Plea seeking to protect encroachment on waterbody in Ambattur dismissed

Dismissing a plea moved by a woman seeking to restrain the authorities from evicting her from the land classified as ‘Eri-waterbody’, a division bench comprising Justice M Sathyanarayanan and Justice N Seshasayee, said, “It is contended by the petitioner (Mala) that as per the registered sale deed executed in her favour the land has been classified as ‘village Natham’. But in the light of the stand taken by the official respondents that the land in question is still classified as “Government Poramboke/Eri-Waterbody’’, this court is unable to come to the aid of the writ petitioner.”

As per the case, Mala had purchased a 609 square foot plot in Ayyapakkam Main Road in 2011. Thereafter, she had put up a superstructure without planning permit or building license. The Tahsildar, Ambattur Taluk, initiated proceedings under the provisions of the Tamil Nadu Land Encroachment Act, 1905, to evict her.

This was put to challenge and a division bench of this court, had granted liberty to the petitioner to invoke alternate remedy available u/s.10-A (Regularisation) of the said Act. But on rejection of the revision petition, orders of eviction were passed.

Following this, she moved the present plea seeking to quash the eviction notice. She had contended that she alone has been singled out and there are more than 40 other encroachers who are in possession of the adjacent lands and put up superstructures and action is being taken selectively for mala fide and obvious reasons. Countering this, R Udhayakumar, Additional Government Pleader

submitted that the factual aspect as well as the relevant records have been taken into consideration and a detailed speaking order came to be passed by the Additional Chief Secretary to Government, rejecting the revision of the writ petitioner. Based on this, the bench led by Justice Sathyanarayanan dismissed the plea at the admission stage itself after recording the official submission that the encroachments caused by the petitioner had been partly removed.

The bench in its order also cited the full bench order which held that the State under the guise of policy decision cannot regularise encroachments made in water bodies and that all executive orders empowering the revenue authorities to regularise encroachments by issuing patta is illegal. The plea has been posted to November 20 for filing status report.