The Madurai Bench of the Madras High Court has directed authorities to protect Chinnakulam kanmai (tank) in Oddanchatram in Dindigul district and use the nearby vacant land only for growing trees.
The court was hearing a public interest litigation petition filed in 2018 by R. Gopal of Dindigul district, seeking a direction to the authorities to remove encroachment on Chinnakulam tank and forbear the authorities from dumping garbage in its vicinity.
A Division Bench of Justices G.R. Swaminathan and B. Pugalendhi took into account that the survey number measuring around 11.63 hectares was originally classified as a waterbody. The local body had proposed to put up a compost yard in a portion of the waterbody. The court observed that taking advantage of the fact that an interim order was not granted, the local body set up the compost yard.
The judges observed that in 2023 the court had directed that if any construction had taken place in the waterbody for the purpose of storing solid waste, it would have to be removed. A kanmai was only for the purpose of storing water, it had added.
The court took cognisance of the status report submitted by the Dindigul Collector, stating that the Oddanchatram Municipality had carried out improvement and desilting works in the tank. The court observed that it was unfortunate that the area of the waterbody which was once 11.63 hectares had been reduced to 7.2.580 hectares.
“We can only condemn the district administration and the 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. It is seen that 2.41 hectares has been classified as vacant land and it is being used for forestry purposes,” the court observed.
The court directed that at no point of time construction on the vacant land should be permitted. It should be used only for the purpose of growing trees, the court directed and closed the petition.
