Primary law, Tamil Nadu land law
Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Act No. 8 of 2007) (2007)
The Legislative Assembly of the State of Tamil Nadu enacted the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, Act Number 8 of 2007, dated 22 May 2007. It provides for surveying, protecting and removing encroachments from tanks under the control and management of the Public Works Department across Tamil Nadu, and creates offences for unauthorised occupation, cultivation, water extraction, obstruction and damage.
What the law covers
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 applies throughout Tamil Nadu. It covers tanks under the control and management of the Public Works Department, including supply channels, sluices, surplus weirs, surplus courses, field channels, drains, cross masonry structures and tank poramboke lands.
A tank boundary may include the water spread area, foreshore area and connected irrigation or drainage structures. This can affect buyers, owners, cultivators and occupiers whose land or construction lies within or next to a surveyed tank boundary.
Survey and identification of tank land
The State Government may direct district surveys based on Revenue Department records. The survey process includes:
- Appointment of a Survey Officer who is not below the rank of Taluk Surveyor.
- Entry by the Survey Officer and assisting officers onto land where necessary for the survey.
- Preparation of charts and registers showing tank boundaries and identifying information.
- Transfer of the chart and register to the responsible Public Works Department officer.
- Publication of a notice identifying the tank boundaries within one month after the records are handed over.
Encroachment and eviction
The Public Works Department officer responsible for a surveyed tank may issue notice when the officer believes that a person has encroached on land within the tank boundary. The notice must require removal of the encroachment before a specified date.
If the person does not remove the encroachment and vacate the land within that period, the officer may remove it, take possession and obtain police assistance. Crops, other produce, buildings, constructions or deposited items may be forfeited if they are not removed after notice.
Prohibited conduct and penalties
The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 makes the following conduct punishable when done without lawful authority or in breach of the protections:
- Entering water spread or foreshore areas.
- Cultivating crops or raising plantation crops.
- Damaging bunds, sluices, weirs or other structures.
- Obstructing officers or interfering with channels and drainage flows.
- Encroaching on adjoining canal poramboke land.
- Mechanically or electrically lifting tank water for cultivation.
Conviction may result in imprisonment for up to three months, a fine of five thousand rupees, or both.
Other provisions
The State Government may alienate Public Works Department tank poramboke land in the public interest only where storage capacity and water quality are not affected. The protections operate in addition to other laws currently in force.
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
Could a house or other construction inside a tank boundary be removed?
Yes. After notice requiring removal by a specified date, the responsible Public Works Department officer may remove the encroachment and take possession if the occupier does not comply. A building or other construction left on the land may also be forfeited.
How are the boundaries of a Public Works Department tank identified?
A government-directed survey may use Revenue Department records to prepare a chart and register showing the tank boundaries. The responsible Public Works Department officer must publish a boundary notice within one month after receiving those records.
Does the law cover only the area where water is stored?
No. The definition of a tank also includes connected supply channels, sluices, surplus weirs and courses, field channels, drains, cross masonry structures and tank poramboke lands under the control and management of the Public Works Department.
Can the State Government transfer tank poramboke land?
The State Government may alienate part of Public Works Department tank poramboke land in the public interest, provided that the transfer does not interfere with storage capacity or water quality.
