Madras HC suggests formation of permanent body to protect rivers in TN

The judges observed, "Such diversion has a long-lasting effect of depleting the water flow and, after a few years, the rivers will become extinct.
Madurai Bench of the Madras High Court
Madurai Bench of the Madras High Court

MADURAI: The Madurai Bench of the Madras High Court on Monday suggested the state government to form a permanent body, exclusively for the purpose of protecting rivers and other water resources in the state. A Bench of justices R Mahadevan and J Sathya Narayana Prasad made the suggestion while passing orders on a Public Interest Litigation (PIL) filed by a man, R Vinoth of Tirunelveli, against illegal diversion of rivers in the Western Ghats region by private resorts to create artificial waterfalls for commercial purposes.

The judges observed, "Such diversion has a long-lasting effect of depleting the water flow and, after a few years, the rivers will become extinct. Then, encroachment starts and the entire area is converted into residential or commercial zones. This would also affect the wildlife and migration of birds." They said the authorities should take swift action to prevent such illegal activities.

Referring to the National River Conservation Directorate (NRCD) of the union government, which aims to protect and restore the water bodies, the judges opined that the state must also endeavour to set up a separate permanent body for that purpose. The judges noted that in accordance with the previous directions issued by the court in the case, a committee headed by director of tourism, commissioner of land administration (or his representative), assistant principal chief conservator of forest and others as members has been constituted to curtail the illegal diversion of natural flow of waterfalls for commercial activities.

The judges wanted the committee to inspect all rivers in the state using scientific instruments to identify any illegal diversions and file a report before the government within three months. Based on the report, such properties should be closed down and criminal action has to be initiated against the owners, they added. They also directed the authorities concerned to initiate departmental action against the officials who colluded with the violators in creating such artificial waterfalls.

Since it was alleged that even the land belonging to Thiruvavaduthurai Adheenam has also been encroached upon to set up artificial waterfalls, the judges directed the Commissioner of Hindu Religious and Charitable Endowments (HR and CE) department to ensure that the Adheenam restores those properties and takes action against the officials who were involved in it. The case was posted after three months for reporting compliance.

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