A Critical and Comparative Study on Encroachment Laws in India with special reference to Tamilnadu

Encroachment on water bodies and poramboke lands has become a pressing socio-legal and ecological issue in Tamil Nadu. Tanks, lakes, and their feeder systems—once central to the State’s water management—are increasingly occupied for residential, commercial, or agricultural purposes, leading to ecological imbalance, urban flooding, and water insecurity. This paper critically examines the historical evolution and constitutional validity of encroachment laws in Tamil Nadu, with special emphasis on the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. Through an analysis of statutory provisions, key judicial pronouncements, and case studies, the paper highlights the tension between the right to livelihood of encroachers and the public trust doctrine obligating the State to protect commons. A comparative study with the Karnataka Lake Conservation and Development Authority Act, 2014 demonstrates differing institutional frameworks, penalty structures, and accountability mechanisms. The research concludes that while Tamil Nadu’s legislative framework is adequate, its effectiveness is undermined by weak implementation, selective eviction practices, and lack of survey accuracy. The paper suggests preventive governance measures, officer accountability, ecological zoning, and rehabilitation safeguards to ensure sustainable protection of tanks and water bodies in Tamil Nadu.