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Judgment
We have heard the learned counsel appearing for the applicant as well as respondents. The application is filed for directing the 2nd and 3rd respondents to demolish the compound wall illegally constructed on the lands comprised in Survey No.639/2, 635 and 632/ part in Korattur Village, Ambattur Taluk, and restore the lands/ waterbody to statusquo ante and also to direct the official respondents not to make any encroachments/obstruct free flow of water in Survey No.635 and also for granting injunction apart from restoring the water body.
After hearing the learned counsel and also referring the documents particularly Revenue Records, it is found that out of 3 Survey Nos. Survey No.635 is a waterbody which is an extent of 1 acre. The surrounding survey nos.639/2 and 632/part are classified as 'meikal poramboke'. It is true that for the purpose of enabling the waterbody situated in Survey No.635 to thrive, the surrounding lands to be kept vacant for allowing free flow of rainwater and in any event it cannot be disturbed. Admitted case of the respondent Nos.2 & 3 is that they have not put up any compound wall in Survey No.635 and it is only in Meikal Poramboke viz., Survey No.639/2 and 632/ part, a compound wall has been put up for the purpose of enabling to park the lorries of the Corporation. The respondent Nos.2 & 3 have made categorical statement that even in respect of the places which are classified as 'Meikal Poramboke' wherein the Corporation is proposing to park vehicles, no cement flooring or concrete materials will be used. We make it clear that in respect of Survey No.639/2 and 632/part the site must be kept as it is without any concrete structure, however parking of the lorries may be done by the Corporation subject to the condition that the lorries which are parked shall not be washed/serviced and the Corporation shall take all necessary steps to see that spillage of oil and diesel from these lorries does not take place. We further make it clear that in the event of any such activity, it is open to the applicant to approach the Tribunal again.
3 In so far as it relates to the compound wall which has been put up, while permitting the Corporation, to put up a gate for the purpose of avoiding encroachment and close the underground sump which is stated to be open, we make it clear that the compound wall must be put in such a way that free flow of water into the waterbody viz., Survey No.635 is not affected. Any compound wall which has been put up by the Corporation encroaching Survey No.635 shall not be extended further and in the guise of occupying poramboke land taking into consideration that the compound wall which is stated to have been put up so far is only for the purpose of parking lorries.
We direct the Corporation to make necessary arrangement for the purpose of free flow of rain water into the waterbody. However, Corporation has to strictly adhere that no further compound wall will be constructed at any point of time and the remaining portion shall not be made accessible for the animals and it should be kept as it is.
If the PWD/Corporation wants to put up any fencing without raising any compound wall, it is open to do so.
With the above direction, the application stands closed. There shall be no order as to cost.