All structures on the Buckingham Canal, except the pillars of the Mass Rapid Transit System (MRTS), flyovers and bridges, should be removed to make the canal navigable within one year and the State government should not regularise any construction or encroachment on the canal, the Madras High Court ordered on Monday.
A Bench of Chief Justice M.N. Bhandari and Justice N. Mala directed the Public Works Department and the Water Resources Organisation to demarcate the boundary of the Buckingham Canal within six months. The court said no extension of the timeline will be given.
“No courts shall entertain any case whatsoever in respect of any dispute pertaining to the encroachments along the Buckingham Canal or grant any order restraining the authorities concerned which would affect the implementation of this order or removal of encroachment”
The Bench warned that all officials responsible for not keeping the timeline will be made accountable for such lapse “irrespective of whether they are in service or retired”.
The demarcation had to be made with reference to the original length and breadth of the canal as found in the original records and the canal restored to its original boundaries. Once the demarcation was completed, the encroachments should be removed within one year, the Bench said.
Further, the Bench directed that as and when the encroachments are removed, the Inland Waterway Authority of India will protect and maintain the Buckingham Canal free from any encroachment and the State government should provide necessary assistance to it.
“No courts shall entertain any case whatsoever in respect of any dispute pertaining to the encroachments along the Buckingham Canal or grant any order restraining the authorities concerned which would affect the implementation of this order or removal of encroachment,” the Bench said.
Ruling that the State government should not regularise any constructions or encroachments on the canal, it ordered that the State government should not reclassify the canal and reclassification of the land falling within the original breadth of the canal would be “null and void”.
Directing unwanted vegetation to be removed from the canal in areas free of encroachment, the Bench directed that immediate steps be taken to fence the canal to prevent future encroachments and signboards erected declaring the areas as “litter-free zone”.
