Public authorities cannot construct on private Bhoodhan-allotted land without consent; court upholds possession rights.

(Order of the Court was delivered by G.R.Swaminathan, J.)

The writ petitioner / Gandhimathi is a senior citizen. She was granted one acre and five cents of lands in Survey Nos.48/2B1 and 48/2B2 in Valayanvayal Village under the Bhoodhan Scheme. The specific allegation of the petitioner is that during the Covid pandemic, an overhead tank was constructed in three cents of land in Survey No.48/2B2. The petitioner wanted the same to be removed. The petitioner’s request was rejected by the Tahsildar, Peravurani on the ground that the overhead tank had been put up only in Survey No.50/3.

Challenging the said communication, this writ petition has been filed.

2.We are more than satisfied that the overhead tank had not been put up in Survey No.50/3 but in the petitioner’s allotted land in Survey No.48/2B2. This is evident from the certificate issued by the Tahsildar, Peravurani to TANGEDCO on 21.06.2021. Earlier, the petitioner had invoked the provisions of the Right to Information Act and wanted to know as to where this overhead tank had been put up in her village. The Public Information Officer of the local body informed the petitioner that the overhead tank had been put up in S.Nos.52/3 and 48/2B2. Without getting the writ petitioner’s consent, the overhead tank could not have been put up in the petitioner’s allotted land. However, the petitioner graciously informs the Court that if her possession over the remaining extent of land in Survey Nos.48/2B1 and 48/2B2 is not disturbed, she will not have any objection for the overhead tank to remain.

3.In view of the fair stand taken by the writ petitioner, the Writ of Mandamus originally sought for by her need not be issued. We hope that the respondents as well as the Bhoomidhan Board will not disturb the petitioner’s possession over the remaining extent of land.