Eviction of Encroachments

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The Prime function of Revenue and Disaster Management Department is to safeguard the Government lands as well as to protect it from being encroached upon.

In order to ensure the safety of Government lands and to evict encroachments, if any, noticed on Government lands, the Government have enacted various Acts as follows:-

  1. Tamil Nadu Land Encroachment Act, 1905,
  2. Tamil Nadu District Municipalities Act, 1920,
  3. Tamil Nadu Village Panchayat Act, 1958,
  4. Tamil Nadu Public Premises (Eviction of Unauthorized Occupation) Act, 1975,
  5. Tamil Nadu Panchayat Act, 1994,
  6. Tamil Nadu Highways Act, 2001 and
  7. Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

The Government, in G.O. (Ms.) No.41, Revenue Department, Dated 20.01.1987, had

imposed a ban for the protection of Water Course Resources such as Kulam, Kuttai, Odai, Kalvoi and Water Catchment Area from cropping up of encroachments as well as to refrain from regularization of such encroachments. Further, Government, in G.O. (Ms.) No. 186, Revenue Department, Dated 29.04.2003, have issued directions to follow scrupulously the instructions laid down in G.O. (Ms.) No.41, Revenue Department, Dated 20.01.1987.

Further, the Hon’ble High Court in its Judgement in W.P.No.20186/2000 have directed to verify the illegal encroachments in all the water courses/ sources, to evict the encroachments and to restore the water course to its original position.

In pursuance of the said Judgement, priority has been given to evict the encroachments in co-ordination with Public Works/ Water Resources Departments in

objectionable Water Courses such as Kulams, Rivers, Lakes and Kuttais.

The Hon’ble Supreme Court of India in its Judgement in SLP 3109/ 2011 and CAS No.1132/ 2011 had directed the Government, to chalk out an Action Plan for the eviction of encroachments in the porambokes vested with the Civic Bodies concerned and to restore the lands for the utility of the public.

The Hon’ble High Court of Madras in its order in W.P.No.26722/ 2013 and M.P.No.1/ 2013 Dated 11.08.2014 have directed that “the State Government must set forth a mechanism where aggrieved persons can complain and remedial action can be taken promptly and they are called upon to do so.”

Based on the directions of the Hon’ble  High Court of Madras in W.P.No.26722/ 2013, Dated 08.10.2014, the Government issued orders in G.O. (Ms.) No.540, Revenue [LD6(2)] Department, Dated 04.12.2014 to form three

different Committees at the Taluk, Divisional and District level to redress the grievances of the general public. The Taluk Tahsildar at the Taluk level. The Revenue Divisional Officer at the Divisional level. The District Revenue Officer at the District level within the time limit.  The prime issue has to be monitored whether the Committees are functioning properly and taking action and reporting. The District Collector shall review the progress of this work in the monthly District Revenue Administration Meetings.

The Hon’ble High Court in its orders Dated 31.03.2015 in Writ Petition No. 4614/ 15 has directed to evolve a mechanism regarding the encroachments under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, similar to the mechanism already brought into force regarding the encroachments on Public Land, wherein complaints can be made, decision taken and appeal remedy is also provided.

The Government in G.O. (Ms.) No.148, Revenue [LD6(2)] Department, Dated 24.03.2016 have included the PWD/ WRD officials also as Members of the Committee.

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