Remove all encroachments in Nilgiris district, Madras high court tells Collector
The judge said in the event of any failure, negligence or dereliction of duty on the part of the officials concerned.
Chennai: Pointing out that it is the duty of the “state” to clear the encroachments in public places and provide facilities to the public at large for free flow of traffic and bus stand with all essential facilities and infrastructures, the Madras high court has directed the Nilgiris district collector to identify all encroachments in water bodies, water resources and government poromboke lands in the district and take immediate steps to evict the encroachers.
Justice S. M. Subramaniam gave the directive while disposing of petitions from Venkatasubramani and five others, who are running shops in Coonoor bus stand, challenging the notices issued to them by the authorities under the Land Encroachment Act.
The judge directed the Nilgiris district collector to conduct a review meeting with officials concerned of all the departments to identify all the encroachments in water bodies, water resources and government poromboke lands in the district within two weeks.
The Nilgiris district collector is directed to issue suitable orders/instructions/circulars to all the officials concerned to initiate immediate action to evict all such encroachers in government poramboke lands, water bodies and water resources within his jurisdiction by following the procedures as contemplated under the provisions of the Tamil Nadu Land Encroachment Act, 1905 or Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007, which ever is applicable, the judge added.
The judge said in the event of any failure, negligence or dereliction of duty on the part of the officials concerned, then, the Nilgiris district collector was directed to initiate appropriate prosecution and departmental disciplinary proceedings against all such government officials under the Discipline and appeal rules in force. Such a clause must be stated in the circulars/instructions to be issued by the collector, while directing the officials concerned to identify the encroachments in public lands, water bodies and water resources for the purpose of eviction. There cannot be any leniency or misplaced sympathy in respect of the actions to be taken against all such inefficient officials and the officials, who all were committing an act of dereliction of duty, the judge made it clear.
The judge said suitable circulars/instructions to be issued by the Nilgiris district collector to all the officials concerned to protect the government poromboke lands, government properties, water resources and water bodies in the manner prescribed under law.
The Superintendent of Police, Nilgiris district, was directed to provide adequate protections to all the officials concerned for the purpose of initiating actions to evict the encroachers from the government poromboke lands, water bodies and water resources in the district, the judge added.