Use ‘reasonable force’ to remove squatters from water bodies: HC

CHENNAI: Using ‘reasonable force’ to evict encroachers near

water bodies

is justifiable given the immediate need to preserve and conserve such resources for the benefit of the present and future generations, the Madras high court said on Thursday.

A division bench of Justices

Huluvadi G Ramesh

and R M T

Teeka Raman

also directed subordinate courts across the state to refrain from entertaining pleas in connection with such encroachments as the bench has already seized of the matter.

The judges made the observation on a PIL moved by Iyarkai Valam Matrum Perumballa Odai Padukappu Nala Sangam of Erode district, represented by its president

K Shanmugasundaram

, seeking direction to the authorities concerned to preserve and conserve water bodies after removing encroachments.

During earlier hearings, the bench had directed all the districts to submit reports with regard to removal of encroachments near water bodies. Since of the 32 collectors only 19 had submitted their reports, the bench summoned the remaining 13 collectors to personally appear in court on September 21 to explain their failure to clear encroachments and file reports.

When the PIL came up for hearing on Thursday, additional advocate general filed applications seeking to dispense with the appearance of the collectors citing administrative reasons. It was assured that the collectors would appear on any other date as directed by the court. Allowing the applications, the bench said, “We are insisting their appearance not only because they failed to file the report, but because of our concern to save water bodies. We wanted to tell them [about] the seriousness of the issue in person.”

The court also observed district police authorities must handle the issue as seriously as a law and order problem, and immediately file FIR on complaints of encroachments from public. The bench then directed the appearance of 13 collectors on October 12 along with progress reports on removing encroachments.

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