petitioner Nos.1, 3, 4, 5, 7, 9, 11, 12, 13 and 14.

6. As regards these persons, the filing of the writ petition is a clear abuse of process. By suppressing material facts, these persons have obtained an interim order and, as a consequence thereof, the official respondents have been unable to take further action to evict the encroachers.

7. Mr.Edwin Prabhakar further states that the proceedings initiated under the above mentioned enactments would be taken to the logical conclusion, in accordance with law, expeditiously.

8. In several judgments of this Court, including T.K. Shanmugam vs. State of Tamil Nadu , (2015) SCC Online Madras 9343, it has been held categorically that patta should not be granted and that encroachments in waterbodies should not be regularised. Admittedly, the petitioners in WP No.5288 of 2024 are encroachers on waterbodies. Therefore, they are liable to be evicted in accordance with law.

9. Mr.Sathia Chandran makes a request that petitioners' representation for alternative accommodation in terms of G.O.Ms.No.318 may be directed to be considered.

10. Without making any observation on the merits of such representation, we leave it open to those petitioners, who were not issued a patta in any other location, as per the Revenue Tahsildar's report of 27.01.2025, to apply for alternative accommodation. If such application is received, the same may be disposed of on merits and in accordance with law.

11. With the above observations, WP No.5288 of 2024 is dismissed. Petitioners 1, 3, 4, 5, 7, 9, 11, 12, 13 and 14 shall, each, pay costs of Rs.5,000/- (Rupees Five Thousand only) to Sankara Nethrayala, (Padma Bhushan Dr. S. S. Badrinath Campus), No. 41 (old 18), College Road, Chennai 600 006, within t