Encroachment order of THE HON’BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.19286 of 2021. Aag j ravinthiran for govt
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2022
CORAM :
THE HON’BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.19286 of 2021
Raja .. Petitioner
Vs.
- The Secretary
Revenue Department, Secretariat Chennai-9.
- The Director
Animal Husbandry and Veterinary Service Nandanam, Chennai-35.
- The District Collector
No.62, Rajaji Salai, Collectorate Chennai-1.
- The District Collector
Cheyyar Kanchipuram Road
Gandhi Nagar Collectorate
Kanchipuram-631 501.
- The District Collector
Master Plan Complex NH 205, Collectorate Tiruvallur-602 001.
- The District Collector
Tamil Nadu Housing Board Collectorate, Vellore-632 012.
- The District Collector
Collectorate, GST Road
Chengalpet-603 001. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents 1 to 7 to remove the encroachment being in all the Meikaal poramboke lands and Mandaiveli lands throughout Tamil Nadu and restrain the respondents from in anyway converting the lands in Meikaal poramboke and Mandaiveli for the purpose of granting patta pursuant to G.O.Ms.No.318 Revenue and Disaster Management Department dated 30.8.2019.
For the Petitioner : Mr.G.Surya Narayanan
For the Respondents : Mr.J.Ravindran
Additional Advocate General
Assisted by
Mrs.R.Anitha
Special Government Pleader
ORDER
(Order of the Court was made by the Hon’ble Acting Chief Justice)
The writ petition has been filed seeking a direction to the respondents to remove the encroachments in Meikaal poramboke and Mandaiveli lands throughout the State of Tamil Nadu and to restrain the respondents from converting the said lands for the purpose of granting patta, pursuant to G.O.Ms.No.318, Revenue
and Disaster Management Department dated 30.08.2019.
- Learned counsel for the petitioner prayed for liberty to file a
fresh writ petition in regard to the prayer for removal of the
encroachment on Meikaal Poramboke and Mandaiveli lands
throughout the State of Tamil Nadu for each Districts separately. It is not only to address the issue on encroachments effectively, but also for the implementation of the direction as prayed for by the petitioner. The only prayer now is to dispose of the writ petition to direct the respondents not to convert the Meikaal Poramboke and
Mandaiveli lands for the purpose of granting patta.
- Learned Additional Advocate General has contested the issue and submitted that Meikaal Poramboke and Mandaiveli lands can be converted after allocation of equivalent area for grazing purpose. Since the Rule permits for the aforesaid, a prayer is made
not to issue a direction of the nature prayed for by the petitioner.
- We have considered the rival submissions made by learned
counsel for both sides.
- Admittedly, Meikaal poramboke and Mandaiveli lands are earmarked for the purpose of grazing cattles and therefore,
whenever it is to be converted, equivalent land has to be allocated for the said purpose. The provision regarding conversion at times is
being misused and therefore, the Apex Court in the case of Rameshbhai Virabhai Chaudhari v. The State of Gujarat, [Civil Appeal No.5135 of 2021, dated 6.9.2021], which dealt with unauthorised encroachment on gauchar land, i.e., grazing land, held that the grazing land should be used only for the purpose for which it is permitted and no encroachment on such land is permissible. The relevant paragraphs of the said judgment are
quoted hereunder:
“It is trite to say that gouchar land can be used only for purposes for which it is permitted to be used. If there is a user contrary to the permissible user, whether by the State or by any third party, the same cannot go on. Rehabilitation of persons is really not required in the present case as only three persons are entitled to an alternative site as per rules. There is of course some dispute whether the encroachers have made permanent structures or kuchha construction for keeping cattle but be that as it may, the user cannot be contrary to what is being permitted for gouchar land, which is a grazing land.
In view of the aforesaid, a direction is issued to bring the land in conformity with its use by the State Government taking appropriate action within a maximum period of three months from today.”
- Taking into consideration the aforesaid direction read with
the Rules permitting conversion of Meikaal Poramboke and Mandaiveli lands in the State of Tamil Nadu, we find it to be appropriate to direct the respondents not to convert those lands for regularization of encroachment. For other purposes also, conversion of land cannot be permitted unless equivalent area is identified and earmarked for such purpose. Any order to be passed for it shall be only after the prior approval of this Court. It would be by filing a separate application in the disposed of petition, justifying the conversion of lands and the purpose sought to be achieved, so that the judgment of the Apex Court referred to above is taken to its
logical conclusion.
- The writ petition is disposed of with the aforesaid
observation. There will be no order as to costs.
(M.N.B., ACJ.) (P.D.A., J.)
02.02.2022
Index : Yes/No kpl/drm
To:
- The Secretary
Revenue Department, Secretariat Chennai-9.
- The Director
Animal Husbandry and Veterinary Service Nandanam, Chennai-35.
- The District Collector 62, Rajaji Salai, Collectorate Chennai-1.
- The District Collector
Cheyyar Kanchipuram Road
Gandhi Nagar
Collectorate
Kanchipuram-631 501.
- The District Collector
Master Plan Complex NH 205, Collectorate Tiruvallur-602 001.
- The District Collector
Tamil Nadu Housing Board Collectorate, Vellore-632 012.
- The District Collector
Collectorate, GST Road Chengalpet-603 001.
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(kpl)
W.P.No.19286 of 2021
02.02.2022