Authorities must remove identified water body encroachments despite private claims; title disputes via civil court.

(Order of the Court was made by S.M.Subramaniam J.)

The relief sought for in the present Writ Petition is to direct the respondents 1 to 4 to take action against the respondents 5 and 6 to remove the encroachments caused in and over the canal formed in their layout bearing S.F.Nos.73, 75, 79, 36, 35, 37, 116, 117, 118, 119, 121, 10, 11, 12, 32, 33, etc., and also restore the water channels formed in S.F.Nos.73, 74, 75, 76, 77, 79, 80, 82, 115, 116, 117 and 119, which were destroyed by the respondents 5 and 6, by considering the petitioners’ representations dated

25.07.2022, 21.09.2022 and 28.09.2022.

2. The writ petitioners have made a complaint against the respondents

5 and 6 on the ground that they have encroached upon the water body. Since no action has been take by the Authorities, the Writ Petition came to be instituted.

3. The Revenue Divisional Officer, Tiruvallur conducted an enquiry and passed final orders in proceedings dated 02.11.2023, thereby identified water body as well as the encroachments. The said proceedings was issued after conducting enquiry and by affording opportunity to all the parties.

4. The learned Additional Government Pleader would submit that the compound wall constructed in the road causing obstruction to water channel, had already been removed and road has been laid for public usage. As far as the removal of encroachments in water body is concerned, on account of pendency of the present Writ Petition, further actions are yet to be taken. 5. The learned counsel for the impleaded respondents would submit that in respect of the compound wall demolished, a civil suit has been instituted. In respect of the alleged encroachments in the water body, the claim set out by the Government is incorrect and the impleaded respondents are bona fide purchasers of the land.

6. If at all the impleaded respondents claim any title/ ownership in respect of the water body encroachments, their remedy is to approach the competent civil Court. As far as the Government Authorities are concerned, they have verified the revenue records and identified encroachments in water body. Enquiry was also conducted by affording opportunity to the parties by the Revenue Divisional Officer, Tiruvallur. That being the factum, there is no impediment for the Authorities to remove the encroachments in the water body and resume the land and preserve the water body for the benefit of the public at large. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.