(Order of the Court was delivered by S.J.MUKHOPADHAYA,J) The writ petition in public interest has been preferred for direction for removal of unauthorised encroachments from the pond in question and for that, prayer has been made to direct the respondents to decide his representation dated 16th August 2002.
2. According to the petitioner, number of persons including respondents 6 to 19 have encroached the pond Uppu Kulam situated in T.S.No.2054 , Servaikaran Street, Karanthatangudi,Thanjavur. The Tank has been classified as Kulampuramboke (water bodies). The 6th respondent is running a school and under the guise and serving the need of the local people, has filled up southern part of the Tank and is putting up construction of basement and several floors. Respondents 1 to 4 are silent spectators. Similarly allegation has been made against rest of the respondents 7 to 19 who were alleged to have made encroachments in and around the tank and made illegal construction. The matter has been brought to the notice of the authorities by his representation dated 16th August, 2002. But no action has been taken by the respondents.
3. The 2nd respondent Pollution Control Board, has accepted that the tank is Uppukulam tank and is located in T.S.No.2054, Karanthatangudi, Thanjavur Town having area of 1.96 acres. The said tank was previously known to be an irrigation pond having its inflow from River "Vadavur" and overflow drain called Sankaranthi Vaikal. The inflow channel passes through "Karanthai Tamil Sangam (a renowned institute) and reaches the pond. However, over the period of time, the Uppukulam pond has been encroached by habitants of Karanthatangudi on all sides and reducing the area of the pond and its benefits. The outflow of pond is presently totally closed and outflow channel acts as an open sewage drain in that residential area. The Commissioner of Thanjavur Munciipality vide his letter dated 03.07.2002 has informed that the pond is not useful to mankind and cattles. He further submitted that Uppukulam tank can be a rain water harvesting technique to increase the ground water level in the nearby areas if the area/water holding capacity of the tank is not reduced by encroachments. The said tank can be utilized for irrigation, domestic, fishing purposes if it is not polluted by the discharge of domestic sewage and dumping of solid wastes into the pond by the nearby encroachments. It is submitted that no permission has been given by the 2nd respondent to respondents 6 to 9 for encroachments and construction of the buildings in Uppukulam Pond.
4. The Commissioner, Thanjavur Municipality 4th respondent while accepted that the tank in question is a tank situate in T.S.No.2054, neither the building plan nor the site plan is approved by the said respondent. However, the 6th respondent was making a new construction, the respondents issued notice under Section 216(1) and (2) of the Tamil Nadu District Municipalities Act. The 4th respondent prosecuted the 6th respondent under
Section 216(3) read with Sec.317(b) and S.T.C.No.1063 of 2002 on the file of the Judicial Magistrate No.1, Thanjavur. The 6th respondent admitted that the offence and paid a fine to the tune of Rs.300/- on 16.10.2002 and further course of action is taken by 4th respondent against the 6th respondent and other respondents 7 to 19.
5. Counsel appearing on behalf of the 6th respondent submitted that the 6th respondent is running a school since time immemorial for about 60 years. It is also stated that the 6th respondent has obtained certain permission from the Tahsildar, Thanjavur on 2nd November 1989 and Commissioner of Thanjavur Municipality on 03.07.2009. However, it appears that by order dated 2nd October, 2009, the Tahsildar, Thanjavur had granted license under sub section (1) of Section 6 of the Tamil Nadu Public Building License Act, 1965 for a period of three years from 01.09.1989 to 31.08.1992 in respect of public building for running the school. No permission order seems to have been granted to construct the building.
6. Counsel appearing on behalf of respondents 10 to 19 submitted that the Court should not pass an order of removal over the pond in question. An opportunity should be given to the parties to place their case.
7. We have heard the counsel for the parties and perused the records.
8. Similar case came up for consideration before this court in the case of L.Krishnan vs.State of Tamilnadu reported in 2005 (4) CTC 1. But there was a public interest litigation against encroachment of Odai, Lake and Water courses. A Division Bench of this Court having noticed water bodies have been illegally encroached made the following observations:-
"4.We also find that the land in question has been clasified as 'Odai Poromboke' in the revenue records. Though based on the report of the Tahsildar dated 10.12.2004, this writ petition can be summarily disposed of by directing the 3rd respondent to take necessary steps for the removal of the encroachments. We feel it appropriate to pass this order and give certain other directions to the first respondent-State Government to make an overall study of all such encroachments in respect of the lands which have been classified as lands meant for the purpose of storage of water (ie.. ponds, tanks, lakes etc.). We are of the view that in the present day context, such a step is required to be taken by the State in order to improve the water storage facility prevailing in this State since in many parts of Tamil Nadu people are suffering from an acute shortage of water.
