MADURAI: Observing that a waterbody should never have been allowed to pass into private hands even if it had become dry, the Madurai Bench of Madras High Court recently refused to grant restitutionary relief to Sivakasi Master Printers’ Association for the demolition of a hostel building constructed by the association on Sirukulam Kanmoi.
The land, which measured around 0.3 acre, was alienated in favour of the association on payment of market value of Rs 4,294 in 1977 on condition that it should be used for the construction of a Graphic Arts School. However, the collector issued some proceedings in November 2015, directing the association to remove the building and hand over the land to the government.
The collector had cited a judgment passed by the Supreme Court to remove all encroachments in the kanmoi; and the fact that the association had breached the condition by running a hostel on the land.
Challenging this, the association had moved the high court, but the authorities demolished the building in October 2016, following which the association sought compensation.
A special bench of Justices GR Swaminathan and B Pugalendhi observed that granting restitution to the petitioner association would not be in public interest as it would lead to reconstruction of a building on a waterbody.
“Alienation made in favour of the petitioner in 1977 was itself improper. Even if a tank had become dry, efforts should be made to restore its original condition,” the judges said. Regarding compensation, the court advised the association to move the appropriate civil court.