Velachery MRTS: Appeal of land encroachers dismissed

A division bench comprising Justice R Subbiah and Justice P D Audikesavalu, said “We have perused the inspection report, photographs, details of enumeration etc., from which we could see that certain multi-storey buildings and commercial buildings are present in Survey 333. Therefore, most of the persons in favour of whom lands were assigned, were not actually living there.”

“Further, from the inspection report, it could be seen that lots of unauthorised construction have happened and no pattas have been issued in favour of the encroachers. Therefore, members of the appellant association are not entitled to the relief of equity to continue on the lands.”

However, the bench on quoting the single Judge’s order on genuine persons who are likely to be affected, said “If any member of the appellant association in favour of whom originally it was decided to allot one cent of land, is residing there, and not in violation of occupying the same, then the government may decide to allot a land in some other place in respect of those members.”

It may be noted that the single Judge S Vaidyanathan in his order in March had directed the Railways to take the 3.9 acres of land allotted to it within 15 days after holding that from the photographs and videographs produced, it became clear that the members of the association have caused hindrance to the development of the MRTS project.