Madras High Court Orders Disciplinary Action Against Officers Who Granted Sanction For Public Buildings On Water Bodies

The Madras High Court has directed the State to take appropriate disciplinary action against Officers granting sanction for construction of public buildings on land recorded as water bodies in the records.

The Court was considering a Public Interest Litigation pertaining to the new buildings of the Primary Health Centre and Panchayat Office on the land which has been recorded as water body.

The Divison Bench of Chief Justice Manindra Mohan Shrivastava and Justice G.Arul Murugan ordered, "We, accordingly, are inclined to direct the State Government to issue necessary directions/circular to the effect that if any public building/institution is found constructed on a water body, appropriate disciplinary action and action towards recovery of monetary loss caused to the public exchequer shall be initiated against the authority, who granted sanction for construction."

The Petitioner was represented by Advocate M.Vijaya Ragavan while the Respondent was represented by Government Advocate K.Karthik Jagannath.

The Court noted that it was stated in the Counter Affidavit that on the land in dispute, the Primary Health Centre is being run since many decades and the public interest litigation was filed only when the dilapidated building was demolished and new structure was raised.

It also found from the counter that on this land, which is recorded as Karikulam, there are as many as six structures, which accommodate public buildings used by the people at large.

It thus directed the State to submit appropriate proposal for shifting of these buildings so as to clear the water body, within eight weeks. 

The Court further directed that in the meantime, the remaining area of Karikulam shall not be allowed for raising any construction whatsoever.

"We find that, in many cases, various public buildings are being constructed on water bodies. Such constructions obviously must have been permitted by an authority, under his sanction, without verifying from the records as to the nature of the land", the Court observed.

The matter has been adjourned to December 03, 2025.

Cause Title: Prakasam v. The District Collector Officers

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