HC: Take action against private resorts, estates, properties creating artificial waterfalls on their premises by illegally diverting natural flow of water

MADURAI

Taking a serious view of the fact that the natural flow of water in the Western ghats was being disturbed, the Madurai Bench of the Madras High Court on Wednesday directed the District Collectors of five districts to form committee, conduct inspection and seal the private resorts, estates and properties that had created artificial waterfalls on their premises by illegally diverting natural flow of water.

A Division Bench of Justices R. Mahadevan and J. Sathya Narayana Prasad directed the Districts Collectors of Tenkasi, Tirunelveli, Kanniyakumari, Coimbatore and The Nilgiris to take immediate steps to form committee in their districts in order to curtail illegal diversion of the natural flow of water by the private resorts/estates/properties owners and claiming the same as artificial falls for their commercial activities.

Such committees should be formed forthwith. Necessary inspections should be conducted by the committees with the assistance of the District Forest Officers concerned. Criminal proceedings shall also be initiated against such private resorts/estates/properties owners. The District Collectors shall initiate departmental action against the officers concerned who had colluded with the owners of such properties, the court said.

The judges passed the series of directions on a public interest litigation petition filed by R. Vinoth of Ambasamudram in Tirunelveli district. The petitioner sought a direction to the authorities concerned to take action against those who had set up illegal artificial private waterfalls, demolish them and restore the original flow of the stream, river and rivulet in the Western ghats. He complained that the natural flow of water was being disturbed and sought appropriate action be taken.

The judges observed that “We are of the view that the natural waterfalls which emerge after thousands of years of natural wear, tear, erosion and geomorphological changes, cannot be permitted to be cut and diverted by illegal means to the private resorts, estates, properties by the private persons”. Such illegal diversion of natural flow of water affects the entire river ecosystem and it will have a great impact on the environment, the judges observed and sought a detailed action taken report on December 1.