TAMIL NADU

Court orders removal of encroachments from land

Special Correspondent

In 1968 an individual donated it to Tiruvottiyur Municipality



Some politically influential persons trespassed upon the open space



CHENNAI: The Madras High Court has directed the authorities to remove encroachments, if any, from an open space meant for public purpose at Old Sathyamurthy Nagar, Tiruvottiyur, after giving notice to those concerned.

In his writ petition, V. M. G. Ramanujam of Ambattur said 6.58 acres belonged to his father. In 1968, his father obtained an approval for a layout for the lands providing for 32 housing plots and an open space of 13,287.67 sq.metres for public purpose with the condition that the open space, earmarked for public purposes such as school, playground and public roads, was to be gifted to the municipal township of Tiruvottiyur.

His father executed a gift deed donating the open space to the local body.

After his father’s demise, some politically influential persons taking advantage of the negligence of the Chennai Metropolitan Development Authority (CMDA) and Tiruvottiyur Municipality trespassed upon the open space and the housing plots and occupied the entire extent of 6.58 acres.

Following his representation, the CMDA directed the municipality to inspect and take necessary action with regard to encroachments; but there was no response from the local body.

He prayed to the court for a writ directing the municipality to implement the CMDA’s order.

In its order, the First Bench comprising the Chief Justice A. P. Shah and Justice Prabha Sridevan said that in furtherance to the gift deed already executed by the petitioner’s father, if any other documents are required to be executed to make the gift of the lands earmarked for public purpose, the same should be executed by the legal heirs and the documents should be accepted by the authorities concerned.

Appropriate action should be taken for removing the encroachments, if any, from the public space within eight weeks from the date of receipt of the documents, after giving due notice to all concerned, the order said.

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