5. Since time immemorial ponds, tanks and lakes have been used by the people of our Country, particularly in rural areas, for collecting rain water for use of various purposes. Such ponds, tanks and lakes have thus been an essential part of the people's natural resources. However, in recent years these have been illegally encroached upon in many places by unscrupulous persons who have made their constructions thereon or diverted them to other use. This has had an adverse effect on the lives of the people.
6. It is also relevant to state that day in and day out, many such petitions are being filed by way of 'public interest litigation' alleging encroachments into ponds/tanks/lake/Odai Porambokes, et., in different parts of this State, more particularly in villages. Having regard to the acute water scarcity prevailing in the State of Tamilnadu as a whole, we feel that a time has come where the state has to take some definite measures to restore the already ear marked water storage tanks, ponds and lakes, as disclosed in the revenue records to its original status as part of its rain water harvesting scheme. We also taken judicial notice of the action initiated by the State Government by implementing the water harvesting scheme as a time bound programme in order to ensure that the frequent acute water scarcity prevailing in this State is solved as a long time measure. In fact, the classification as Ooranis, Odais and Lakes in the revenue records are all areas identified in the villages where the rain water gets stored enabling the local villagers to use the same for various purposes throughout the year inasmuch as most parts of the State are solely dependent on seasonal rains both for agricultural operations as well as for other water requirements. Therefore, it is imperative that such natural resources providing for water storage facilities are maintained by the State Government by taking all possible steps both by taking preventive measures as well as by removal of unlawful encroachmetns".
9. In the said case, apart from the direction given in regard to the respondents of the said case, a general direction was also issued directing the State to identify all the natural water resources in the different parts of the State and with regard to illegal encroachments, order of removal was directed to be initiated wherever illegal encroachments are found.
10. The said relevant portion of the order is also quoted here:-
"Therefore, we direct the respondents 1 to 5 to take necessary legal steps to remove the alleged encroachments made by the respondents 6 to 12 as well as the petitioner over Odai Poramboke in Iyan Punji Survey No.100/1 at No.247, Tatchur Village, Kallakurichi Taluk, Villupuram District measuring 5 acres and 70 cents. Inasmuch as this writ petition has come before us by way of public interest litigation, we take this opportunity to direct the State Government to identify all such natural water resources in different parts of the State and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law, for restoring such natural water storage resources which have been classified as such in the revenue records to its original position so that the suffering of the people of the State due to water shortage is ameliorated".
11. In the present case, we are not expressing any opinion with regard to the individual respondents 6 to 19 as it is for them to prove by any valid document to establish their right and title to hold the land. It is for all of them to show that they have obtained permission to construct the house of their own or some patta has been issued by competent authority for holding such lands. As it is admitted that T.S.No.2054, Servaikaran Street, Karanthandangudi, Thanjavur is a water body (pond) and large number of persons have encroached over the same and this Court has also directed the State and its officials to identify all such Natural Water Resources in different parts of the State and take appropriate steps in accordance with the relevant provision of law for restoring such natural water storage resources by removing the illegal encroachment if it is found, we feel that the respondent should comply with the said direction in the present case.
12. The District Collector, Tahsildar and the Director of Municipal Administration are directed to give notice to all those who have encroached over the tank situate in T.S.No.2054, Servaikaran Street, Karanthandangudi, Thanjavur, including respondents 6 to 19 as to why they shall not be removed from the water porombake having encroached such land. In their tune, respondents 6 to 19 on receipt of such notice, may reply to show that they have valid documents of right and title to hold such land. After scrutiny of such documents, if it is found that any other person has no right and title, but encroached over the water poramboke or Government poramboke, the respondents will remove such encroachers immediately. For issuance of such notices and completion of such proceedings, we allow three months' time to the authorities to complete the procedure. If such action is not completed within the aforesaid period, it will be open to the petitioner to bring the matter to the notice of the Court for appropriate order.
13. With this observations, the writ petition is disposed of. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.