HC: Halt construction on vacant land adjacent to waterbody

TNN / Aug 21, 2024, 05:16 IST

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HC: Halt construction on vacant land adjacent to waterbody

Madurai: The Madras high court has directed the Dindigul district administration not to allow any construction on the vacant land adjacent to a waterbody in Dindigul district.
The court was hearing a public interest litigation filed in 2018 by R Gopal, who sought the removal of encroachments and the prevention of garbage dumping inside the Chinnakulam Kanmai, located in Oddanchatram, Dindigul district.
A division bench of Justice G R Swaminathan and Justice B Pugalendhi noted that the survey number, covering approximately 11.63 hectares, was originally classified as a waterbody. A portion of this area was proposed by the local body for the construction of a compost yard. Although the petitioner immediately approached the court, the local body proceeded with the construction, taking advantage of the absence of an interim order.
In 2023, the first bench of the court firmly stated that any construction within the waterbody for solid waste storage must be removed, emphasizing that the kanmai is meant for water storage, not waste.

“It is unfortunate that what was once a waterbody spread over 11.63 hectares has been reduced to 7.2.580 hectares. We can only condemn the district administration and local body for having done so. Since we are satisfied that public purpose is being served as on date, we do not want to interfere,” the judges observed.
The judges also observed that 2.41 hectares have been classified as vacant land adjacent to the waterbody and are being used for forestry purposes. They directed that no construction shall be permitted on this land at any time, and it shall be used exclusively for growing trees. The petition was subsequently closed.

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