Madras High Court bars buildings in water bodies

 

 In his petition, Shanmugasundaram sought a direction to the authorities to restore the water body (Perumballa Odai) in Kathirampatti village in Erode District to its original position by desilting and removing obstructions. According to petitioner, the water bodies such as Perumballa Odai were not only the source of irrigation for the agricultural lands dependent upon it but also acts as a carrier in case of flood caused due to sudden down pour. If the free flow of water through the water bodies was obstructed by encroachment, then not only the livelihood of the agriculturists will be affected but also it leads to flooding in case of deluge. 

 

The obstruction in the Perumballa Odai blocks the flow of water in the water body and also prevents storage of water in the Odai. Moreover, there was a possibility of village also getting flooded in case of heavy rain due to the obstruction caused by encroachment. This court in April 2010 had directed the Tahsildar to remove the obstructions. However, the authorities have not endeavoured to remove the obstruction and ensure free flow of water. 

 

Meanwhile, the authorities have indulged in an act of dumping waste soil over the water body to obliterate it. Hence, he gave a representation to the state government to take action against the authorities and remove the obstructions and encroachments. But, there was no response, he added. The bench had on November 16, 2015 directed the authorities to have a spot inspection and submit a report. On Wednesday, government advocate informed the court that inspection had been conducted. At this stage, counsel for the petitioner submitted that the government proposes to lay road on the water body as was done in other lakes and ponds.

 

The bench said, “As an interim measure, we order that there shall not be any permission to make any construction in any manner, on the water bodies anywhere in the entire state of TN till January 18, 2016. Call this matter on January 18, 2016.