NGT directs Tamil Nadu to restore “Pudukulam Kanmoi” in Madurai

New Delhi: A water body cannot be converted into a housing site merely because it dried up, the National Green Tribunal has said while directing the Tamil Nadu government to restore “Pudukulam Kanmoi” in Madurai.

Referring to a Supreme Court decision, the NGT said that as per Public Trust Doctrine the State is under obligation to protect the ecological value of the natural resources.

The tribunal was hearing a plea filed by a State resident AM Vinodh against a government order by Revenue & Disaster Management Department, Land Disposal Wing to allot Pudukulam Kanmoi to certain journalists, in violation of the law.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said water bodies which play significant roles in the protection of the environment, maintaining aesthetics, microclimate, recharge of groundwater, and enhancement of water availability for drinking purpose, among others.

”The issue arising in the matter is whether a water body can be converted to a housing site merely on the ground that the same had dried up. In our view, the answer has to be in the negative,” said the bench also comprising Justices Sudhir Agarwal and Brijesh Sethi.

No compelling social need has been shown to destroy the water body, except because the allotment of housing site for journalists is required and it has dried up, the bench said.

It said that on such a specious plea, any water body can be allotted for construction, ignoring public trust doctrine and the need for protection of such water bodies.

Having regard to the ecological significance of water bodies, the approach adopted by the State of Tamil Nadu cannot be sustained, the bench, in an order passed last week, said.

The green panel said that under Section 20 of the NGT Act, it has to uphold Precautionary and Sustainable Development Principles of Environmental Law by issuing appropriate directions for protection of the environment, and in the course of doing so, the tribunal can annul a decision of the State.

”Accordingly, we allow this application and direct the State of Tamil Nadu to restore water body known as Pudukulam Kanmoi in Survey Nos. 134/2 and 134/2A1 in Pudukulam Kanmoi of Thallakulam Village, Madurai North Taluk, Madurai District, Tamil Nadu to its original position, removing the construction, if any, raised thereon within one month,” the bench said.