Disciplinary Action To Be Taken Against Officers Who Grant Sanction For Constructing Public Buildings On Water Bodies: Madras High Court
The Madras High Court has directed the State Government to issue directions/circulars stating that appropriate disciplinary action against any officer who grants sanction for constructing public buildings/institutions on water bodies. The court said that action should be taken to recover the monetary loss that is caused to the State exchequer through such...
The Madras High Court has directed the State Government to issue directions/circulars stating that appropriate disciplinary action against any officer who grants sanction for constructing public buildings/institutions on water bodies. The court said that action should be taken to recover the monetary loss that is caused to the State exchequer through such sanctions.
“We, accordingly, are inclined to direct the State Government to issue necessary directions/circular to the effect that if any public building/institution is found constructed on a water body, appropriate disciplinary action and action towards recovery of monetary loss caused to the public exchequer shall be initiated against the authority, who granted sanction for construction,” the court said.
The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan was hearing a public interest litigation in connection with the construction of new Primary Health Centre and Panchayat office buildings on land which had been reserved as waterbody/canals.
Countering the plea, the State submitted that as per the instructions of the State Commissioner, Land Administration, the use of land for the construction of a public institution was not prohibited under the Act. it was also submitted that the Primary Health centre had been running for many decades, and the present plea has been filed only when the old dilapidated building was demolished and a new structure was raised.
The State further informed the court that as many as six buildings had been constructed in the land in question to accommodate public buildings and had been used by public at large.
The court directed the State to submit an appropriate proposal, within eight weeks, for shifting these buildings to clear the water body. The court also made it clear that no construction should be allowed in the remaining area of the waterbody.
The court also noted that in many cases, public buildings were being constructed on water bodies and sanctions were being granted to such construction without verifying the nature of the land. This prompted the court to direct that disciplinary action be taken against such persons who grant sanction for the construction of public buildings on waterbodies.
Counsel for Petitioner: Mr. M. Vijaya Ragavan
Counsel for Respondent: Mr. K. Karthik Jagannath, Government Advocate
Case Title: Prakasam v. The District Collector
Citation: 2025 LiveLaw (Mad) 347
Case No: WP No. 29422 of 2025 and WMP No.32968 of 2025