Search Results Page
Search Results
1 - 10 of 14 (0.36 seconds)Article 21 in Constitution of India [Constitution]
Animal And Environment Legal Defence ... vs Union Of India And Ors on 5 March, 1997
https://www.mhc.tn.gov.in/judis
W.P.No.6670 of 2023
Animal and Environment Legal Defence
Fund Vs. UOI, reported in 1997 (3) SCC
549; M.C.Metha Vs. UOI reported in
1997 (3) SCC 715, issued certain
directions. The directions issued were
two fold, firstly, a positive direction to
remove the encroachments over odai
poramboke which was complained of in
the said Public Interest Litigation,
secondly, a direction to the State
Government to identify all such natural
water resources in different parts of the
State and wherever illegal
encroachments are found, initiate
appropriate steps in accordance with the
relevant provisions of law for restoring
such natural water storage resources
which have been classified as such in the
revenue records to its original position
so that the suffering of the people of the
State due to water shortage is
ameliorated.
T.K.Shanmugam vs The State Of Tamil Nadu on 30 October, 2015
28. That apart, while
answering the reference in a Writ
Petition filed at the instance of the
petitioner herein, viz.,
T.K.Shanmugam Vs. State of Tamil
Nadu (2015 (5) LW 397), the Full
bench of this Court, after
considering the various Government
Orders and the judgments of this
Court and also following the
observations and directions issued
by the Hon'ble Apex Court, vide
order dated 30.10.2015, has held
that even the tanks which do not fall
within the purview of the Tamil
Nadu Protection of Tanks and
Eviction of Encroachment Act,
https://www.mhc.tn.gov.in/judis
W.P.No.6670 of 2023
2007, also require protection from
encroachment and any
encroachment made in such tanks or
water bodies have to be removed by
following the provisions of the Act.
Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Hinch Lal Tiwari vs Kamala Devi And Ors on 25 July, 2001
"12. A Public Interest Litigation was
filed by one Mr.L.Krishnan seeking for a
direction against the Government and the
Revenue Officials to remove
encroachments made by certain private
parties in a Odai Poraomboke in
Villupuram District. While disposing of the
Writ Petition, the Division Bench pointed
out that ponds, tanks and lakes have been
an essential part of the people's natural
resources, however in recent years, these
have been illegally encroached by
unscrupulous persons and this has had
adverse effect on the lives of the people.
Further, it was pointed out that day in and
day out, many petitions are filed by way of
Public Interest Litigation alleging
encroachments into ponds/tanks/lakes/odai
Poramboke etc., in different parts of the
State, more particularly in villages. Having
regard to the acute water scarcity
prevailing in the State of Tamil Nadu, it
was pointed out that a time has come where
the State has to take some definite
measures to restore the already earmarked
water storage tanks, ponds and lakes as
disclosed in the revenue records to its
original states as part of its rain water
harvesting scheme. The Court took judicial
https://www.mhc.tn.gov.in/judis
W.P.No.6670 of 2023
notice of the action initiated by the State
Government by implementing the water
harvesting scheme as a time bound
programme. It was further pointed out that
it is imperative that such natural resources
provided for water shortage facilities are
maintained by the State Government by
taking all possible steps both by taking
preventive measures as well as by removal
of unlawful encroachments. After
referring to the decision of the Hon'ble
Supreme Court in the case of Hinch Lal
Tiwari Vs. Kamal Devi reported in 2001
(6) SCC 496, it was held that the
endeavour of the State should be to
protect the material resources like
Forests, Tanks, Ponds etc., in order to
maintain ecological balance, which
would pave the way to provide a healthy
environment and enable the people to
enjoy a quality life, which is essence of
the right guaranteed under Article 21 of
the Constitution. It was further held that
in the State of Tamil Nadu having
regard to the precarious water situation
prevailing in the major part of the year,
it is imperative that such noted water
storage resources, such as tanks, odai,
oornis, canals etc are not obliterated by
encroachers. Reference was also made to
Article 48-A of the Constitution.