Pushpa Sathyanarayana, J.

The need to protect the environment has emerged as a burning issue, which ultimately lead to the new concept of 'sustainable development. Since time immemorial, people across the world have always made efforts to preserve and protect the natural resources like air, water, plants, flora and fauna. Lakes and water bodies are gifts of nature. There is no possibility of getting further gifts of such nature. We should be content with the resources already given by the nature. Therefore, we should protect these valuable resources so as to enable the future generation to maintain it for the years to come for common good of all. There should be a harmonious approach in the matter of development vis-a-vis ecology. Environment plays a pivotal role in the life of human beings and, therefore, it is necessary to have a study with regard to impact on ecology because of the massive projects of development involving utilisation of natural wealth like wet lands, water bodies, lakes, etc.

2. Article 51-A(g) of our Constitution contains a Constitutional mandate to protect and improve the natural environment including forests, lakes, rivers and wild life. The Hon'ble Supreme Court by way of series of judgments, interpreting Article 21 of the Constitution evolved the concept of 'sustainable development', in the interest of our economy as well as environment.

3. When it is a recognised principle that tanks, rivers and water-bodies are all communal properties belonging to the public at large, environmental management is not the concern of the Government alone and it is the responsibility of the people as well. Unfortunately, in the eagerness to acquire more and more property, even rivers, water bodies and lakes are not left free. Cases of encroachment on water bodies are really alarming. Water bodies are potential source for drinking water for human and cattle. Only with a view to protect the same and to help the environment and develop ecology, the Government has enacted the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007). The very object of the Act is to find the exact boundary of each Tank in Tamil Nadu and also to detect encroachments for eviction as per the procedure laid down in the said Act. However, there are instances where the public raised fingers against the Government also when it has forgotten the laws meant for preserving water bodies and attempted to fill up those natural streams under the guise of development. Occupation of the water bodies by way of encroachment will deprive water to the public in larger interest ignoring the Public Trust Doctrine.

4. The instant writ petition is one such case where apprehending reversal of land reforms and undermining the land ceiling laws, the petitioner, Secretary of a Political Party, viz., C.P.I. (M) North Chennai District Committee, has invoked Article 226 of the Constitution of India seeking for issuance of Mandamus directing the revenue authorities to grant patta by regularising the encroachments.

5. A perusal of the papers would show that G.O. Ms. No. 854 dated 30.12.2006 had prescribed a one time scheme for regularising encroachments for persons applying before 30.6.2007. Subsequently, the deadline was extended upto 30.9.2009 by virtue of G.O. Ms. No. 579 dated 03.10.2008. In the meanwhile, this Court by order dated 04.10.2007 in W.P. Nos. 25776 of 2006 and 17915 of 1993, sought to remove encroachments in the water bodies and water courses numbering about 29 in and around the city of Chennai. Based on the said order, eviction notices were issued by the officials of the second respondent, to the encroachers in January 2009.

6. At this juncture, it is pertinent to note that in the aforesaid Writ Petitions, the Secretary to Government had filed an affidavit to the effect that the State Government has taken a policy decision to restore the water bodies in the city of Chennai to their original shape, size, capacity,