Order of the Madras High Court regarding encroachment and pollution of Buckingham Canal, Chennai, Tamil Nadu, 12/09/2022

  • 12/09/2022

Order of the Madras High Court in the matter of Kasthuribha and Indira Nagar Residents Welfare Forum Vs The Secretary, Public Works Department & Others dated 12/09/2022.

The matter related to encroachments on the Canal Bank road on the stretch of Kasthuribha Nagar and Indira Nagar. According to the petitioner, the illegal encroachments include the hutment of the slum dwellers as well as the semi concrete and concrete structures constructed for residential and commercial purposes. The petitioner contends that the illegal encroachments on the Canal bank road generates a lot of garbage which is thrown into the Buckingham Canal and as such the canal cannot serve as a storm water drain.

The Madras High Court directed the Public Works Department, PWD, Water Resource Organisation to complete the demarcation of the boundary of Buckingham Canal within six months. "The demarcation of the boundary has to be made with reference to the original length and breadth of the canal as found in the original records," the Madras High Court said and added that the canal must be restored to its original boundaries. After completion of demarcation of the boundaries of the Buckingham Canal, the encroachments should be removed within 1 year. After the removal of encroachments, the Inland Waterway Authority of India will protect and maintain the Canal free from any encroachment and the Tamil Nadu government shall provide necessary assistance to IWAI.

All structures on the Buckingham Canal except the pillars laid for Mass Rapid Transit System (MRTS), flyovers and bridges has to be removed to make the canal navigable within a period of 1 year from the date of the order.