The State of Lakes and

Waterbodies in South India

Threats, Challenges and Opportunities
Legal Protection in Tamil Nadu

by T.K. Ramkum

Chennai - A
history of
flooding

1976: Heavy Flood Submergence in AdayarKotturpuram TNHB Qtrs. Flood could not enter into
sea due to High tide. Chembarambakkam Tank
surplused into Adayar 28,000 C/s
1985: Floods in Adayar - 63,000 c/s submergence of
encroached flood plains
1996: Floods in Adayar, Cooum and Kosasthalaiyar
Rivers Poondi Dam surplused around- 80,000 c/s
Karanodai Bridge collapsed Chembarambakkam
Tank surplused into Adayar 20,000 C/s
1998: 3 persons Marooned in Thanikachalam
Nagar - a residential colony in the flood plains of
Kodungaiyur drain
2005: 100 year RF 40 cm in a day, Flood in Cooum
19,000 C/S, Adayar 40,000 C/S, Otteri Nullah,
Cooum, Adayar, BCanal, VirugambakkamArumbakkam Drain over flown, 50,000 people
evacuated.
2008: Chembarambakkam tank surplused into
Adyar - 15,000 cusecs (Non flood year)
Source: STUDIES ON CHENNAI DRAINAGE SYSTEM RIVERS, CANALS, CREEKS, ESTUARIES, LAKES. Dr. K.M. Sivakholundu 2010

Causes - urbanisation of
water spread areas

2015

1960s

Adayar drainage basin

Flow Chart of City Suburban Tanks in Tambaram Taluk Falls in PML

2

3
4

655 Cusecs

182 Cusecs

664 Cusecs
110 Cusecs

10

13

12

262 Cusecs

11

488 Cusecs
16

15

Pallikkaranai
Swamp

14
Radial Road

Pallavaram

17

19

533 Cusecs

18

21

550 Cusecs

723 Cusecs

20

461 Cusecs

22

23

131 Cusecs
1862 Cusecs

24
27

26
25

2901 Cusecs
29

28
30

31

BAY OF BENGAL

BUCKINGHAM CANAL

373 Cusecs

Old Mahabalipuram Road

Tambaram Velachery Road

Madipakkam

Causes for flooding narrowing of flood banks

Why has all this

happened?
Inadequate legal framework
to address such a complex hydrological
system
Even now, there is inadequate understanding of the
cause of flooding and what is to be done . a few
slums are being relocated, which is like bailing the
Titanic with a tea spoon no attempt to address
major obstruction to flow from high rises, airport
runway and commercial establishments

Half
Basins
from
Pulicate
to
Kodikar
ai
-a
complex
system
of rivers
and
eris!

Even Pondy has so many

rivers/streams,
to say noting of other waterbodies

Right to water

Historically a private right, as specie of land, such as

soil, water and marshes

By its nature water is free to move and can pass in

any direction. right is only by way of access to water
by land owner on river bank - known as riparian right

restricted to use of water while it passes through

Maybe a natural right (Ex-jure naturae) as part of the

property right or may be acquired as easement

Natural corollary to such natural right - subject to

rights of adjacent owner and for benefit of the
community

State Bank of India Vs.

Lakshmanan Sekar - AIR 1960
Bombay 490

Every owner of land adjacent to water running in a

defined course - whether higher riparian owner or lower
riparian owner - has a right arising jure naturae to the
accustomed flow of water both as to quantity and quality.
His right to the ordinary or primary use of water flowing
past his land extends to domestic purposes including
purpose of his cattle.
This he can exercise without regard to diminution of
supply to lower owners. His right to extraordinary or
secondary user can however be exercised only within
limits.

Ground Water Rights

on ground water within a property, owner had

exclusive right, without limit as to quantity

no bar on overexploiting ground water even

to the detriment of neighbours

this position modified by the Kerala high

Court in Perumatty Grama Panchayat vs
State of Kerala (the Coca Cola case) and by
Ground water legislations.

Public Right

Governed by customary practice and common law

tradition, - traditional user rights of people over
common property resources, some of which have
been codified

these rights in the nature of riparian and easementary

rights extend over lakes, ponds etc.

Sovereign right of state over natural resources

governed by states Eminent Domain implying
absolute rights - tempered by the Public Trust
doctrine - implying state hold resources in loco
parentis, for the common benefit of all.

