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MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
Bethel Nagar Residents Welfare Association, Represented by its President, M. G. Annadurai, Chennai – Appellant
Versus
Government of Tamil Nadu, Represented by its Chief Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner detailed representation, dated 13.09.2019 within a stipulated time fixed by this Court, consequently, to direct the respondents 1 to 6 to implement the benefits of Peoples Welfare Schemes of Government of Tamil Nadu Orders in G.O.Ms.No.318, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 30.08.2019, G.O.Ms.No.480, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 11.09.2020 and G.O.Ms.No.567, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 17.09.2021 to the families living and residing in S.No.282/2, Injambakkam, Sholinganallur Taluk, Chennai District – 600 115.)
D. Bharatha Chakravarhy, J.
1. The petitioner, namely Bethel Nagar Residents Welfare Association has filed this Writ petition for and on behalf of its members who are the occupants of the area known as Bethel Nagar comprised in S.No.282/2, Injambakkam Village, Sholinganallur Taluk, Kanchipuram District, which is a sub-urban a
The court established that 'Grama Natham' lands are public properties that cannot be claimed by individuals for personal use, and the government has a duty to protect these lands from encroachment.
The main legal point established in the judgment is that Gramanatham lands are private interest lands and do not vest with the Government, and the provisions of the Tamil Nadu Land Encroachment Act, ....
The duty of the government to protect and improve the natural environment, including water bodies, and the need to restore the land to its original position to serve as a water source for the people.
Grama Natham lands are not subject to commercial use, and upon reclassification to Sarkar Poramboke, the government retains exclusive rights.
Occupied residential village habitation lands are private holdings and do not vest with the state. Consequently, the summary eviction power granted under the land encroachment legislation cannot be i....
The judgment emphasizes the importance of evidence in establishing ownership claims and the validity of permissions granted for construction on disputed land.
Point of law: Land cannot be utilized for any other purpose, except for grazing cattle as ‘mandabayalu’ and no change of classification of the land in Sy.No.74/3 is for ‘mandabayalu’ into ‘assessed w....
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