Declaration of 13,720 hectares of land as catchment area is unconstitutional, says Madras High Court

CHENNAI: The Madras High Court held that the classification of 13,720 hectares of land in the second master plan comprising 27 villages in the Thiruvallur district as a catchment area is unconstitutional and directed the State to consult experts to ensure the protection of water bodies.

A division bench of Justice SS Sundar and N Senthil Kumar wrote that since the government has no proposal to acquire the land the reservation of such a vast extent of land as a catchment area in the master plan and to treat the same as ' No Development Zone such a declaration even at the inception is void while allowing a batch of petitions moved by two private companies.

The Tamil Nadu Town and Country Planning Act 1971, does not authorize the classification of a huge track of lands as a catchment area and declares the lands as "No Development Zone" without acquiring the same as contemplated, read the judgment.

The State has permitted all types of developments within the area reserved as catchment areas quite contrary to the stand taken, the petitioner has only put up godowns which can be permitted even according to 2019 regulations. Hence, the lock, seal, and demolition order is liable to be quashed, wrote the bench.

It is open to the State and Chennai Metropolitan Development Authority (CMDA) to revise the master plan taking note of this judgment and in the light of the recommendations in their final report strictly adhering to the provisions of the 1971 act, read the judgment.

The bench also permitted the State to consult experts and provide the necessary infrastructure to ensure the protection of water bodies throughout the area where the jurisdiction of CMDA is extended and the supply of quality drinking water in sufficient quantity, wrote the bench.

The two private companies Global Waste Recyclers and B.T. Enterprises moved the petitions seeking to quash the lock, seal, and demolition notification.

The petitioners stated that they purchased two separate lands at Alamathi village, Sholavaram Panchayat in 2008 and constructed godowns for the companies after obtaining proper planning permission. However, in 2015 the CMDA claimed that the construction was unauthorized since the area was in a catchment area as per the second master plan and issued the lock, seal, and demolition notice.

Senior counsel P Wilson represented the petitioners and submitted that the 27 Villages were reserved in the master plan as catchment areas and almost a major portion of this area is covered by construction.

There are even government buildings, commercial buildings, schools, and colleges, and petrol bunks are constructed in the entire lands reserved as catchment areas, said the counsel. The rejection of the petitioner's application on the grounds that it is a catchment area, which is a total prohibitory zone, is contrary to the regulations, he added.