Thus water rights is a combination of customary

practice, common law tradition, constitutional
safeguards and statutory rights

Public Trust

The Doctrine of Eminent Domain is tempered by

Public Trust Doctrine

State vis-a-vis its resources is one of loco

parentis

Article 39 (b) & (c) of the Constitution ordains

state to put to use its resources in an equitable
and just manner - whose ownership and control
over material resources are to subserve
common good, importing the principle of
Public Trust.

State of Tamil Nadu v. Hind Stone (1981) 2 SCC 205

"6. Rivers, Forests, Minerals and such other

resources constitute a nation's natural
wealth. These resources are not to be
frittered away and exhausted by any one
generation. Everv generation owes a duty to
all succeeding generations to develop and
conserve the natural resources of the nation
in the best possible way. It is in the interest of
mankind. It is in the interest of the nation."

Present legal
framework

Wetland (Conservation & Management) Rules

2010 under Environment Protection Act, 1986, Ramsar Convention

Water pollution Enactments -

Ground Water legislations - Restriction only on

capacity of water pump

Legislation on construction/repairs/maintenance
of irrigation in Tamil Nadu and levy of Cess

Wetland Rules
2(g) wetland" means an area or of marsh, fen,
peatland or water; natural or artificial, permanent or
temporary, with water that is static or flowing, fresh,
brackish or salt, including areas of marine water, the
depth of which at low tide does not exceed six metres
and includes all inland waters such as lakes, reservoir,
tanks, backwaters, lagoon, creeks, estuaries and
manmade wetland and the zone of direct influence on
wetlands that is to say the drainage area or catchment
region of the wetlands as determined by the authority
but does not include main river channels, paddy
fields and the coastal wetland covered under .
EIA notification - 20th February, 1991;

Sec 3 - Protected wetlands.

-Based on significance of functions performed by the
wetlands for overall well being of the people following
wetlands to be regulated:(i) Ramsar Wetlands of International Importance;
(ii) ecologically sensitive wetlands national parks,
marine parks, sanctuaries, reserved forests, wildlife habitats,
mangroves, corals, coral reefs, areas of outstanding natural
beauty or historical or heritage ..;
(iii) UNESCO World Heritage Site;
(iv) high altitude wetlands (>2500m)
(v) Low altitude greater than five hundred hectares;
(vi) any other wetland as so identified by the Authority for the
purposes of these rules

Sec 4(i), Prohibited

within wetlands
Prohibited, activities:(i) reclamation of wetlands;
(ii) setting up/expansion of industries;
(iii) manufacture or handling or storage or disposal of hazardous
substances;
(iv) solid waste dumping - existing to be phased out in six months
(Pallikaranai)
(v) discharge of untreated wastes and effluents - existing to be
phased
(vi) any construction of a permanent nature except for boat jetties
within fifty metres from MSL;
(vii) any other activity likely to have an adverse impact on the
ecosystem of the wetland to be specified by the Authority.

4(ii) Permitted with prior

approval
(i) withdrawal, impoundment, diversion or interruption of water
sources within local catchment area of the wetland ecosystem;
(ii) harvesting of living and non-living resources;
(iii) grazing;
(iv) treated effluent discharges;
(v) motorized boat, if it is not detrimental to biotic community;
(vi) dredging, if impacted by siltation;
(vii) boat jetties;
(viii) activities that may directly affect the ecological character of
wetland;
(ix) facilities for temporary use, such as pontoon bridges,
(x) aquaculture, agriculture and horticulture;
(xi) repair of existing buildings or infrastructure;
(xii) any other activity to be identified by the Authority.

Sec 4(3) Non wetland

use
(3) Central Government may permit any of the prohibited
activities on the recommendation of the Authority.
(4) a detailed Environment Impact Assessment is carried
out
(5) No wetland conversion unless the Central Government
satisfied on recommendation of the Authority in public
interest and reasons recorded.

This effectively negate the entire Wetland Rules

None of this, including wetland rules

fully address floods like December 2015.
Water bodies not used for irrigation or water supply
are not maintained since no revenue
Wet land identification not done and so urbanisation
takes place
Inadequate legal framework to address
urbanisation of flood banks,
blockage of flood channels,
reduction in peak/total drainage capacity,
conversion of Foreshore of aris, tank bunds etc in
dry seasons - recent High Court Case
Planning authorities convert wetlands with impunity
What is required is a participatory legal framework for
protection of wetlands - an elected Drainage Basin
Panchayat or Pani Panchayat with technical support to
safeguard public interest.