Case Note & Summary
The petitioner, C. Ganesan, filed a writ petition before the Madras High Court seeking a direction to the respondents, namely the Commissioner of Greater Chennai Corporation, the Zonal Officer (Zone-15), and the Assistant Engineer (Zone-15, Ward No.195), to conduct a proper and official survey of the subject road through a competent Government Surveyor in the presence of the petitioner and other residents, to measure and demarcate the road strictly in accordance with the original approved layout and records. The petitioner also sought a direction to the respondents to produce the original approved layout and road width records, to forbear from demolishing any portion of the petitioner's building without following due process of law and issuing proper notice, to ensure uniform implementation of the rainwater drainage project in all streets, and to inspect and prevent illegal drainage connections into the rainwater system. During the hearing, the learned Standing Counsel for the Greater Chennai Corporation submitted that encroachments had been identified and that enforcement action for removal of encroachments would be initiated by invoking Section 128 of the Tamil Nadu Urban Local Bodies Act. In view of this submission, the Court directed the respondents to initiate enforcement action and conclude the same within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed.
Headnote
A) Municipal Law - Encroachment Removal - Section 128 of Tamil Nadu Urban Local Bodies Act, 1998 - The petitioner sought a direction to the Corporation to conduct a survey and remove encroachments after due notice. The Corporation submitted that encroachments were identified and action would be taken under Section 128. The Court directed the respondents to initiate enforcement action and conclude it within twelve weeks. (Paras 1-3)
Issue of Consideration
Whether the Greater Chennai Corporation should be directed to conduct a proper survey and remove encroachments on a road in accordance with approved layout records and without violating due process.
Final Decision
The respondents are directed to initiate enforcement action and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of. No costs. Connected miscellaneous petition is closed.
Law Points
- Encroachment removal under Section 128 of Tamil Nadu Urban Local Bodies Act
- 1998
- Enforcement action by municipal authorities
- Due process in demolition
