The main legal point established in the judgment is that the State has the power to regulate land development to protect the environment and water sources, and the petitioner's right to property was restricted, not taken away.

ORDER :

V. LAKSHMINARAYANAN, J.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent Letter No.C1/10267/2017 dated 19.09.2017 and quash the same by directing the Respondents herein to release the lands belonging to the Petitioner herein situated at Thiruvallur District, Ambattur Taluk, Morai Village, S.No.370/4, measuring an extent of Ac 4.11 in Patta No.415 and in S.No.370/2, measuring an extent of Ac 1.90 in Patta. No.3293 and in Vellanur Village, S.No.1, measuring an extent of Ac 4.00 in Patta No.344 from being reserved as catchment area and reclassify the same as Urban use Zone within stipulated timeframe, thereby enabling me to proceed with any development activity in the above mentioned lands without any restriction pertaining to catchment area.

English translation:

When water fails, functions of nature cease, you say; Thus when rain fails, no men can walk in 'duty's ordered way'. This couplet from Thirukural shows that the importance of water has been recognised in Tamil Nadu for thousands of years. After air, if life has to survive on this planet, it is attributable to water. Without water, there is no point in having any amount of wealth. It was once remarked, the next war between nations, if at all occurs, it will be on account of water.

2. This writ petition deals with the water catchment area for the Red Hills Lake. There existed a small reservoir in Puzhal area. Five score and fifty years before, the British administration decided to expand this reservoir and constructed embankments’ and masonry weirs for storage of water. The water stored in this lake, in addition to those in Chembarambakkam and Porur lakes, is essential for supply of water to the continually expanding Metropolis of Chennai.

3. The issue before this court is whether the respondents are justified in classifying the areas as a water catchment area for Red Hills Lake and declaring it as a “no development zone” under the Master Plan for Chennai. What is a water catchment area?. According to the Sydney Water Catchment Authority,

“A catchment is an area where water is collected by the natural landscape. In a catchment, all rain and run-off water eventually flows to a creek, river, lake or ocean, or into the groundwater system. Natural and human systems such as rivers, bushland, farms, dams, homes, plants, animals and people can co-exist in a catchment.”

According to Understanding your catchment – stream sense manual,

“A catchment is a basin shaped area of land, bounded by natural features such as hills or mountains from which surface and sub surface water flows into streams, rivers and wetlands. Water flows into, and collects in, the lowest areas in the landscape. The system of streams which transport water, sediment and other material from a catchment is called a drainage network. A catchment catches water which falls to earth as precipitation (rainfall), and the drainage network channels the water from throughout the catchment to a common outlet. The outlet of a catchment is the mouth of the main stream or river. The mouth may be where it flows into another river or stream, or the place where it empties into a lake, estuary, wetland or ocean.”

DUTY OF THE STATE AND CITIZENS TO PROTECT THE ENVIRONMENT:

4. For over several decades, the position of law has been clear and categorical. It has been consistently held that it is the duty of the Union, its Federal Units, the legislatures, Union and State executives, the unitary judiciary and the citizens to act in a manner that it protects the environment. This is not only for the present residents of the country but also to save the environment for the future generations. The actions of today affects the life styles and livelihood of those coming tomorrow. Hence, the doctrine of sustainable development has been included in this nation’s DNA. The reports of the High Courts and Supreme Courts are replete