CHENNAI: The Madras High Court on Friday quashed the allotment of eight acres of backwaters land to the Indian Statistical Institute in Chennai and ordered retrieval of the plot after removing debris and structures from the place.
The first bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy passed the orders on a petition filed by I H Sekar, founder and managing trustee of the Nature Trust, seeking to quash the 2014 allotment order issued by the then district collector and reclaim the plot located at Karapakkam village in Sholingunallur Taluk adjoining the Ramsar site of Pallikaranai marshland.
Besides quashing the allotment order, the bench directed the respondent authorities to ‘restore it to its natural use’ by removing the debris that was used to fill up the land, and restore Kazhuveli Backwaters land to its original use of storing water that drain in, store it and drain it out into Buckingham Canal.
The Indian Statistical Institute had filled up the swamp with debris and raised a compound wall at the cost of Rs 11 crore. Further, the revenue authorities were directed to change the classification of the land as Kazhuveli-Backwaters in the revenue records instead of ‘Punjai Tharisu Poromboke’.
The bench said the Indian Statistical Institute can approach the officials concerned for an alternative site. It also expressed concern over the unabated alienation of water bodies and wetlands disrespecting court orders.
“Repeatedly, the courts of law have been coming hard on such alienation, obliterations of water bodies and wetlands and directing preservation and maintenance of its appropriate use. Despite which, these indiscriminate alienations continue unabated,” it said.
Advocate VBR Menon, appearing for the petitioner, contended that the land, adjacent to Buckingham Canal, is classified as backwaters in the revenue records and is a wetland which the officials are legally bound to protect and preserve from alienation, reclassification or conversion into alternate uses.
He had also pointed out that the Madras HC passed an order in identical matter of land adjoining Buckingham Canal emphasising need for maintaining wetlands. However, in a counter-affidavit, the collector claimed that the land was classified as ‘Punjai Tharisu Poromboke’ and not backwaters as per the revenue records.
The bench, citing the entries made in the revenue records to alter the classification of the land, said, “It is the evil design of the revenue authorities to have a field day and exploit the pristine ecosystem and environment.” Pointing out that Tamil Nadu has 14 Ramsar sites, the bench said, the need for maintaining the land as a low-lying, swamp, backwater area is absolute and cannot be diluted or compromised.