HC directs inspection of waterbodies to prevent pollution

Madurai: Pollution of a water tank is a greater threat as it would affect the drinking water source, Madras high court observed while directing the water resources department (WRD) authorities to regularly inspect waterbodies under their control and certify that they are free of encroachment and pollution.A division bench of justice G R Swaminathan and justice B Pugalendhi observed that the state of Tamil Nadu introduced a special legislation in 2007 for protection and preservation of tanks. "Villagers have a fundamental duty to ensure that the water quality is preserved. The Constitution wants us to be compassionate towards all living creatures. On account of pollution, the water in the tank becomes unfit for drinking by the cattle. This shows lack of compassion on our part. It is a breach of constitutional duty. The collective duty of the citizens becomes the duty of the state," the judges observed.The water resources department was specifically carved out of the public works department with a certain purpose; that purpose will not be achieved unless there is a periodical inspection. Each assistant engineer has jurisdiction over a given number of tanks, the judges said and directed the secretary to the WRD to instruct the assistant engineers concerned to regularly inspect all the waterbodies under their control.Certificates must be submitted twice a year to the departmental heads by them. Since in every district, there are govt laboratories, their facilities can be used at minimal cost for this purpose. Circular on the above lines shall be issued forthwith. Persons acting in breach of the instruction set out in the circular shall be liable to face departmental proceedings, the judges directed.The court was hearing the petition filed by M Raja seeking to prevent illegal fish culturing and pollution of the water tank situated in Chinnakuravakudi in Usilampatti taluk in Madurai district.The judges observed that the WRD authorities submitted that no fish culturing took place in the tank. However, the petitioner asserted that the tank is being polluted on account of the illegal fish culturing. Therefore, the court directed an advocate to visit the village, conduct a field inquiry and collect water samples. His inquiry with the villagers revealed that the entire village joined together and auctioned the fishery rights to raise funds for the temple festival. The court also sent the water samples to the Tamil Nadu District Level Water Testing Laboratory in Madurai. It is crystal clear from the report that the water in the tank has been heavily polluted."When the environment is degraded, the poor are the first to be hit. Unfortunately, this is not understood by the ordinary folk. Otherwise, the villagers of Chinnakuravakudi would not have permitted a private individual to exploit their village pond," the judges observed.The judges directed the WRD to intervene in the matter immediately and ensure that the water tank is restored. Action shall also be taken against those who illegally cultured fish in the tank.