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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, S. VAIDYANATHAN, JJ
V.B.R. Menon - Appellant
Versus
The District Collector, Collectorate, Kancheepuram & Others - Respondents
W.P. 5076 of 2016
Decided on : 29-04-2019
PUBLIC INTEREST LITIGATION - WRIT PETITION - DIRECTIONS TO CONSTITUTE A PERMANENT SPECIAL TASK FORCE WITH ADEQUATE POWERS AND RESPONSIBILITIES TO CONDUCT PERIODICAL INSPECTIONS, FIELD SURVEYS AND REMOVALS OF ENCROACHMENTS FROM ALL CATEGORIES OF VACANT GOVERNMENT LANDS SITUATED WITHIN THE REVENUE DISTRICTS OF KANCHIPURAM AND TIRUVALLUR AND TO TAKE APPROPRIATE ACTIONS TO ENSURE PROPER UTILIZATION OF SUCH PROPERTIES, INCLUDING DISPOSALS OF EXCESS LANDS WITH A PRESCRIBED TIME LIMIT - WRIT PETITION DISPOSED OF WITH DIRECTIONS.
Fact of the Case:
The Petitioner, a public-spirited individual, filed a Writ Petition in the form of Public Interest Litigation, seeking directions to the Respondents to constitute a Permanent Special Task Force with adequate powers and responsibilities to conduct periodical inspections, field surveys, and removals of encroachments from all categories of vacant Government lands situated within the Revenue Districts of Kancheepuram and Tiruvallur. The Petitioner highlighted the rampant encroachment of Government lands, leading to improper utilization and disposal of excess lands. The Petitioner also emphasized the need for proper identification, demarcation, and physical possession of Government lands to prevent further encroachments and ensure their proper utilization for the benefit of the public.
Finding of the Court:
The Court, after considering the facts and circumstances of the case, the arguments presented by the parties, and the relevant legal provisions, came to the following findings: * The existing mechanisms and systems for the protection and management of Government lands were found to be grossly inadequate and inefficient, leading to rampant encroachment and illegal occupation of Government lands. * The Court noted the failure of the District Level Committees, established in 2001 for the protection of Government lands, to effectively address the issue of encroachments. * The Court recognized the need for a comprehensive and time-bound action plan to protect, preserve, and utilize Government lands for the benefit of the public. * The Court emphasized the importance of ensuring that Government lands are not encroached upon or illegally occupied, as they are held by the Government in trust for the benefit of the public.
Issues: The main issues considered by the Court in this case were: * The need for a Permanent Special Task Force to conduct periodical inspections, field surveys, and removals of encroachments from vacant Government lands. * The importance of proper identification, demarcation, and physical possession of Government lands to prevent further encroachments. * The responsibility of the Government to protect and manage Government lands for the benefit of the public. * The need for a comprehensive and time-bound action plan to address the issue of encroachments on Government lands.
Ratio Decidendi: The Court, in its decision, relied on the following legal principles and precedents: * The principle of Public Trust Doctrine, which holds that the Government holds its lands in trust for the benefit of the public. * The duty of the Government to protect, preserve, and utilize Government lands for the common benefit of the public. * The need for a comprehensive and time-bound action plan to address the issue of encroachments on Government lands. * The importance of ensuring that Government lands are not encroached upon or illegally occupied, as they are held by the Government in trust for the benefit of the public.
Final Decision: The Court, in its final decision, directed the Government to constitute a Permanent Special Task Force with adequate powers and responsibilities to conduct periodical inspections, field surveys, and removals of encroachments from all categories of vacant Government lands situated within the Revenue Districts of Kancheepuram and Tiruvallur. The Court also provided detailed guidelines and instructions to the Special Task Force regarding its composition, functions, and responsibilities. The Court further directed the Government to take appropriate actions to ensure proper utilization of Government lands, including disposals of excess lands with a prescribed time limit. The Court also emphasized the need for strict action against encroachers and erring officials, including departmental proceedings and denial of terminal benefits.
M. Venugopal, & S.Vaidyanathan, JJ.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a direction to the Respondents to constitute a Permanent Special Task Force with adequate powers and responsibilities to conduct periodical inspections, field surveys and removals of encroachments from all categories of vacant government lands situated within the Revenue Districts of Kancheepuram and Tiruvallur and to take appropriate actions to ensure proper utilization of such properties, including disposals of excess lands with a prescribed time limit.
This Writ Petition, which was specifically posted before this Bench for hearing on the orders of the then Hon'ble Chief Justice, has been filed in the form of Public Interest Litigation, seeking to direct the Respondents to constitute a Permanent Special Task Force with adequate powers and responsibilities to conduct periodical inspections, field surveys and removals of encroachments from all categories of vacant Government lands situated within the Revenue Districts of Kancheepuram and Tiruvallur and to take appropriate actions to ensure proper utilization of such properties, including disposals of excess lands with a prescribed time limit.
2. Heard Mr.V.B.R.Menon, Petitioner-in-Person, Mrs.Narmadha Sampath, the learned Additional Advocate General, duly assisted by Mr.S.N.Parthasarath, the learned Government Advocate, appearing for R1 to R7 and Mr.G.Karthikeyan, the Learned Assistant Solicitor General for R8.
3. The facts, leading to filing of this Writ Petition, are as follows:
(i) The Petitioner-in-Person (in short 'the Petitioner') has stated that the Karnataka Government had already constituted a Task Force in 2008 for the purpose of recovery of Lands and had submitted a comprehensive report to the Government in June, 2011. The contents of the above report deals with identical problems, which are faced in the State of Tamilnadu also in toto. Based on the above Report and the problems faced by them during the study and itss implementation, the reliefs sought herein have been suitably modified to achieve lasting solutions to the problems. Instead of being a recommendatory body, the Special Task Force needs to have sufficient power and authority to take decisions and to implement the same, which the Karnataka Task Force did not possess;
(ii) It was further stated that a study of the Karnataka Task Force Report and the status of its implementation, reveals a few drawbacks as listed below:
(i) The Karnataka Task Force did not have adequate infrastructure to undertake such a mammoth exercise for the entire State in one stretch. The whole exercise in a phased manner would have achieved better results.
(ii) The Karnataka Task Force was basically a recommendatory body which did not have adequate powers to evict the encroachers and to retrieve the lands.The Authorities who have to implement the recommendations shall necessarily be a part of the Task Force to achieve the desired results.
(iii) The actions of the Karnataka Task Force were based on complaints received from the public and not based on any field survey of lands. Hence, it would have failed to include large extents of lands under encroachments for which no complaints were received. In the absence of accurate data on encroachments through a detailed field survey of all types of Government lands, the actions on removals of encroachments would only remain incomplete.
(iii) The Petitioner further stated that there are several restricted/prohibited categories of Government Lands, classified as PWD, Highways, Animal Husbandry, Forests, Temple, etc. as per the Revenue records and the Revenue department is responsible for the protection of all such lands. Rule 39 of the Revenue Standing Order contains specific provisions for the protection and preservation of such lands for the common benefit of the p
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