In a significant ruling reinforcing the protection of water bodies, the Madras High Court has directed authorities in Tamil Nadu's Tuticorin district to dismantle a construction illegally erected on the bund of a major tank. The court firmly rejected the administration's argument that the building, a fair price shop, served the public interest.
Court Rejects 'Public Interest' Plea for Illegal Construction
The case was brought before the court by petitioner R Ravindran, who sought judicial intervention against the unauthorized construction on the bund of the Peikulam tank in Iruvappuram village, Eral taluk. During the proceedings, the Additional Government Pleader, representing the authorities, confirmed a critical fact: the area is officially classified as a water body and spans over 127 hectares.
Despite this admission, the government counsel appealed for leniency, contending that the construction of the fair price shop was undertaken for the benefit of the public. This argument, however, failed to convince the bench.
Bench Upholds Principle: Water Bodies Are Inviolable
A division bench comprising Justice G R Swaminathan and Justice B Pugalendhi delivered a clear and uncompromising verdict. The judges stated they were "not impressed by the invocation of public interest by the authorities." The court reiterated its consistent legal position that the integrity and existence of water bodies must not be compromised under any circumstances.
"When the classification of the land is not in doubt, the court cannot ignore what has happened," the bench observed, emphasizing that the clear legal status of the land left no room for the illegal structure to remain.
Directive for Restoration and Future Restraint
Issuing firm directives, the High Court bench ordered an immediate halt to any further construction activity on the tank bund. More importantly, it mandated the removal of the existing illegal structure.
The court's order specifies two key actions for the authorities: dismantle whatever construction has already been put up and remove all resulting debris. The final and crucial directive is to restore the tank bund to its original condition, thereby ensuring the water body's protection and functionality are fully reinstated.
This ruling serves as a powerful reminder of the judiciary's role in safeguarding ecological resources against encroachment, regardless of the purported justification offered by governing bodies.
