HC dismisses appeal against removal of encroachers from land assigned for MRTS railway project

Giving the green signal for the much-awaited Phase II of the Mass Rapid Transit System (MRTS), the Madras High Court Wednesday dismissed an appeal against a single judge bench's order directing the Tamil Nadu government to evict 97 encroachers from a land required for the project.

"The learned single judge had deeply analysed the facts and circumstances of the case and has passed a detailed and well-considered order, which needs no interference at the hands of this court," a bench comprising Justice R Subbiah and Justice P D Audikesavalu said in their order here.

The bench dismissed the appeal filed by Annai Indira Gandhi Hut Dwellers Welfare Association of Velacherry, who had challenged a December 29, 2003 state government order, cancelling a 1992 Government Order for allotment of one cent of land (about 450 sq feet) each to the 97 people and allotted the property to the railways.

Noting that only an order was passed and no land assigned, the Court said the government has got equal power under Section 15 of the Tamil Nadu General Clauses Act to revoke or cancel the G.O. already passed.

The bench also said it perused the inspection report, photographs, details of enumeration among others, cited in the single judge's order, and it could be seen that certain multi-storey buildings and commercial buildings have come up in the area.

Therefore, most of the persons in favour of whom originally it was decided to assign the lands, were not actually living there, it said.

Settling the 25-year-old dispute, Justice S Vaidyanathan had in his March 21 order had addressed the petitioner association members not as encroachers but as land-grabbers.

He had directed the government to remove the encroachments immediately and hand over the property to the Southern Railway to be used for the MRTS second phase.