Regularising wetland encroachment, crime against nature

In WP No.19566-Elephant G. Rajendran, Advocate Vs Chief Secretary, government of Tamil Nadu: “We hereby direct that no Registering Authority shall register any sale deed in respect of any plots in unauthorised layouts or any flats/building constructed on such plots. This order becomes necessary to prevent further development of unauthorised layouts and conversion of agricultural areas for non-agriculture use in an unplanned manner, as also to save ecology and prevent flooding, while simultaneously giving time to the government to come forth with the necessary policy documents and Legislative changes.”

Unscrupulous elements have been defying this order with impunity and Sub-Registrars are registering the documents obviously for ‘consideration’. A case in point is Nagercoil Cooperative Housing Society selling residential plots in unauthorised/unapproved layouts in prime agricultural lands and the Sub-Registrar, Eraniel (Kanyakumari District) registering the same in the month of October 2016. They are facing contempt notice. 

Now it is learnt that government of Tamil Nadu is contemplating a scheme for the whole state to regularise all these unauthorised/ unapproved layouts, both present and future. If true, this could severely damage Tamil Nadu’s fragile ecology and water sources, many of which are already extinct or facing extinction. Wetland referred to by the High Court is defined thus: “Land or areas (as marshes or swamps) that are covered often intermittently with shallow water or have soil saturated with moisture”. 

These include shola forests, lakes, ponds, riverbeds, floodplains and all those places that absorb rain water or mist, store them and release to the surface and streams. In short, these are the “nature’s right of way and storage.” Encroaching upon them and blocking them were among the core reasons for the devastating floods in Chennai in December 2015.  

Water is the greatest endowment given by nature to humanity and is the elixir of life. Wetlands are directly related to the sourcing, storage and supply of water in Tamil Nau. Though the state occupies about 4 per cent of the geographical area of India and 6.04 per cent of the population, the available water resources is only 3 per cent. It is the most urbanised state in India, with about 50 per cent of its population living in cities and towns. 

The average rainfall is 925 mm against the average of 1170 mm of the country. It varies from 1200 mm near coastal areas to 550 mm in inland area. Though there are two monsoons, precipitation is limited to about two months only. Thus, Tamil Nadu is a water deficit state, for irrigation, industrial use and drinking, and is dependent on the monsoons very heavily. 

Variations in the monsoon have serious impact on the economic life and livelihood of its people, especially in rural areas. Of late, rains have failed badly. In Tamil Nadu, 96% of all sources of water are groundwater based. 

The phenomenal spurt of piped water schemes across the state in the 1980s and 1990s had its eventual impact on ground water tables. Out of the 385 water ‘blocks’ in the state, 138 were identified as over-exploited, 37 as at critical levels, 105 as semi-critical and eight as saline. Only 97 blocks were identified as safe.  

All the riverbeds in Tamil Nadu have turned into vast expanses of sand. Whatever water is present, it is mostly stagnant pools of sewage and wastewater. Floodplains have either been built upon or sucked bone-dry by massive bore wells and pumps. Ground water levels are going down deeper and deeper in several areas crossing the 1,000 feet limit. 

Most ponds, lakes, waterbodies and marshes wear a deserted look. Shola forests in the Western Ghats, the originating source of all our major rivers, is shrinking fast. 

In essence, Tamil Nadu is facing a water famine and it has become an existential issue. Regularising the encroachment of wetlands by the state government to propitiate the greedy and corrupt would be nothing but crime against nature and by extension, against the people at large!