The Hindu : Tamil Nadu / Madurai News : Bench denies giving blanket fiat on `eviction sans due process of law' Bench denies having given blanket fiat on 'eviction sans due process of law'

Online edition of India's National Newspaper
Wednesday, Apr 27, 2005

Tamil Nadu

Tamil Nadu - Madurai

Bench denies giving blanket fiat on `eviction sans due process of law' Bench denies having given blanket fiat on 'eviction sans due process of law'

Mohamed Imranullah S.

Orders passed on PILs over "hasty removal" of encroachments in southern districts

MADURAI: : Putting an end to the prolonging confusion over "hasty removal" of encroachments in the southern districts based on a High Court order of February 17, a full Bench of the Madurai Bench of Madras High Court on Tuesday clarified that the Bench had not given a blanket direction to evict encroachers without following due process of law.

Passing orders on two public interest litigations moved apprehending the eviction of thousands of residential houses situated on poromboke lands in Rajapalayam Municipality in Virudhunagar district and Kodaikanal Municipality in Dindigul district, a full Bench, comprising Justice P.K. Misra, Justice D. Murugesan and Justice A.R. Ramalingam, spelt out the specific provisions of law to be followed during eviction.

A Division Bench on February 17 had directed all the Collectors, Municipal Commissioners and other local body authorities to take effective steps to remove encroachments by following due process of law. Following this, numerous writ petitions were moved before the Bench alleging that the authorities were evicting and demolishing several structures simply relying on the Division Bench order without even issuing a notice to the affected parties.

Observing the Division Bench order "like a face that launched a thousand ships, appears to have resulted in hundreds of demolitions and scores of litigations," the full Bench said.

On the removal of encroachments on roads and road margins vested with the municipalities,it said such encroachments could be removed only by following Chapter IX of the Tamil Nadu District Municipalities Act and after issuing a written notice. "Notice by other means such as public announcement or beating of drums or by general notice in newspapers would be insufficient."

Pointing out that the Division Bench order could not be construed as abrogating the statutory powers of local bodies, the full Bench said the municipal council might grant license to put up verandas, balconies, sunshades, weather-frames and other constructions and could also lease road sides and street margins for such period as the council might fix. It also made it clear that encroachers could not claim any rights on the property merely because they had been paying property tax and were provided with water/electricity connections. The directions were also applicable to encroachments on roads within the jurisdiction of town and village panchayats, wherein authorities concerned could take action by following the relevant provisions of law applicable to them.

As far as encroachments on national or state highways are concerned, it observed that action could be taken only by following the National Highways Act, 1956 and Control of National Highways (Land & Traffic) Act, 2002 or Tamil Nadu Highways Act, 2001. For evicting encroachments on lands belonging to local bodies, which are not part of roads or streets, "Eviction can be effected following the Tamil Nadu Public Premises (Eviction of unauthorised occupants) Act, 1975 or any other law applicable or by taking recourse before a civil court."

Making it clear that the authorities cannot cancel any license or lease based on the Division Bench order, the full Bench said that no action could be taken if there was a decree or an interim injunction had been obtained from a lower court. "Only the appropriate authority could remove encroachments on government lands under the Tamil Nadu Land Encroachment Act, 1905."

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