CHENNAI: The first bench of Madras High Court has quashed eviction notices issued against the occupants of land classified as Adi Dravidar Grama Natham and, citing previous court orders, said that Grama Natham land does not vest with the government.
A bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy recently pronounced the verdict on the petition filed by five members of a family challenging eviction notices issued by the revenue department. The department wanted them to vacate the houses and shops they had built on land classified as Adi Dravidar Grama Natham at Poonamallee so it could be taken over for Chennai Metro Rail Limited (CMRL) construction.
Quoting previous orders, the bench pointed out that Grama Natham land does not vest with the government, which has no “paramount title” to such land, and provisions of Section 2 of Tamil Nadu Land Encroachment Act, 1905 cannot be invoked to evict people occupying the land. The petitions were filed by Sacratice, Inbarasi, Kalaiarasi, Ezhilmaran and Pandian, who have constructed residential and commercial buildings on 456 sq. metres of the land.
‘Can negotiate and work out quantum of compensation’
Their counsel submitted that the authorities, who offered compensation only for the buildings, had issued the eviction notice in violation of the relevant Act. However, AG R Shunmugasundaram contended that the petitioners were not granted patta and as long as they have no patta they are liable to be evicted. He added that since it is “government interest land,” they can be given compensation only for the superstructure (buildings) and not for the land.
However, the bench, citing another judgment, noted, “Patta does not confer title in respect of Grama Natham but it is issued only through the Natham Nilavari Thittam, that is the Natham Land Tax Scheme, only for the purpose of levying tax. Thus, non-issue of Patta by itself will not vest with the government the title.” “Therefore, the questions raised by the AG and the counsel for CMRL are no longer res integra (points of law that have not been decided) and are already decided by the court,” the bench said.
While quashing the eviction notices, it said it would be open to the authorities to negotiate with the petitioners and work out the quantum of compensation. After agreeing to it, the petitioners shall execute documents and hand over possession of the land after receiving compensation, the court said.