Madras HC Calls for Legislation to Combat Government Land Encroachments

The Madras High Court on Monday expressed deep concern regarding the encroachment on government lands and stressed the immediate necessity of legislation to address this issue.

A bench of Justice SM Subramaniam directed the Tamil Nadu government to investigate and combat the structural corruption involved in government land encroachments by enacting suitable legislation.

This directive came as a response to a plea from M/s Hotel Saravana Bhavan, which sought permission to acquire patta (land title) for 3.45 acres of land near the Central Bus Stand in Koyembedu, where they intended to construct a shopping mall and hypermarket with a substantial investment of Rs 1,575 crore. The land, initially granted by the previous AIADMK government just prior to the 2021 Assembly elections, was revoked by the present DMK government last year.

The single bench pointed out that the established facts and submitted documents clearly indicated that the petitioner had no entitlement to the land grant. The petitioner was deemed an encroacher on government land, systematically occupying it for unlawful gain, particularly with the involvement of government officials colluding with influential individuals in society.

The judge emphasized the pressing need for the government to contemplate the enactment of special legislation aimed at penalizing land encroachment. The proliferation of land grabbing cases, often involving government officials, was a significant issue. Collusion between various layers of the executive branch and political figures in such offenses was undeniable.

The bench stated that describing the issue as mere political interference and government bureaucracy collusion in land grabbing cases was an understatement. Legislation to prohibit land grabbing was imperative, especially when it pertained to government-owned land. This constituted an offense against the State itself and carried severe criminal consequences. The act of land grabbing, according to the judge, was tantamount to theft of another’s property.

In the present case, the court ordered the authorities to reclaim the entire government-owned land, secure it with fencing, and utilize it for the greater public good in accordance with constitutional principles. Furthermore, the authorities were instructed to initiate appropriate criminal and disciplinary proceedings against those responsible for the illegal appropriation of valuable government property across Tamil Nadu.

Justice Subramaniam directed the appointment of a High-Level Committee tasked with identifying cases of government land encroachment, examining irregularities in the handling of government property, recovering outstanding lease rents, addressing unlawful occupation of government land, and pursuing all necessary actions, including criminal prosecution. These measures were deemed essential to protect the financial interests of the State and safeguard the rights of the vulnerable population in Tamil Nadu.