HYDROLOGICAL MISMANAGEMENT IN TAMIL NADU: A STUDY OF THE ADMINISTRATIVE AND LEGAL ASPECTS OF ENCROACHMENT OF WATER BODIES
AUTHOR – SATHISHKUMAR R, RESEARCH SCHOLAR AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI.
BEST CITATION – SATHISHKUMAR R, HYDROLOGICAL MISMANAGEMENT IN TAMIL NADU: A STUDY OF THE ADMINISTRATIVE AND LEGAL ASPECTS OF ENCROACHMENT OF WATER BODIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 554-561, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I761
Abstract
The state of Tamil Nadu, historically distinguished by its sophisticated “Eri” (tank) cascade systems, currently faces a profound hydrological crisis precipitated by systemic administrative mismanagement and the rampant encroachment of its water bodies. This research article provides an exhaustive legal and administrative inquiry into the mechanisms of water body encroachment, examining the transition from colonial land tenure systems to contemporary environmental jurisprudence. Adhering to the University Grants Commission (UGC) guidelines for academic research, the study scrutinizes the efficacy of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, alongside the foundational Tamil Nadu Land Encroachment Act, 1905. A significant analytical focus is placed on the judicial evolution of the Public Trust Doctrine, specifically through the landmark Full Bench decision of the Madras High Court in T.K. Shanmugam v. State of Tamil Nadu, which categorically rejected the “disuse” theory often employed by the state to regularize illegal occupations. The research highlights the critical administrative lapses occurring at the intersections of the Revenue Department and the Water Resources Department, where inaccurate survey demarcations and the issuance of regularizing Government Orders have facilitated the degradation of tanks, ooranies, and river porambokes. Furthermore, the article evaluates the transformative potential of the Tamil Nadu Water Resources (Regulation, Management and Augmentation) Act, 2026, which introduces a centralized, participatory framework for integrated water governance. By synthesizing statutory provisions, case law, and technological interventions such as GIS mapping through the TNGIS portal, the study argues for a paradigm shift from human-centric “development” towards an eco-centric restoration model that upholds intergenerational equity and the State’s fiduciary duties.
Keywords: Hydrological Management, Public Trust Doctrine, Water Body Encroachment, Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007, Administrative Accountability, Integrated Water Resources Management (IWRM).