Examine possibility of alloting areas near work places while rehabilitating encroachers

Chennai

The First bench, comprising Chief Justice Sanjay Kishan Kaul and Justice MM Sundresh stated this while disposing of a PIL by TK Shanmugam, CPI(M) North Chennai Secretary, seeking to direct Collectors of Chennai and Thiruvallur districts to grant patta and regularize encroachments in Menambedu and Korattur villages in Ambattur Taulk as per the Dec 30 2006 and October 03 2008 Government Orders.

"It is not in dispute that the area in question is a water area. In view of the full Bench Judgment of the High Court in this very case, the relief has worked itself out as there cannot be any regularization of such encroachments, on the other hand, the encroachments would have to be removed."

When the petitioner sought a direction to consider for rehabilitation in not too far away area, the bench said it is a policy decision.

It said the schemes where persons are taken completely outside the original inhabitation often do not work out as the beneficiaries give away/sell their rights in these areas to somehow come near the area where they were originally located.

"It is this problem which has been debated and in many places now, the process of development and rehabilitation is being thought of. This emanates from the fact that their occupation which lasted in number of years, the place of work, education etc. makes the people to come back to the area in question."

The bench advised government to examine the aspect of rehabilitation places to somehow come near the area where they were originally located, subject to availability of plots.