Ensure proper enforcement of compulsory rainwater harvesting order, says HC

CHENNAI: The Madras high court has directed the Tamil Nadu government to check violations of the 15-year-old government order on compulsory rainwater harvesting in all public and private buildings and ensure proper implementation of the same.
The first bench of then Acting Chief Justice Huluvadi G Ramesh and Justice SS Sundar passed the order on a public interest litigation moved by K Thenrajan.

“It appears that there are some violations of the government order then and there. In this connection, it is needless to state that the local administration concerned must take care of the violations and to see that the order must be implemented, and things are set right. If the petitioner has any specific grievance, he can make a representation to the authorities concerned pointing out specific instances of violations and it is for the authorities to consider and set right the things, in accordance with law,” the bench said while disposing of the plea.

Thenrajan submitted in his petition that the state made it compulsory to have rainwater harvesting structures in all the private and public structures in the state through a government order dated July 21, 2003.

Alleging that the order has not been properly implemented, the petitioner wanted the court to direct the state to monitor proper implementation of the order and to impose fine for the owners of the buildings who have failed to put up a rainwater harvesting structure in their premises.

Through July 21, 2003 order, the state government brought in certain amendments to the Tamil Nadu District Municipalities Building Rules, 1972.

As per the amendment, in every public and private building rain water harvesting structure shall be provided in the manner specified in the Rule on or before October 10, 2003.

If the owner or occupier of the building fails to provide the said rain water harvesting structure by the said date, the Executive Authority or any person authorised by him in this behalf may after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax, the Rule said.

This apart, the Rule provided for disconnecting water supply to such premises till the order is complied with.