The Hindu : Tamil Nadu / Madurai News : `Authorities evicting structures sans process of law'

Online edition of India's National Newspaper
Wednesday, Mar 16, 2005

Tamil Nadu

Tamil Nadu - Madurai

`Authorities evicting structures sans process of law'

By Our Staff Reporter

MADURAI, MARCH 15. Though the order of the Madurai Bench of Madras High Court directing the officials concerned in 13 districts under its jurisdiction to evict all encroachments on public roads, streets and pathways is hailed by a large section of the public, the allegations that the authorities are blindly evicting structures without following due process of law also loom large.

The resentment is evident from numerous individual writ petitions moved before the Bench, apprehending demolition of their buildings. According to these petitioners, though they were legally occupying the place, the authorities were trying to evict them without giving any opportunity to explain their stand.

Two Division Benches by two different orders on February 2 and 17 had ordered the removal of encroachments and directed the Collectors, Municipal/Corporation Commissioners and heads of other local bodies to file a report on the compliance of the order every six months for a period of three years before the Bench.

Admitting a petition moved apprehending the demolition of a temple in Madurai city based on the orders, a Division Bench, comprising Justice P.K. Misra and Justice A.R. Ramalingam, today posed three significant questions to the Corporation counsel and asked him to reply by March 22.

Firstly, the Bench wanted to know the nature of notice required to be issued while evicting encroachments and secondly whether the Corporation had the power to evict encroachments in Government land apart from the Corporation lands.

And finally whether it is not mandatory on the part of the Corporation to compensate the encroachers who had occupied its lands for more than 30 years.

Earlier, arguing against the demolition of the temple, senior counsel, R. Shanmugam, contended that according to Section 268 of the Madurai City Municipal Corporation Act and the Tamil Nadu Land Encroachment Act, the affected parties should be issued a notice before eviction and given a chance to represent their case.

Pointing out that even the order directing removal of the encroachments in categorical terms stated that such encroachments should be evicted only by following due process of law, the counsel said the Madurai Corporation was acting contrary to the order and had demolished hundreds of structures built on patta lands.

Similarly, several other writ petitions were also moved by aggrieved parties from Madurai, Dindigul and Virudhunagar, where the drive against encroachments is on a fast pace.

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