MADURAI: Madras high court has observed that it cannot permit putting up any new construction on land classified as a waterbody. It was hearing a petition filed by Arumugam, seeking a direction to the authorities to remove the encroachment made on Odai Kaalvai, in Marandhai village in Alangulam taluk in Tenkasi district.
A division bench of Justice G R Swaminathan and Justice B Pugalendhi said that the special govt pleader had submitted that there is an existing cremation shed in the very same survey number and since it is in a dilapidated condition, it is necessary to put up a new shed.
The judges observed that if the existing shed has become dilapidated, it can be demolished and a new shed built at the same site without changing the dimensions. “We cannot permit any further construction to come up in the waterbody at a new site. It is for the district collector to take a call in the matter,” the judges said.
The judges also observed that they fail to understand how a building put up in 2011 is in a dilapidated condition within 13 years. If this was true, appropriate action may be taken against the officials responsible, the judges observed and disposed of the petition.
