Case Note & Summary
The petitioner, Radhika, filed a writ petition before the Madras High Court seeking a direction to the respondents 1 to 3 (District Collector, Thasildar, and Block Development Officer) to remove illegal encroachments allegedly made by the 4th respondent, N. Rajesh, on Survey Nos. 297/7 and 297/13 (village road) and Survey No. 298 (village main road) in Velakkapuram Village, Uthukottai Taluk, Thiruvallur District. The learned Additional Government Pleader appearing for the state respondents submitted that a survey had already been conducted, encroachments were identified, and the competent authority had issued a notice under Section 7 of the Land Encroachment Act. After affording an opportunity of hearing, a final notice under Section 6 of the Act was also issued. The court, taking note of these submissions, directed the authorities to proceed further for removal of encroachments, if any identified, by following all procedures contemplated under law. The exercise was directed to be completed 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) Land Law - Encroachment - Removal of Encroachments - Land Encroachment Act, Sections 6 and 7 - Petitioner sought removal of encroachments by 4th respondent on survey numbers 297/7, 297/13, and 298 - Authorities conducted survey, identified encroachments, issued notice under Section 7, and final notice under Section 6 - Court directed authorities to proceed with removal following all procedures and complete within twelve weeks - Held that the authorities must act in accordance with law to remove encroachments (Paras 1-2).
Issue of Consideration
Whether the authorities should be directed to remove illegal encroachments on village roads after following due process under the Land Encroachment Act.
Final Decision
The writ petition is disposed of directing the authorities to proceed further for removal of encroachments, if any identified, by following all further procedures as contemplated under law, to be completed within twelve weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.
Law Points
- Land Encroachment Act
- Section 6
- Section 7
- Encroachment removal
- Notice and opportunity of hearing
- Time-bound compliance
