Making it clear that a court order is not required for the authorities to protect public property that are being encroached, the Madras High Court has held that it is the responsibility of District Collectors to keep them free from unauthorised occupation.
The First Bench of Chief Justice S.K. Kaul and Justice R. Mahadevan made the observation while hearing a plea moved by P. Rajendran, seeking direction to the Tiruvallur Collector to remove all the encroachments on public land in Periayakavanam village.
“It is the responsibility of the Collector to ensure that public land is protected and not encroached upon. This does not require orders from the court,” the Bench said.
The Bench directed the State government to look into the issue and entrust it to officials concerned to ensure protection of public land and to work out methodologies to deter encroachments. The issue relates to encroachment of 13.75 acres of government land in Periayakavanam village.
Pattas for refugees
According to the petitioner, though pattas were given by the Tamil Nadu Refugees and Rehabilitation Department in 1971 for Burmese refugees to build homes on the land, none occupied it.
The petitioner alleged that some anti-social elements had colluded and encroached the land with indirect support of government officials.
It is Collector's responsibility to protect public land from unauthorised occupation: HC
