NEW DELHI: Calling Tamil Nadu's stand "strange and obstinate", the Supreme Court on Monday nudged the state to accept alternative land from SASTRA University rather than demolish its campus over alleged encroachment of 31.37 acres in Thanjavur.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said education as a public purpose distinguished the case from commercial encroachments.
Senior advocate C S Vaidyanathan, appearing for the university, told the apex court that the alternative land offers were ignored, while senior advocate Rakesh Dwivedi for the state said they were unsuitable.
He also said that the state's proposed open-air jail project could not be implemented because of the pending litigation, while the university had continued construction on the encroached land.
Hearing these submissions, the CJI proposed that the state identify land for its open-air jail, and the university buy it, possibly paying 5-10 times the market value as a deterrent. "If the market price comes to you, you buy the land of your choice. Or you identify the land, we will tell them to buy the land for you," the CJI said.
"We are conscious... our order did not encourage encroachments," the bench said, while questioning why the 1985 jail project was not shifted elsewhere.
The CJI clarified that the situation would have been different had the disputed land been used for a commercial establishment rather than for education.
The bench's observations came during the hearing of SASTRA University's plea challenging the Madras High Court's January 9 order upholding the state government's rejection of its request for assignment or exchange of government land and directing its eviction.
The matter was adjourned after the state sought time to take instructions.
It is to be noted that SASTRA is a prominent private deemed university in Thanjavur's Thirumalaisamudram.
