The court emphasized the need for fair and equal enforcement of laws against encroachments, regardless of the status of the encroachers.

K.P.Sivasubramaniam, J.

1. Writ Petition No.21111 of 2000 was filed by the Principal of S.R.M. Dental College, praying for directions to the respondents/ Governmental and local authorities to remove all the existing encroachments between the whole stretch of Bharathi Salai and Thiruvalluvar Salai in Ramavaram, Chennai.

2. Writ Petition No.3045 of 2001 was filed by Kudiyiruppor Nala Sangam, representing the interest of the occupants in the disputed area (appellant herein) praying for directions to the respondents to issue patta to the members of Sangam, claiming to be in possession of the area for more than 10 years.

3. During the hearing of both the writ petitions before the learned single Judge, an offer was made by the Government to allot alternate site to all the members of the petitioner/Sangam in Survey No.239/2, Eri Poramboke, Ramavaram Village, subject to the members vacating their occupation of the disputed area. After several adjournments at the instance of the appellant/Sangam, finally, an affidavit dated 10.9.20 01 had been filed accepting the alternate site provided by the Government subject to the availability of the land in Survey No.239/2. The learned single Judge had also recorded a finding that the admitted position was that the encroachments in Tiruvallur Salai had already been evicted.

4. Consequently, the learned single Judge dismissed W.P.No.21111 of 2000 filed by the College on the ground that as a result of the removal of the encroachments, any direction for removal did not arise. As regards W.P.No.3045 of 2001 filed by the Sangam/appellant, the learned Judge held that in view of the offer of the Government to allot alternate site in Survey No.239/2 and the acceptance of the same by the Sangam, it was not necessary to go into the merits and that it was sufficient to direct the Government to provide alternate site to the members by demarcating the plots on or before 19.9.2001 and that the members of the Sangam shall occupy the plots on or before 26.9.2001. It was further directed that in the event of the failure to remove the encroachments and vacating the lands, the District Collector was at liberty to evict and remove all the encroachments and the members of the petitioner Sangam will have no right to seek for any alternate accommodation. The Sangam has now come forward with the present appeal.

5. Mr.N.G.R.Prasad appearing for the appellant contends that the alternate site offered by the Government was not at all suitable for certain reasons and that in fact there was no adequate space to accommodate the members of the Sangam. The place was actually ear-marked for the formation of the Metro Rail Project. According to him respondents have not pleaded the correct facts before the learned single Judge as regards the actual topography of the land in Survey No.239/2 and had played a fraud on the Court. We have also perused the affidavit filed on behalf of the appellant in support of their contentions. Learned Government Pleader contends that the appeal itself is not maintainable as the same is directed against a consent order. The appellant has not stated correct facts regarding the topography of the land and that there was sufficient space to accommodate all the members of the Sangam as undertaken by the Government. The action of the appellant lacks bona fides. In fact most of the, members have agreed to take over the alternate allotment and had moved over to the allotted site and that trouble was being created only by one or two persons who had very strong personal and vested interest and they were not actually pleading the cause of the poor. The disputed portion is a public road which had to be cleared as a result of the growing traffic and the encroachers cannot claim any fundamental right to occupy a road resulting in blocking the traffic.

6. Mr.K.S.Natarajan appearing for the College has also reiterated the submissions of learned Government Pleader.

7. We have considered the rival content