JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member

1. The above case was Suo Motu registered by this Tribunal on the basis of the news paper report published in „Dinamalar‟ Chennai City Supplement Edition dated, 17.07.2020 under the caption “’[hy;uh’ murpay;thjpfshy; [y;ybahd;Ngl;il Vup ehrk;” (Jalldiyanpet lake destroyed by ‘Jalra’ Politicians )

2. It was alleged in the newspaper report that on account of unauthorised encroachments in the Jalladiyanpettai Lake, there is a danger of lake disappearing soon. Originally the lake was having an extent of 150 acres adjoining the Marsh land in South Chennai. It was acting as a prime water source for agriculture and drinking purpose in the area of Perumbakkam, Jalldiyanpettai and Pallikarani.

3. The bank of that lake was having a long length of 1.4 km and it spread along the Tambaram-Velacherry road up to old Mamallapuram link road. It was slowly encroached by the encroachers. It was alleged in the newspaper report that it was being done with the active connivance and support of the local political party leaders, now it has been reduced to 70 acres as per the Government records. It has further reduced to 30 acres on account of the encroachments made.

4. It was also seen from the newspaper report that a survey was conducted in the year 2010 and found that around 298 houses were constructed unauthorisedly as per the official records, on the basis of the survey conducted. But as per the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, no construction can be permitted in the lake or its catchment areas. Though encroachments were found, even at that time no steps were taken by the Public Works Department to remove the encroachment. Due to the news item published in the same news paper under the caption „Kalamiranguvom Namakku Naame’, some non Governmental organisations and social group have created some sensitisation among the people to protect the water bodies and on account of the same, some relief has been caused to rejuvenate certain water bodies around this area. But none had come to protect this water body due to fear of threat being caused by the encroachers with political support.

5. It was also alleged in the newspaper report that even, murderous threats were made against such persons who were interested in protecting the water body. It was stated that now is attached to Greater Chennai Corporation, Chennai, who has the responsibility to protect the same. But the Corporation authorities are also not taking any steps to protect the water body.

6. Further, this area was being used for dumping garbage apart from discharging sewage without treatment thereby affecting the water quality in the lake. If this is continued, then there is a possibility of this water body extinguished in future.

7. Since it was informed by the counsel appearing for the State Department submitted that this area was falling within Kancheepuram District, this Tribunal substituted 6th respondent as the District Collector, Kancheepuram District, instead of Chengalpattu District as per order dated 27.07.2020.

8. After reiterating the responsibility of the State machineries to protect the water body, having satisfied that there arose a substantial question of environment, this Tribunal by order dated 27.07.2020 admitted the matter and appointed a Joint Committee comprising of (1) District Collector, Kancheepuram District (or) a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate of that area designated by the District Collector (2) Superintending Engineer of Public Works Department and Water Resources Organisation who is in charge of this water body, (3) Commissioner or a Senior Officer deputed by the Commissioner, Greater Chennai Corporation and (4) Senior Officer deputed by the Chairman, Tamil Nadu Pollution Control Board to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.

9. The Committee w