Every Individual Has Duty To Protect National Environment: Madras High Court Orders Removal Of Encroachments From Buckingham Canal

While disposing of a writ petition filed by Kasturbha and Indira Nagar Residents Welfare forum seeking to remove encroachments from the Buckingham Canal lying between Chennai and Puducherry, the Madras High Court emphasised that it was the duty of every individual to protect and improve the national environment and the national assets. It is the duty of every citizen to protect and improve the national environment and national Assets like Rivers, Canals, Water bodies etc. Forests, rivers, water bodies, wildlife etc. are our national wealth and they do not belong to an individual, Government or Authority. The Government is the custodian of this wealth and as beneficiaries of this wealth, it is as much our duty as that of the Government to preserve and treasure our natural resources and environment for posterity. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the citizens and the government were two wheels of development and if any one wheel derails, it will affect the development. The court also pointed out that encroachments were a direct reflection on the failure of the Government to provide basic facilities to the poor. Encroachments are a direct reflection on the failure of the Government to provide the basic need of shelter to the poor. Due to rapid urbanisation the urban sprawl has encroached Government vacant lands, water bodies, channels and canals etc. In view of the status report highlighting the level of encroachments in the area, the court issued a slew of directions. The court directed the authorities to ensure that boundaries of the canals were to be demarcated within six months. The canal was to be restored to its original boundaries after demarcation was done as found in the original records. After demarcation of boundaries, the encroachment was to be removed within one year. As encroachments are removed, the Inland Waterways Authority of India was to protect and maintain the Canal free from any further encroachments and the State Government was to provide full assistance. All structures in the canals were also to be removed within a period of one year. The court restrained all courts from entertaining any petitions with respect to encroachments in the canal or to regularise any structures. Further, no future construction should be permitted in the canal except with the approval of IWAI. Though normally the court would have simply disposed off the petition, since no action had been taken for the past eight years, the court directed the respondents to file compliance reports with respect to the timelines issued.Case Title: Kasthuribha and Indira Nagar Residents Welfare Forum v. Secretary, PWDCase No: WP No 6609 of 2014Citation: 2022 LiveLaw (Mad) 400Counsel for the Petitioner: Mr.Hari RadhakrishnanCounsel for the Respondents: Mr.J.Ravindran, Additional Adv. General Assisted by Mr.A.Selvendran, Special Government Pleader, Mr.Arun Babu, Mr.V.Chandrasekaran, SPCMr.S.R.Raghuathan as Amicus Curiae Mr.A.R.L.Sundresan (SC), for M/s.A.L.Gandhimathi, Mr.V.Ragavachari, Mr.K.V.Babu Assisting the CourtClick here to read/download the judgment

Every Individual Has Duty To Protect National Environment: Madras High Court Orders Removal Of Encroachments From Buckingham Canal

Upasana Sajeev

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