W.P.No.32672 of 2019 W.P.No.32672 of 2019 THE HON’BLE CHIEF JUSTICE and P.D.AUDIKESAVALU, J. (Made by the Hon’ble Chief

W.P.No.32672 of 2019
W.P.No.32672 of 2019
THE HON’BLE CHIEF JUSTICE
and
P.D.AUDIKESAVALU, J.
(Made by the Hon’ble Chief Justice)
The State should forward copies of any report or affidavit or
document that the State wishes to rely on to advocate for the
petitioner.
2. This is a matter involving a newly-constructed police station,
which appears to have come up on a waterbody. A team of experts
from the IIT, Madras has submitted a report indicating that the police
station has been constructed on a waterbody and there are several
other encroachments that have almost completely destroyed the
waterbody.
3. It is submitted on behalf of the State that the Chennai
Metropolitan Development Authority has maps in its records that show
the locality and the area to be a waterbody; but the revenue records
going back to 1987 do not indicate any waterbody, as the land was
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W.P.No.32672 of 2019
recorded as grazing land under the control of the animal husbandry
department. It is quite possible that the revenue records may have
revealed dry land and the CMDA records a waterbody because of the
particular seasons when the recordings were made. But, once the
CMDA records show the existence of a waterbody and the expert
opinion in such regard is that there was a waterbody at the site, the
sanctity that the revenue records usually command is diluted
substantially in this case. At any rate, in a State where waterbodies
develop for a few months following the rains and leave no sign in the
dry season, the channels have to be left undisturbed and areas that fill
up with water in the wet season must be equally protected to allow for
the collection of water.
4. The State should take all things into consideration and report
to this court when the matter appears next, a fortnight hence, as to
what course of action would be adopted, not only in respect of the
Semmencherry Police Station at survey No.439/3A1A1A1 of
Sholinganallur Village, but also in respect of the several other
encroachers.
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