First bench closes PIL seeking to restore Chitlapakkam lake
CHENNAI: Notwithstanding the earlier directions given by a division bench of the Madras High Court asking the State government to file a comprehensive report about the extent to which Chitlapakkam lake area has been assigned for other purposes after classifying it as ‘Natham Poramboke’, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamurthy closed the Public Interest Litigation (PIL) after making general observations.
The first bench, which has been averse to entertain the array of PILs pertaining to encroachments flooding its door steps, have been disposing them of on the basis that the onus was on the executive to act and that the court cannot don the executive’s role. Taking a similar stand on this issue, Chief Justice Banerjee included the PIL under such a category despite its pendency since 2017 and a division bench raising pertinent questions as to under what law the State government permitted reclassification of the waterbody. He then reiterated that it was the bounden duty of every functionary of the State to protect a waterbody and to ensure that there was no encroachment on public land and no discharge of any effluents into any flowing water, including into sea.
“In the light of the recent orders of this court pertaining to complaints regarding waterbodies and public land being carried by way of PIL to this court, the petitioner in this case is left free to approach the local authorities with a written representation,” the bench said.
“The local authorities will consider such representation and respond to the same by a speaking order within three weeks from the date of receipt thereof. In the event the petitioner is aggrieved by the response or the inaction of the appropriate authorities, the petitioner will be entitled to pursue the petitioner’s remedies in accordance with law, but otherwise than by way of a PIL,” the first bench stressed while closing the PIL. The PIL moved by advocate S Vaidyanathan had sought for a writ of mandamus directing the State to repossess the government lands abutting and forming part of the Chitlapakkam lake from illegal occupants and restore the waterbody and its foreshore and basin and overflow canals to its original extent and size as shown in government records.
The plea had also sought for the proper maintenance of the lake to cater to potable water needs for thousands of residents in the locality, and prevent overflowing and flooding of approved layouts in the area during monsoon.
It may be noted that a division bench had earlier restrained the Central Warehousing Corporation from building anything on the one lakh square feet of land allotted to it after reclassifying the lake area.