Case Note & Summary
The writ petition was filed by five individuals under Article 226 of the Constitution before the High Court of Judicature at Madras. They sought to quash a notice dated 26.02.2024 issued by the Special Tahsildar (Land Acquisition) affixed on their property, alleging it was ultra vires, arbitrary and unconstitutional, and for a direction to the authorities to acquire their land measuring 1700 square meters with superstructure and trees situated in Velliyiur B Village, Thiruvallur District, subject to payment of fair compensation. The background revealed that the District Collector, Tiruvallur, had transferred the subject land to the Highways Department for formation of a road under the Chennai Peripheral Ring Road Project, and the notice was issued for removal of encroachments. The petitioners, claiming ownership/possession, contended that the notice was issued without authority and that they were entitled to acquisition proceedings and compensation. The respondents maintained that the land was encroached and the notice was valid. The Division Bench, after examining the notice, observed that the notice indicated the transfer of land and the initiation of enforcement action, and held that the notice itself did not give any cause for the writ petition. The court did not adjudicate on the merits of the acquisition claim or the validity of the notice, but instead afforded the petitioners an opportunity to submit their explanation and documents within two weeks. It directed that upon receipt of the explanation, the competent authority must consider it and thereafter proceed with enforcement action only after scrupulously following the procedures under the relevant statutes and rules. The entire exercise was to be completed within twelve weeks. The writ petition was accordingly disposed of with no costs, and connected miscellaneous petitions were closed or ordered on payment of separate court fees. The decision ensured procedural fairness while allowing the enforcement action to continue, resulting in a mixed outcome favoring neither party exclusively.
Headnote
A) Land Laws – Encroachment Removal – Natural Justice – Not mentioned – The petitioners challenged a notice affixed on their property for removal of encroachments in connection with land transferred to the Highways Department for road formation – The court held that the notice did not provide a cause for the writ petition and directed the petitioners to submit an explanation within two weeks – Held that the authority shall consider the explanation and strictly follow the procedure under the relevant statutes and rules before evicting the encroachers (Paras 1-3).
Issue of Consideration
Whether the impugned notice dated 26.02.2024 is ultra vires, arbitrary and unconstitutional; whether the petitioners are entitled to acquisition of the land and payment of fair compensation in lieu of eviction
Final Decision
The writ petition is disposed of. The petitioners are at liberty to submit their explanation and documents in response to the notice within two weeks. The competent authority shall consider the explanation and then proceed with enforcement action for removal of encroachment, strictly following the procedures under relevant statutes and rules. The entire exercise shall be completed within twelve weeks. No costs. W.M.P. Nos. 36912 & 36914 of 2024 are closed; W.M.P. No. 36909 of 2024 is ordered on payment of separate court fees.
Law Points
- Encroachment removal notice does not itself furnish a cause of action for a writ petition if an opportunity to respond is afforded
- before eviction the authorities must consider the explanation and scrupulously follow the procedure prescribed under the relevant statutes and rules
