Madras High Court Orders Removal of Public Buildings on Water Bodies
State Government Directed to Shift Structures and Prevent Further Unauthorized Constructions on Water Body
In a landmark decision, the Madras High Court has issued directives for the removal and relocation of public buildings constructed on water bodies in Mayiladuthurai District. The Division Bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, delivered the judgment in response to a Public Interest Litigation (PIL) filed by Prakasam, raising concerns over unauthorized constructions on land recorded as a water body, Karikulam.
The judgment, dated October 8, 2025, mandates the State Government to submit a proposal within eight weeks for shifting the Primary Health Centre and Panchayat Office currently situated on the disputed land. The Court emphasized that the remaining area of Karikulam must not be used for any construction activities until the issue is resolved.
The Court observed that the public buildings had been constructed due to the sanction of authorities without proper verification of the land's nature. This oversight has led to significant environmental and public land protection concerns. In a bid to prevent further unauthorized constructions, the Court has directed the State Government to issue circulars mandating disciplinary actions against erring officials who authorized such constructions, along with recovery of monetary losses incurred by the public exchequer.
The judgment highlights the urgent need for responsible governance and environmental conservation. The Court stressed the importance of preserving water bodies, which are crucial for maintaining ecological balance and supporting local communities.
The case has been scheduled for a follow-up hearing on December 3, 2025, where the Court expects to review the State Government's compliance with its directives, including the issuance of the required circulars.
Bottom Line:
Public Interest Litigation regarding construction on water bodies - Directions issued for removal of unauthorized structures and prevention of further constructions.
Statutory provision(s): Public Land Protection - Construction on water bodies.
Prakasam v. District Collector Mayiladuthurai District, (Madras)(DB) : Law Finder Doc Id # 2792302
