Munmun Kaur
Published On: January 28, 2022 at 12:21 IST
Madras High Court on January 27 directed the concerned officials not to register lands classified as waterbodies. The Order was passed in view to avoid illegal encroachments.
Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu while dealing with a batch of Public Interest Litigations which complained of large-scale encroachments on waterbodies in the State, ordered the authorities to check before initiating the registration process and make sure that land which is already classified as waterbodies shall not be registered.
The High Court further ordered that those applying for layout approval must be made to submit the self-declaration that they are not applying for a waterbody to be registered as patta land. The Court added that if such declaration is not provided, registration should be avoided. Therefore, the Court made declaration mandatory for even obtaining building plan approval, property tax assessment, and securing electricity as well as drinking water connection.
The High Court also ordered that if any public authority, official, or other staff concerned is found to have granted or aided or abetted in granting approval for layout or building construction or assessment of property tax or electricity or water connection for a property located on waterbody or commits dereliction of duty by not protecting a waterbody from encroachment, he shall be liable for disciplinary action and prosecution for Offences relating to encroachment under Criminal law.
Earlier, Chief Secretary V Irainabu was asked by the Court to give a detailed report on waterbodies that were encroached upon. He had then filed a counter-affidavit listing the encroachments and also the steps taken by the Government to prevent and recover the encroachments.
Also read: Right to Healthy Environment
