HC stops govt construction on wetlands
TIMES NEWS NETWORK
Chennai:2.5.2019
Censuring the state government for failing to protect waterbodies for the last five decades, but instead concentrating on “production of artificial water (liquor)”, the Madras high court quashed two government orders transferring 61.6 acres of wetland to two government departments for construction of buildings.
The Kazhuveli land parcels (backwater land) are along the sides of Buckingham Canal near Okkiam Thoripakkam and Sholinganallur.
The land which has been classified as “Backwater (Kazhuveli) land” in the revenue records and land adjacent to Buckingham Canal are waterbodies/ wetlands. The Buckingham Canal receives excess water from Pallikaranai marshland through Thoraipakkam-Okkiam channel and discharges it into the sea and acts as a protective shield for the city.
It was the case of the petitioner I H Sekar that the Kazhuveli land helps to avoid/ mitigate the effects of floods during excess rain and high tides such as tsunami, and to store the excess water entering into the Buckingham Canal, preventing water wastage.
But the authorities who were duty bound to protect and preserve such waterbodies have neglected their primary responsibility and subdivided and transferred the land to the state transport department for construction of a regional transport office and to the tourism, culture and religious endowments department for the formation of Tamil Nadu Music and Fine Arts University, the petitioner said.
Allowing the plea, a division bench of Justice M Venugopal and Justice S Vaidyanathan said, “The starting point for encroachment is allotment of a small portion of the environmental areas for some other purpose and later on, it will be widespread, polluting the rest of the areas. Though six feet space is sufficient for burial of a dead body, several burials will make it a graveyard.”
It is apposite to state that if water and its storage places are not properly preserved, the day is not far off for us to beg for water from other states and countries, the bench added.
The court then quashed the GOs and directed the state to stop construction and relocate the buildings, if any, constructed on the lands within one year.
“This court fixes the responsibility on the chief secretary and the chairperson of Tamil Nadu State Wetland Authority for survey and removal of encroachments on the wetlands and any negligent attitude noticed shall be viewed seriously,” the bench said.
The starting point for encroachment is allotment of a small portion of the environmental areas for some other purpose and later on, it will be widespread, polluting the rest of the areas. Though six feet space is sufficient for burial of a dead body, several burials will make it a graveyard
MADRAS HIGH COURT
TIMES NEWS NETWORK
Chennai:2.5.2019
Censuring the state government for failing to protect waterbodies for the last five decades, but instead concentrating on “production of artificial water (liquor)”, the Madras high court quashed two government orders transferring 61.6 acres of wetland to two government departments for construction of buildings.
The Kazhuveli land parcels (backwater land) are along the sides of Buckingham Canal near Okkiam Thoripakkam and Sholinganallur.
The land which has been classified as “Backwater (Kazhuveli) land” in the revenue records and land adjacent to Buckingham Canal are waterbodies/ wetlands. The Buckingham Canal receives excess water from Pallikaranai marshland through Thoraipakkam-Okkiam channel and discharges it into the sea and acts as a protective shield for the city.
It was the case of the petitioner I H Sekar that the Kazhuveli land helps to avoid/ mitigate the effects of floods during excess rain and high tides such as tsunami, and to store the excess water entering into the Buckingham Canal, preventing water wastage.
But the authorities who were duty bound to protect and preserve such waterbodies have neglected their primary responsibility and subdivided and transferred the land to the state transport department for construction of a regional transport office and to the tourism, culture and religious endowments department for the formation of Tamil Nadu Music and Fine Arts University, the petitioner said.
Allowing the plea, a division bench of Justice M Venugopal and Justice S Vaidyanathan said, “The starting point for encroachment is allotment of a small portion of the environmental areas for some other purpose and later on, it will be widespread, polluting the rest of the areas. Though six feet space is sufficient for burial of a dead body, several burials will make it a graveyard.”
It is apposite to state that if water and its storage places are not properly preserved, the day is not far off for us to beg for water from other states and countries, the bench added.
The court then quashed the GOs and directed the state to stop construction and relocate the buildings, if any, constructed on the lands within one year.
“This court fixes the responsibility on the chief secretary and the chairperson of Tamil Nadu State Wetland Authority for survey and removal of encroachments on the wetlands and any negligent attitude noticed shall be viewed seriously,” the bench said.
The starting point for encroachment is allotment of a small portion of the environmental areas for some other purpose and later on, it will be widespread, polluting the rest of the areas. Though six feet space is sufficient for burial of a dead body, several burials will make it a graveyard
MADRAS HIGH COURT
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