Date:04/03/2006 URL: http://www.thehindu.com/2006/03/04/stories/2006030419300400.htm

Tamil Nadu - Chennai

Supreme Court stays taking over of water body

Kannal Achuthan

New hope for temple tank in Okkiyam - Thoraipakkam

High Court order failed to appreciate that the taking over of a water body was contrary to the principle of sustainable development
The Government encourages rainwater harvesting but encroaches the tank.

Residents say that reviving the tank would improve the ground water table in the area

CHENNAI: A temple tank in Okkiyam - Thoraipakkam that is being filled to make way for a commercial complex has won another chance for survival.

Based on a special leave petition filed by Susedha, a local resident, the Supreme Court has granted interim injunction restraining any work on the temple tank site till orders are passed in the case. The SLP had challenged a Madras High Court order, which allowed the taking over of the tank.

Order suspended

The Supreme Court has also suspended part of the Tamil Nadu Government order dated February 6, 2005, which said that the temple tank site would be used to build a commercial complex for traders who had been displaced by the IT Highway project.

In the SLP, Ms. Susedha said that the Madras High Court order, dated January 18, 2006, failed to appreciate that the taking over of a water body was against public interest and contrary to the principle of sustainable development.

Right to public property

It wanted the Supreme Court to consider "whether the encroachment of tanks and ponds by the Government for commercial purpose violates right to life under Article 21 of Constitution of India which guarantees quality life through proper and healthy environment."