Encroachments on public water bodies must be removed regardless of claims of regularization, upholding the principle of maintaining public property integrity.

COMMON ORDER

Heard both sides.

2.The petitioners want this Court to restrain the authorities from dispossessing them. The stand of the authorities is that the petitioners have encroached a portion of the water body.

3.The learned Senior Counsel appearing for the petitioners pointed out that the tank in question fell into disuse in several decades ago and occupation of the portion of the same was also regularised.

4.When the matters were listed in the admission, we felt that the authorities cannot be selective in their approach. We therefore granted an order of interim injunction. To vacate the same, the District Collector, Pudukottai has filed petitions. In the common counter affidavit filed by the authories, the following averments were found:

“7. The Government in G.O.Ms.No.985 dated

06.05.1977 had alienated an extent of 1.45 acres in T.S.No.7 of Aranthangi town for construction of Daily Market. The above alienation was made in the year 1977 and now the Hon'ble High Court and Supreme Court have issued various judgments to evit the encroachments in water course poramboke. Hence, steps have been taken to cancel the G.O and after cancelling the G.O issued in favour of Aranthangi Municipality, this encroachment will also be removed.

8. I respectfully submit that the averments made in paras 5 and 6 of the affidavit of the petitioners are not correct. During settlement the said land in SF.No.18/1 was classified as Vannanklam water course poramboke. There is Dargah in the above water course poramboke would also be removed since the Dargah is also coming within the purview of Encroachment, after following the process of Law, the same will be removed.”

The stand taken in the counter affidavit is recorded. We direct the authorities to remove all the encroachments at one go as undertaken before us. Removal of encroachment shall not be in installment. In any event, we direct that the removal of encroachment shall be completed within a period of eight months from the date of receipt of a copy of this order.

5.These writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.]

05.03.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To

1.The Secretary to Government, Revenue and Disaster Management Department, Chennai.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The District Collector, Pudukkottai District. 4.The Commissioner, Aranthangi Municipality, Pudukkottai District.

5.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

6.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA W.P(MD)Nos.31268, 30212 & 29884 of 2023 and W.M.P(MD)Nos.26784, 26785, 26043, 26045 & 25776 of 2023 and 4602, 4698 & 4649 of 2024

05.03.2024