CHENNAI: A division bench of the Madras High Court has blamed the State government of encouraging encroachers on public land. “As a matter of fact, in this State only, the encroachers are better placed, as they are given an alternate place free of cost by the government in ‘buildings’ constructed by Tamil Nadu Slum Clearance Board,” a bench of Justices M Venugopal (since retired) and S Vaidyanathan pointed out.
The bench was disposing of a PIL petition from V B R Menon, an advocate, to constitute a permanent special task force (STF) with adequate powers and responsibilities to conduct periodic inspections, field surveys and removal of encroachments from all categories of vacant government lands in Kancheepuram and Tiruvallur districts and to take appropriate action to ensure proper utilisation of such properties, including disposal of excess lands within a prescribed time limit. The judges directed the government to constitute the STF with adequate powers.
The bench also placed on record its profound appreciation on the services rendered by Menon, who appeared party-in-person, in the larger public interest. “From the voluminous case records produced by the petitioner-in-person, it could easily be understood that he has taken much pain in the interest of public at large,” the bench said and directed the revenue secretary to pay `50,000 to him within 90 days in appreciation of his paper work. This sum will not be construed as punitive cost fastened on the government, the judges said adding it was to encourage litigants like that of the petitioner having concern on society.
The bench also said that it is its earnest opinion that unless there is a stay of the proceedings by the court, quoting any pendency of the matter, officials of municipality, corporation/CMDA and government officials cannot close the complaints or appeals against encroachment on the ground of pendency of a writ or appeal.If they do so, it will amount to dereliction of duty and they could be proceeded with departmentally so as to bring them within the ambit of not discharging their duties with integrity and devotion to duty, which would dis-entitle their further promotion.
Those officials shall be removed from the said post and posted in a non-sensitive post, if any complaint is made that they are not discharging their duties to the fullest satisfaction, apart from endorsing the same in the service register, the bench said.In case it is established that the officials have co-operated with encroachers, the same would attract moral turpitude so as to deprive their terminal benefits, the bench added.
The judges wondered as to why not even a single case has been produced after the earlier orders of the court with regard to punitive action against erring officials. No action has been taken against erring officials for their inaction to remove unauthorised constructions and encroachment, even though the country’s resources are allowed to be siphoned off by the violators and government officials, without whose active role, there will not be any encroachment.