HC slams govt for failing to clear lake squatters

‘No status report forthcoming after ultimatum to clear Chitlapakkam of encroachers’

CHENNAI: Taking strong exception to the State citing stay orders for non-removal of encroachments in and around the Chitlapakkam lake despite earlier assurances that the process had commenced, the Madras High Court has slammed the Tamil Nadu government for resorting to the age-old ploy of blaming the court.

The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu taking up the plea moved by Arappor Iyakkam seeking to clear Chitlapakkam Eri of encroachments said: “While time is being sought from July 7, no status report has been forthcoming. Instead, it is submitted by government Pleader that there was a previous petition in 2010 in which the encroachers were directed to be removed, whereupon 403 encroachers were discovered and despite the State attempting to remove such encroachers, several of them approached this court and obtained a stay.

On observing that other considerations overtake executive prudence and the executive turns a blind eye to rampant encroachment without making any serious endeavour to protect the water bodies and other natural features, including forests, the bench led by Chief Justice said: “The case at hand is no different. More often than not, the executive pays lip service to the removal of encroachment by not following the procedure established by law or by deliberately breaching the principles of natural justice.”

“It is such a stay, which at times is engineered by the State by its inaction or improper action, that is cited before the court once again to thwart the endeavour to protect water bodies or forests,” the bench held.

Further, the court also cited another writ petition which requires satellite images of all waterbodies in the State to be obtained and geo-referenced to ensure that no further desecration has been kept languishing without effective measures being taken.

“There is no doubt that there is a need for the burgeoning population to be provided housing and shelter. But such need does not permit waterbodies and whatever little is left of forests to be destroyed,” the bench held.

Based on this, the bench sought the Chief Secretary to ensure that a status report is filed. “The court needs to be convinced that genuine steps are being taken to protect water bodies and forests and whatever is left of the coastal regions and nature so that future generations find the State habitable and can survive here. It cannot be a piecemeal solution,” the bench held posting the plea for further hearing to September 15.

More often than not, the executive pays lip service to the removal of encroachment by not following the procedure established by law

– Sanjib Banerjee, Chief Justice, Madras High Court