The Hindu : Front Page : Bench ‘no’ to hasty removal of encroachments

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Thursday, Aug 02, 2007
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Bench ‘no’ to hasty removal of encroachments

Mohamed Imranullah S.

Follow provisions of law in demolition
No eviction by citing court orders

MADURAI: The Madurai Bench of the Madras High Court on Wednesday expressed its displeasure over hasty removal of encroachments in southern districts without following due process of law.

Hearing one such case, a Division Bench comprising Justice P.D. Dinakaran and Justice P.R. Shivakumar said that Government officials could not demolish buildings and evict occupants by simply citing court orders passed on February 17, 2005.

“You are misusing our orders. It is unfortunate. You cannot simply quote our orders and demolish the structures. The relevant provisions of law must be followed,” Mr. Justice Dinakaran told the Special Government Pleader.

The Bench said that the officials should strictly adhere to the provisions under the relevant statutes such as Tamil Nadu Land Encroachment Act, National Highways (Land and Traffic) Act, Tamil Nadu Highways Act and Tamil Nadu Public Premises (eviction of unauthorised occupants) Act.

During arguments, Special Government Pleader R. Janakiramulu said that he had sent a communication to the Collectors of Madurai, Kanyakumari, Tirunelveli, Tuticorin, Dindigul, Theni, Ramanathapuram, Virudhunagar, Sivaganga, Pudukottai, Thanjavur, Tiruchi and Karur under the jurisdiction of the Bench to follow the procedures.

The SGP submitted that he had also asked the Collectors to file periodical reports on the removal of encroachments before the Registrar (Judicial) of the Bench as directed by the court in its February 2005 order.

While disposing of a PIL in 2005, a Division Bench directed all Collectors and local body officials to remove the encroachments.

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