Court Rules Water Bodies Must Be Preserved; Rejects Petitioners' Claims Over Encroachment
In a significant ruling, the Madras High Court has dismissed a series of writ petitions filed by the Shruthi Enclave Welfare Association and individual homeowners challenging the cancellation of permissions for unauthorized constructions over a canal in Coimbatore. The court emphasized that water bodies, even if dry, are inalienable and must be preserved for public use.
The case centered on permissions granted in 2004, which allowed the construction of a culvert and pathway over the Sanganoor Canal that runs through the Shruthi Enclave. The permissions were later revoked by the Public Works Department (PWD) in 2006, citing deviations from the approved plans and the construction of tar-topped roads and walls instead.
The court, comprising Justices Dr. Anita Sumanth and C. Kumarappan, upheld these revocations, stating that the permissions were contrary to law and public interest. The ruling aligns with the Supreme Court's stance that water bodies must be protected and cannot be alienated for private purposes.
In its order, the court directed the Coimbatore Corporation to notify the petitioners of any deviations in their constructions and provide them an opportunity to rectify these issues. The court also set aside certain notices and proceedings from 2017 and 2018, allowing for a fresh review of the situation under proper legal provisions.
The judgment reaffirms the importance of preserving natural resources and highlights the legal framework aimed at protecting water bodies from unauthorized encroachments and constructions.
Bottom Line:
Unauthorized construction and encroachment over water bodies - Permission for culvert and pathway through canal deemed invalid - Water bodies are inalienable and must be preserved.
Statutory provision(s): Coimbatore Corporation Act, 1981 Section 296 (1), Coimbatore City Municipal Corporation Act, 1987 Section 296 (2), Tamil Nadu Town and Country Planning Act, 1971 Sections 54 and 56
