MUNISHWAR NATH BHANDARI, P. D. AUDIKESAVALU
M. G. Annadurai, President, Betheal Nagar Residents Welfare Association, Chennai – Appellant
Versus
Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Chennai – Respondent
Certainly. Based on the provided legal document, here are the key points:
The court addressed a batch of three writ petitions involving land encroachment, land classification, and issuance of pattas. The petitions sought directives for the issuance of pattas to the petitioners or their associations and challenged notices issued under the relevant land encroachment law (!) (!) (!) .
The court found that the reclassification of land by the District Collector for the purpose of issuing pattas was beyond his authority and was therefore illegal, as such reclassification required specific orders from the Government. The court emphasized that encroachment on grazing land is impermissible, and encroachers cannot claim regularization (!) (!) .
The land in question was classified as grazing land in official records, and no valid orders from the Government for its reclassification had been produced. Consequently, the reclassification by the District Collector was deemed illegal, and the issuance of pattas based on such reclassification was not permissible (!) (!) (!) .
The court underscored that encroachment on government land, especially grazing land, is illegal and cannot be regularized unless there are exceptional circumstances as per applicable policies and rules. Regularization of illegal encroachments is limited and cannot be claimed as a matter of right (!) (!) .
The court highlighted that the land classification as "Meikkal" (grazing land) remains unchanged, and any change in land use requires specific government orders. Without such orders, reclassification and subsequent issuance of pattas are illegal (!) (!) .
The court referred to the relevant procedural provisions, emphasizing that the issuance of pattas can only be authorized by the Government following proper procedures. The absence of such orders renders the reclassification and issuance of pattas illegal (!) .
The court noted that the land was the subject of previous directions to conduct an inquiry and ensure proper procedures for eviction and regularization. The authorities' failure to comply with these directions, including delays and non-implementation of orders, was a concern (!) (!) .
The court reaffirmed that encroachers, especially those who are rank encroachers or unauthorized occupants, do not have a right to claim regularization or protection from eviction. The principles governing illegal occupation prohibit granting pattas or regularization in such cases (!) (!) .
The court dismissed the petitions, holding that the claim for issuance of pattas was not justified given the illegal nature of the encroachments, the lack of proper governmental authorization, and the applicable legal principles against regularization of unauthorized land occupation (!) (!) .
The court also pointed out that the petitions lacked merit because the procedures for eviction and regularization had not been properly followed, and the land's classification as grazing ground was still valid, further preventing regularization (!) (!) .
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JUDGMENT
(Prayer: W.P.No.33684 of 2018 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the petitioner representations in pursuance of the order dated 10.05.2010 in Na.Ka.No.43992/2008/No.1 passed by the District Collector, Kanchipuram and as per the order dated 28.07.2008 in Na.Ka.No.43992/2008/No.1 passed by the 5th respondent.
W.P.No.31250 of 2019 filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records relating to the impugned illegal notice dated 28.08.2019 issued by the respondents 3 and 4 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same, consequently, direct the respondents to consider the petitioner's detailed written explanation reply letter dated 06.09.2019 within a stipulated time.
W.P.No.24252 of 2021 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to issue patta to the Members of the Petitioner's society and thereby drop all further proceedings under the provisions of the Land Encroachment Act, 1905.)
Common Order
Munishwar Nath Bhandari, CJ.
1.
Limited scope of review applications and the need for compliance with government policies and regulations regarding encroachments on government land.
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
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