Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Legal Remedies for Inaction: Petitioners often approach courts seeking mandamus or writs to compel authorities to act against encroachments, citing inaction or delays ["Sri Aditya Homes Private Limited vs The State of Telangana - Telangana"], ["Sri Aditya Homes Private Limited vs The State of Telangana - Telangana"], ["Rakesh Kumar vs The State of Bihar - Patna"].
Analysis and Conclusion:
Encroachments on public lands, roads, water bodies, or government properties pose significant challenges to urban planning, public safety, and resource management. Whether it's unauthorized constructions on road margins or illegal occupations of temple lands, removing them requires strict adherence to law to avoid legal backlash. But what is the proper procedure for removing encroachments? This blog post breaks down the mandated steps, drawing from key judicial precedents and statutes, primarily in the Tamil Nadu context.
Important Disclaimer: This article provides general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
Courts have repeatedly emphasized that encroachments cannot be removed arbitrarily. Removal of encroachment is not permissible without recourse to due process of law. K. Kathalingam VS State of Tamil Nadu, rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Dept. , Fort St. George, Chennai-9 and others - 1999 0 Supreme(Mad) 1067 Authorities must protect public properties lawfully, without discrimination or self-help measures. No private party or even officials can resort to forceful eviction sans enquiry or final orders. M. Subramaniam VS The Government of Tamil Nadu, Rep. by its Secretary to Government, Department of Revenue & Others - 2008 0 Supreme(Mad) 4774
The State has a duty to clear unauthorized occupations via legal channels, often with court-directed timelines post-verification. M. Subramaniam VS The Government of Tamil Nadu, Rep. by its Secretary to Government, Department of Revenue & Others - 2008 0 Supreme(Mad) 4774Ramaraju S/o. N. A. Subbaraja & Another VS The State of Tamilnadu & Others - 2005 0 Supreme(Mad) 736 Failure to follow procedures can invalidate actions, leading to reinstatement orders or penalties.
The cornerstone of any removal action is confirming the encroachment through objective verification. Courts direct authorities to perform surveys, demarcations, or thorough enquiries first.
Fresh surveys are ordered if prior processes are flawed. M. Palaniappan VS District Revenue Officer, Namakkal - 2024 0 Supreme(Mad) 815
Once verified, notices must be served, adhering to natural justice principles. This varies by encroachment type:
Under the Tamil Nadu Land Encroachment Act, 1905 (Secs. 6-7), authorities must pass final orders under Section 6 within timelines, ensuring hearing and survey verification before eviction. Authorities to pass appropriate final orders under Section 6 of the Act within six weeks, ensuring that no steps for removal of encroachment/eviction be taken till final orders are passed. A. Lakshmanan VS District Collector Kancheepuram - 2015 0 Supreme(Mad) 1160
Errors in notice or absent enquiry invalidate removals. K. Kathalingam VS State of Tamil Nadu, rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Dept. , Fort St. George, Chennai-9 and others - 1999 0 Supreme(Mad) 1067
Specific statutes govern procedures:
| Statute | Key Provisions ||---------|---------------|| Tamil Nadu Land Encroachment Act, 1905 | Secs. 6-7: Final orders post-enquiry; no removal without them. A. Lakshmanan VS District Collector Kancheepuram - 2015 0 Supreme(Mad) 1160S. Asha VS Tahsildar, Ponneri Taluk, Tiruvallur - 2024 0 Supreme(Mad) 804 || Tamil Nadu District Municipalities Act, 1920 | Sec. 311: Notice-based removal; force only post-compliance. R. Narayanasamy and Others VS Commissioner, Ambattur Municipality and Another - 1997 0 Supreme(Mad) 476 |
Actions must be non-discriminatory: The Authorities Competent cannot discriminate and all such encroachments on the road is to be removed by following the procedures as contemplated. A. Thangarasu (Deceased) VS District Collector, Salem - 2023 0 Supreme(Mad) 867
Procedures adapt to land type and occupant status:
In forest or acquired lands, additional approvals are mandatory. Nature Lovers Movement VS State of Kerala - 2009 0 Supreme(SC) 590
Monitor compliance; costs rarely awarded unless specified.
By following these steps, authorities can reclaim public spaces legally, while encroachers get fair hearings. Stay informed on evolving precedents to navigate this complex area effectively.
