AIR 2005 MADRAS 311 ::(2005) 4 CTC 1 (MAD) ::2005 (4) CTC 1 ::(2005) 3 Mad LW 313

Madras High Court

Hon'ble Judge(s): Markandeya Katju , C.J. AND F. M. Ibrahim Kalifulla , J

Tamil Nadu Land Encroachment Act (3 of 1905) , S.6— Constitution of India , Art.21, Art.48A, Art.37, Art.51A(g)— Encroachment into 'odai poramboke' (natural water storage resource) - Removal of - Precarious water situation prevailing in State in major part of year - Imperative for State to see that such noted water storage resources are not obligerated - Providing healthy environment enables people to enjoy "equality life" guaranteed under Art. 21 - Fundamental rights and directive principles providing for protection of environment are to be read together - State Govt. directed to take legal action for removal of illegal encroachments. Land in question has been classified as 'odai poramboke' in the revenue records. Petitions are being filed by way of 'public interest litigation' alleging encroachments into ponds/tanks/lake/odai porambokes etc. in different parts of State, more particularly in villages. Having regard to the acute water scarcity prevailing in the State of Tamil Nadu as a whole, 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. In fact, the classification as Ooranis, Odais, and Lakes in the revenue records are all areas identified in the villages where th....