Chennai, Aug 29:
Madras High Court has asked the state revenue department to file a status report on fixing responsibility on officials and initiate action against them for issuing pattas for encroachment on 105 water bodies in Salem district.
After perusing the status report filed by Salem district collector V Sampath, the first Bench comprising of Justice S K Kaul and R Mahadevan said the report by the district collector has brought forth succinctly the enormity of the mess already created by issuance of pattas by authorities who were not eligible to do so.
Pattas were being issued for water body areas which is impermissible and allottees have been violating the terms and conditions of allotment and allotting the area for residential plots with sale to third parties. It, however, appears that the authorities have finally woken up to the issue and have now issued notices, the judges observed..
The judges observation came after the Salem District Collector while submitting the status report apologised for not seeking extension of time from the court over conducting survey of 105 water bodies in one month. “I apologise for not implementing the orders of Madras High court which is neither willful nor wanton but due to administrative reasons,” the collector stated. He agreed that pattas was issued to individuals under various circumstances including TN Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948.
The judges accepted the apology from the collector and stated that there are 105 water bodies under the control of the Public works Department in Salem district and a committee has now been constituted to prevent encroachments and preserve the water bodies.
“We direct that any litigation arising from these notices by filing writ petitions would be listed before this bench alone. Further status report has to be filed within six weeks,” the judges stated.
“We are of the view that there has been gross negligence and collusion in such widespread violations and it is necessary for the department to look into the issue administratively to fix responsibility and initiate action against the officers concerned. A separate status report regarding this aspect be also filed within the same time, “ the judges said while listing the case on October 24.
Madras High Court has asked the state revenue department to file a status report on fixing responsibility on officials and initiate action against them for issuing pattas for encroachment on 105 water bodies in Salem district.
After perusing the status report filed by Salem district collector V Sampath, the first Bench comprising of Justice S K Kaul and R Mahadevan said the report by the district collector has brought forth succinctly the enormity of the mess already created by issuance of pattas by authorities who were not eligible to do so.
Pattas were being issued for water body areas which is impermissible and allottees have been violating the terms and conditions of allotment and allotting the area for residential plots with sale to third parties. It, however, appears that the authorities have finally woken up to the issue and have now issued notices, the judges observed..
The judges observation came after the Salem District Collector while submitting the status report apologised for not seeking extension of time from the court over conducting survey of 105 water bodies in one month. “I apologise for not implementing the orders of Madras High court which is neither willful nor wanton but due to administrative reasons,” the collector stated. He agreed that pattas was issued to individuals under various circumstances including TN Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948.
The judges accepted the apology from the collector and stated that there are 105 water bodies under the control of the Public works Department in Salem district and a committee has now been constituted to prevent encroachments and preserve the water bodies.
“We direct that any litigation arising from these notices by filing writ petitions would be listed before this bench alone. Further status report has to be filed within six weeks,” the judges stated.
“We are of the view that there has been gross negligence and collusion in such widespread violations and it is necessary for the department to look into the issue administratively to fix responsibility and initiate action against the officers concerned. A separate status report regarding this aspect be also filed within the same time, “ the judges said while listing the case on October 24.
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