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Synopsis

The Madras High Court has directed the collectors of five hill districts in Tamil Nadu to constitute a committee to conduct an inspection and seal private resorts/estates/properties that have illegally diverted the natural flow of the waterfalls in the area to create artificial ones at their own properties.

Court passed the order in a writ petition seeking action against those who have set up illegal artificial private waterfalls on their properties by diverting the natural flow of waterfalls situated around the western ghats, without getting permission from the appropriate authorities.

The counsel for the petitioner informed the court that initially these illegal actions by private resorts and hotels were restricted to a select few, but now, they have been turned into a business.

The natural system cannot be modified at the whims and fancies of humans, he submitted. 

He asserted that this anthropogenic act which is causing serious environmental damage, if continues, the endangered and critically endangered species of the flora and fauna in the Western Ghats will vanish from the face of the earth.

Neither permission is sought from the authorities concerned nor there are provisions for the same. But, despite these restraints, the construction and establishment of these artificial waterfalls has become rampant, he further alleged. 

Moreover, he informed the court that residents and land owners residing in Tenkasi District, people from other States have also invested in these artificial waterfalls with business motive.

He also placed before the court a list of private resorts that have indulged in such illegal diversion of the natural flow of waterfalls. 

Taking note of the same, court said, 

"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".

Accordingly, court directed the District Collectors to take immediate steps to form a committee in the Districts concerned to curtail illegal diversion of the natural flow of waterfalls. 

Court directed that such committee be formed forthwith and necessary inspection be conducted by such committee over the private resorts/estates/properties situated all over Tamil Nadu with the assistance of the District Forest Officers concerned.

Court ordered that said committee shall find out the private resorts/estates/properties who illegally diverted the flow of natural waterfalls into their properties and created artificial waterfalls and necessary action be immediately taken to seal those.

Apart from that, criminal proceedings shall also be initiated against such private resorts/estates/properties' owners, court directed. 

Case Title: Vinoth R v. Additional Chief Secretary to Government and others