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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, MOHAMMED SHAFFIQ
S. Jaithun Beevi – Appellant
Versus
Government of Tamil Nadu Rep. by its Special Commissioner and Commissioner for Land Administration, Chennai – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
1. Under assail is writ orders, all dated 24.07.2017 in W.P. No. 35335 of 2003, W.P. No. 6093 of 2005 and W.P. No. 36012 of 2003 respectively.
2. The brief history of the case shows that in G.O.Ms.No.2723, Revenue dated 17.11.1969 orders were issued permitting the Special Officer, Wakf Board to enter upon in 28 acres of land in T.S.No.497, Managiri Kanmoi, North Madurai Village, South Taluk, Madurai District for construction of M.S.S. Wakf Board College pending order of alienation from Government. Subsequently, on verification, the Government found that the actual area under possession of the Wakf Board was 20 acres and 143 sq.ft. only. Thus, the Government in their order in G.O.Ms.No.2231 Revenue Department dated 28.11.1998, ordered alienation of 20 acres and 143 sq.ft. of land in T.S.No.497/2 in favour of Wakf Board College on free of cost.
3. The other portion of kanmoi (waterbody) has been encroached upon by individuals. The Government is of the view that Wakf Board College failed to protect the entire area and allowed encroachers to encroach upon waterbody. It is not in dispute between the parties that the said area has been classified as 'Vaikkal a
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
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.
Encroachment on water bodies is impermissible; restoration of original ecological status is mandated by law.
Notified protected forest land encroached upon must be immediately cleared and restored to forest department per demarcation reports, rejecting regularization via denied diversion/exchange applicatio....
Illegal encroachment of protected forest land is a violation of statutory provisions, requiring immediate removal to prevent ecological damage and uphold property rights of the state.
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