#EncroachmentRemoval #LandLawTN #DueProcessLaw
The petitioner approached this Court alleging that no action was taken by the revenue officials to remove the enchroachments by respondents 6 to 8. ... be taken in the matter and if the Collector is of the view that the land is vested with the Panchayat, necessary direction shall be issued to the Panchayat to initiate action to remove the alleged enchroachments
HEARD ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner approached this Court alleging that no action was taken by the revenue officials to remove the enchroachments ... petitioner moves the District Collector or any other officers authorised by him, appropriate decision shall be taken in the matter and if the Collector is of the view that the land is vested with the Panchayat, necessary direction shall be issued to the Panchayat to initiate action to remove the alleged enchroachments
By the impugned proceedings, the petitioners were directed to vacate enchroachments over road puramboke. The petitioners' case is that they have applied for assignment of road puramboke. The learned Government Pleader submitted that no applications were filed by the petitioners for assignment.
However, the Gram Panchayat concerned, is directed to forthwith draw a motion under the relevant statutory provisions before the learned Collector concerned, for removal of the enchroachments, if any, as occur on the panchayat land. 4. ... State of Punjab and others', impugned order (Annexure P-9) has been passed and the petitioner is being threatened with dispossession without following any procedure as contemplated under law. Issue notice of motion returnable for 08.08.2023.
operations and stone quarries and enchroachments
In compliance of circular issued by the Government of Chhattisgarh in the year 2011 enchroachments are to be removed by the concerned Revenue Authority, but, as has been stated by learned State counsel in the instant case, some report has been sought and respondent No.5 has not proceeded further against
Since Government has specified the timeline by activating the process of law to remove encroachments and evict encroachers from the Government land by following the procedure laid down in the relevant statute, this Court does not feel it prudent to keep the matter pending. ... All pending encroachment cases shall be disposed of after removing encroachment by 31.03.2026. Disposal of Appeal Cases: The appellate authority shall strive to dispose of the case in a time bound manner. ... All encroachment cases shall be disposed of after removing#HL_EN....
Appropriate action must be taken against the errant Government officials of the central as well as state department and officers under the HR&CE department for not removing the encroachments in the protected and regulated area, within a period of eight (8) weeks on expiry of the time given. ... LAND REVENUE, RENT, ARREARS, ENCHROACHMENTS ETC (31) The District Committees must take stock of the lands of all the temples within their respective District, list out the total extent with
He submitted that the land is situated at Chiloda Circle and the Gram Panchayat has no authority to regularise the enchroachments and, therefore, the resolution passed by the Gram Panchayat for recovering the amount at the rate of Rs. 3. 00 (Rupees three only) per sq. ft. from the enchroachers is ex-facie
The OSR and was inspected and found that there are, enchroachments; but the Government land should be free from encroachment or encumbrance. The petitioner is the principal person and the power of attorney is only an agent, doing the work on behalf of the petitioner.
….......42. It is a settled position of law that until and unless the jurisdiction of the Civil Court is ousted either expressly or impliedly, an affected party cannot be prevented from approaching it. As observed above, Sections 78 and 79 ,which deal with encroachment, merely embark upon a procedure for removing an encroacher of a temple property. They do not put any fetters on the power of the authority acting as a guardian of the temple property to have recourse to the Civil Court. The jurisdiction of the Civil Court is plenary in nature.
The said section clearly elicited the procedure to be adopted for removing the encroachments made in the property situated in village panchayat and Panchayat union councils. Here, it is necessary to find out whether the plaintiff is an encroacher. As already discussed in substantial question of law No. 2, the second defendant panchayat itself is having power to remove the encroachment made in the panchayat.
It is a settled position of law that until and unless the jurisdiction of the Civil Court is ousted either expressly or impliedly, an affected party cannot be prevented from approaching it. The jurisdiction of the Civil Court is plenary in nature. They do not put any fetters on the power of the authority acting as a guardian of the temple property to have recourse to the Civil Court. As observed above, Sections 78 and 79 which deal with encroachment, merely embark upon a procedure for removing an en-croacher of a temple property.
(i) that a plan for constructions of pillars at suitable spacing the catchment area as directed by the Hon'ble Court in the case of Abdul Rehman has been prepared. Necessary steps had been initiated for removing the aforesaid encroachments. Similarly, plans for installing pillars in unhabitated areas and demarcation of drainage channels has been prepared. (h) that a total of 235.83 hectares of land has been encroached upon.
As observed above, Sections 78 and 79, which deal with encroachment, merely embark upon a procedure for removing an encroacher of a temple property. They do not put any fetters on the power of the authority acting as a guardian of the temple property to have recourse to the Civil Court. The jurisdiction of the Civil Court is plenary in nature. It is a settled position of law that until and unless the jurisdiction of the Civil Court is ousted either expressly or impliedly, an affected party cannot be prevented from approaching it.
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