The Hindu : Tamil Nadu News : Encroachment a menace: court

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Friday, Jun 15, 2007
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Tamil Nadu

Tamil Nadu

Encroachment a menace: court

CHENNAI: Encroachment is a public menace, which should be discouraged in the larger public interest, the Madras High Court has said.

A Division Bench of Justice P.D. Dinakaran and Justice P.P.S. Janarthana Raja, passing orders on a batch of writ petitions, said: “It is settled law that no person has the right to encroach, by erecting any structure or otherwise, a place which is reserved or earmarked for public purpose and the public authorities are entitled to initiate action … to evict the unauthorised occupants.”

The matter relates to the encroachment of a 3.36-acre railway property at Vellore by 125 families. When the estate officer initiated eviction proceedings, the appellate authority declared that the move was not lawful, as it had not been done as per the procedure.

Holding that the summary eviction initiated by the estate officer was justified, Mr. Justice Dinakaran, writing the judgment for the Bench, said the appellate authority had misdirected itself by holding that the principles of natural justice had not been followed in the matter.

“As the Legislature considers in its wisdom, that under the general law the eviction process is dilatory and provides for other speedier procedure, it cannot be said that such summary eviction procedure is violative of any fundamental rights,” it said.

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