‘Work together to remove encroachments’

High Court directs the Corporation to join hands with the CMDA and the TNHB to resolve pending issues

CHENNAI, TAMIL NADU, 12/11/2015: The Madras High Court will come under the cover of Central Industrial Security Force (CISF) from November 16, 2015 and 650 of their personnel would be deployed. A scene of Madras High Court premises in Chennai on November 12, 2015. Photo: B. Jothi Ramalingam

With the Chennai Corporation and the Chennai Metropolitan Development Authority (CMDA) attempting to pass the burden of clearing encroachments to each other, the Madras High Court directed both the agencies to sit together and make a call on the action needed.

During the hearing of a plea filed by petitioner S. Kanchana, seeking to remove encroachments in AIBEA Nagar in Mogappair West, the Corporation took a stand that the road in question was not a Corporation road, as the layout plan issued by the CMDA, showed the area as a pathway.

While the Corporation sought to “pass on the burden of clearance of the road” to the CMDA, the latter stated that it was the responsibility of the Corporation.

While the dispute was over a 40-foot road and a 10-foot passage, the First Bench comprising Chief Justice S.K. Kaul and Justice R. Mahadevan directed both the Corporation and the CMDA officials to sit together and take a call on who has to take action to clear the encroachment and bring the area in accordance with the layout plan.

Corporation and TNHB

In another plea, filed by Bharathi Block Kambar Street Residents Welfare Association of Jafferkhanpet, also seeking removal of encroachments, the same Bench directed the Corporation and the Tamil Nadu Housing Board to jointly remove encroachments.

During the hearing of the case, it emerged that the area was developed by the TNHB and as the Board had not handed over the roads to the Corporation yet, the latter was of the stand that it could not provide basic amenities to the area.

In another writ petition, filed back in 2009 by the Tahsildar, it stated that the land belonged to both the Corporation and the the Housing Board and that they would have to remove the encroachments.

“We are of the view that the two authorities, being the Corporation and the Tamil Nadu Housing Board, seek to blame each other for non development of facilities on account of alleged non-handing over of the area and also shift the burden as to who has to remove the encroachment,” the bench said and further directed authorities including the Corporation and TNHB to jointly take a decision in respect of the encroachment removal action.