SIPCOT is responsible for ecological restoration and maintenance of the lake, ensuring compliance with environmental regulations under G.O. Ms. No.10.

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above-captioned Original Application was Suo Motu registered based on a news item published in The Times of India, Chennai Edition, dated 14.07.2023, under the caption “SIPCOT kills a lake to build a park

2. It is reported in the news item that 33 Acres of the lake known as ‘Periya Eri’ were handed over to the State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) about 10 years ago by the Water Resources Department (WRD) and it was recently restored at a huge cost.

3. It is further reported in the newspaper that nearly 10 Acres have been filled with debris and concrete waste for a park. The 33 Acres of the lake have now been reduced to 10 Acres, and even that is being obliterated by the construction of two buildings, which are being converted into footpaths and seating areas. It is not only a bund that is being developed; it appears that the water spread area is also used.

4. Considering the gravity of the issue, which raises the substantial question of environment concerns, this Tribunal impleaded the District Collector, SIPCOT and WRD as party respondents and issued notices to them.

5. Upon notice, the respondents have entered appearance and filed their respective pleadings.

6. Respondent No.3, which is the Water Resources Department, Chennai Region, has filed its report dated 28.08.2023, stating that the proprietary rights over the impugned tank area measuring 33.43 Acres were transferred to SIPCOT by the Revenue Department vide G.O. Ms. No.10 dated 03.01.2002 i.e., more than 21 years ago, and not 10 years as erroneously reported in the news item. Since ownership of the tank has vested with SIPCOT, it is SIPCOT’s responsibility to ensure compliance with the terms and conditions stipulated in the above-mentioned Government Order. Due to the expansion and urban agglomeration of Chennai city, including the development of residential colonies and industrial parks, the tank has lost its irrigation potential. As per WRD records, the tank’s water spread area is 33.43 Acres at its Maximum Water Level (MWL). However, at Full Tank Level (FTL), the actual water- holding area is 14.82 Acres. This area remains physically intact. The remaining peripheral area of 18.61 Acres has been developed with eco-friendly infrastructure, including a walking track, cycling track, constructed wetlands, open wells, STPs, demonstration farms, and a nesting mound.

7. It is further stated in the report that the lake has been desilted and deepened. The excavated earth was used to strengthen the bunds, and the surplus was utilized to form a nesting mound on the western side. Palmyra trees are seen in the vicinity of this mound. No construction debris has been used or dumped in the lake area. Four solar panels of 15 KW capacity each have been installed along the cycle track to promote energy conservation. A compound wall has been constructed on three sides of the lake for protection. The remaining portion on the north and northeast sides will be completed in due course. Encroachments by third parties in the form of 27 huts have been identified on the northwest side of the lake.

8. The District Collector, Chengalpattu District (Respondent No.1), in his report dated 11.10.2023, stated that a joint inspection was conducted on 14.09.2023 by the Sub- Collector, Chengalpattu, along with Revenue Officials of Thiruporur Taluk. As per the Village Adangal, the land in Sy. No.168/1 admeasuring 13.25.50 Hectares is classified as ‘Navalur Tank’, and Sy. No.168/2 admeasuring 0.28.0 Hectare is classified as ‘Temple and Battai’. The land in Sy. No.168/1 has been han