Madras High Court: No Permission for New Construction on Land Classified as a Waterbody

MADURAI: The Madras High Court has ruled that new construction on land classified as a waterbody will not be allowed. This decision came during the hearing of a petition filed by Arumugam, who sought the removal of encroachments on Odai Kaalvai, located in Marandhai village, Alangulam taluk, Tenkasi district.

A division bench comprising Justice G R Swaminathan and Justice B Pugalendhi noted that the government’s special pleader had informed the court about an existing cremation shed in the same survey area, which is now in a dilapidated state and needs reconstruction.

The court stated that while the dilapidated shed can be demolished and rebuilt in its original dimensions, no new construction would be allowed at a different site within the waterbody. The district collector will be responsible for making further decisions on the matter.

The judges also questioned how a building constructed in 2011 had deteriorated within just 13 years, suggesting that action may be taken against the officials involved. The petition was then disposed of.