Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Act No. 8 of 2007) (tn protection of tanks 1)
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, Act No. 8 of 2007, dated 22 May 2007. It provides for surveying and protecting tanks controlled and managed by the Public Works Department, removing encroachments, and punishing specified unauthorised activities. It extends across Tamil Nadu and comes into force on a date appointed by the State Government through notification.
What the law covers
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 applies to tanks under the control and management of the Public Works Department throughout Tamil Nadu. Its definition of a tank includes the storage structure, supply channels, sluices, surplus weirs and courses, field channels, drains, cross masonries and tank poramboke lands.
The law is relevant to anyone occupying, cultivating, constructing on or otherwise using land within the identified boundaries of such a tank. It is also relevant to owners and buyers checking land near tank water spread areas, foreshore areas, channels, drains or poramboke lands.
Survey and boundary identification
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 allows the State Government to direct district surveys using Revenue Department records. Key steps include:
- Appointment of a Survey Officer who is not below the rank of Taluk Surveyor.
- Authority for the Survey Officer and assisting officers to enter land and perform acts necessary for the survey.
- Preparation of a chart and register showing tank boundaries and identifying information.
- Transfer of the chart and register to the Public Works Department officer controlling the tank.
- Publication of a boundary notice within one month after the chart and register are handed over.
Encroachment removal
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 requires notice to a person considered to have encroached within tank boundaries. The notice must specify a date by which the encroachment must be removed.
If the person does not remove the encroachment and vacate the land within the stated period, the responsible Public Works Department officer may remove it, take possession and obtain police assistance. Crops, products, buildings, constructions or deposited items may be forfeited if they are not removed after notice.
Prohibited activities and penalties
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 prohibits specified conduct without lawful authority, including entering water spread or foreshore areas, cultivating crops, raising plantation crops and mechanically or electrically lifting water for cultivation. It also covers damaging tank structures, obstructing officers, interfering with water flows and encroaching on adjoining canal poramboke lands.
A conviction may result in imprisonment for up to three months, a fine of rupees five thousand, or both.
Other provisions
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 permits the State Government, in the public interest, to alienate Public Works Department tank poramboke land if storage capacity and water quality are not affected. The law operates in addition to other laws, and rules and notifications made under it must be published in the Tamil Nadu Government Gazette.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can officials enter private land while surveying a tank boundary?
Yes. The Survey Officer and assisting officers may enter any land and perform acts necessary for surveying tanks.
Will an alleged encroacher receive notice before removal?
Yes. The responsible officer must issue a notice requiring removal of the encroachment before a specified date. If it is not removed within that period, the officer may remove it and take possession of the land.
Can a building or crop on tank land be forfeited?
Yes. Crops and other products are liable to forfeiture, and buildings, constructions or deposited items may also be forfeited if the encroacher does not remove them after notice.
Can the State Government alienate tank poramboke land?
The State Government may alienate Public Works Department tank poramboke land in the public interest, provided that storage capacity and water quality are not affected.
