The Madras High Court has underscored that pollution of water tanks poses a greater threat as it directly impacts drinking water sources. The court directed the Water Resources Department (WRD) authorities to conduct regular inspections of waterbodies under their control and certify that they are free from encroachment and pollution.
Court's Observations on Water Protection
A division bench comprising Justice G R Swaminathan and Justice B Pugalendhi noted that Tamil Nadu enacted a special legislation in 2007 for the protection and preservation of tanks. The judges emphasized that villagers have a fundamental duty to ensure water quality is maintained. "The Constitution requires us to be compassionate towards all living creatures. Pollution renders tank water unfit for cattle, reflecting a lack of compassion and a breach of constitutional duty. The collective duty of citizens becomes the duty of the state," the bench observed.
Directives to Water Resources Department
The court pointed out that the WRD was specifically carved out of the Public Works Department with a clear purpose, which cannot be achieved without periodic inspections. Each assistant engineer has jurisdiction over a certain number of tanks. The bench directed the Secretary to the WRD to instruct all assistant engineers to regularly inspect waterbodies under their control. Certificates must be submitted twice a year to departmental heads. Government laboratories in each district can be utilized at minimal cost for water testing. A circular shall be issued forthwith, and any breach of these instructions will lead to departmental proceedings.
Case Background: Pollution in Chinnakuravakudi Tank
The court was hearing a petition by M Raja seeking to prevent illegal fish culturing and pollution of the water tank in Chinnakuravakudi, Usilampatti taluk, Madurai district. While WRD authorities claimed no fish culturing occurred, the petitioner alleged pollution from such activities. The court appointed an advocate to conduct a field inquiry and collect water samples. The inquiry revealed that the entire village had auctioned fishery rights to raise funds for a temple festival. Water samples sent to the Tamil Nadu District Level Water Testing Laboratory in Madurai confirmed heavy pollution.
Impact on Poor and Restoration Order
The judges observed, "When the environment is degraded, the poor are the first to be hit. Unfortunately, the villagers of Chinnakuravakudi did not understand this and permitted a private individual to exploit their village pond." The court directed the WRD to intervene immediately and restore the water tank. Action shall also be taken against those who illegally cultured fish in the tank.
