Back
T. RAJA, D. BHARATHA CHAKRAVARTHY
A. Sacractice – Appellant
Versus
District Collector, Thiruvallur District, Thiruvallur – Respondent
ORDER :
(D. Bharatha Chakravarthy, J.)
(Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings in Na.Ka.No.348/2021/A1, dated Nil/05/2022 on the file of the third respondent in respect of land and building (Adi-Dravida Natham land) situated at Door No.538 Trunk Road, Poonamalee, Chennai – 600 056 measuring an extent of 456 Sq.mts out of 34.44.0 comprised in Survey No.595 and 0045 Sq.mts out of 1759 Sq.ft comprised in S.No.759, Poonamallee Village, Thiruvallur District and quash the same.)
1. The lands comprised in S.Nos.595 and 759 of Poovirunthavalli Revenue Village and Taluk, Thiruvallur District, were found necessary for the Chennai Metro Rail project to be carried out by the second respondent, namely, the Chennai Metro Rail Limited.
2. On inspection the respondents herein found that the petitioners, namely, A.Sacratice and five others were in occupation of S.No.595 by building houses and shops admeasuring to an extent of 456 Sq.mts and similarly by building house in respect to an extent of 45 Sq.mts in S.No.759. Therefore, notices were issued through the third respondent, name
Encroachments on unassigned Grama Natham lands may be removed under the Tamil Nadu Land Encroachment Act, supported by Full Bench precedents and constitutional policy principles.
Occupied Village Natham lands do not vest with the government and constitute private property. Revenue records classifying such lands as 'Poramboke' cannot negate title established by long-term occup....
Grama Natham lands are not subject to commercial use, and upon reclassification to Sarkar Poramboke, the government retains exclusive rights.
The court emphasized the importance of considering the objections raised by the petitioners and allowing them to file their reply within ten days, as well as directing that any adverse order under Se....
Pending appeals under Land Encroachment Act on Grama Natham land require expeditious disposal before coercive action.
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 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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
