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Judgment
This original application has been registered on the basis of the news item titled "Encroachers remain on lake despite HC fiat" appearing in the ‘Times of India’ dated 11.01.2024.
The news item discloses that the Chitlapakkam lake in south Chennai has a water spread of about 53 acres which is now only 47 acres and six acres have been taken over by the encroachers who have built houses on the western side of the lake. The news item further discloses that inspite of the order of the Madras High Court, many of the encroachers have been left untouched and out of 403 identified encroachments, authorities have removed only 74 till date. It further discloses that instead of complying with the order of the Court fully and removing all encroachments, WRD is carrying out restoration work at a cost of 25 crore on the available area, thereby legalizing the encroachments.
The news item raises substantial issue relating to compliance of the environmental norms and enforcement of Scheduled enactments.
Power of the Tribunal to take up the matter in suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in the OA:
i. Water Resource Department, Tamil Nadu, through its Chief Engineer and Director.
ii. Tamil Nadu State Pollution Control Board through its Member Secretary.
iii. District Collector/District Magistrate, Kanchipuram.
iv. State Wetland Authority through the Member Secretary.
Let Notice be issued to the above Respondents for filing their response before appropriate bench of the Tribunal.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. Let the original record of the OA be transferred to the Southern Zonal Bench, Chennai.
List before Southern Zonal Bench at Chennai on 15.04.2024.