The Madras High Court on Thursday ordered that henceforth every person wanting to register property documents must submit a self-declaration that the property was not located on a waterbody. Such declaration is mandatory for even obtaining building plan approval, property tax assessment and securing electricity as well as drinking water connection.
Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu ordered that those applying for layout approval must be made to submit the self-declaration. The judges said no registering authority should register documents in respect of land notified as waterbodies in revenue records as reflected in the government website Tamil Nilam.
Officials in charge of granting layout approval, building plan approval, property tax assessment and providing water and electricity connections must conduct physical inspections, besides crosschecking the records, to ensure that the property concerned had not been classified as a waterbody, prepare an official note and make it part of the records, the Bench ordered.
“Any public authority, official or other staff concerned, who is found to have granted or aided or abetted in granting approval for layout or building construction or assessment of property tax or electricity or water connection for a property located on waterbody or commits dereliction of duty by not protecting a waterbody from encroachment, shall be liable for disciplinary action and prosecution for offences relating to encroachment under criminal law,” the court warned.
The directions were issued while disposing of a batch of public interest litigation petitions which complained of large scale encroachments on waterbodies in the State.
The judges directed the Chief Secretary to complete survey of all waterbodies through Differential Global Positioning System and then remove all encroachments before March 31 this year. The officer was directed to file a compliance report.
