Corpn slammed for not removing encroachment citing civil court decree

The Madras High Court came down heavily on the Greater Chennai Corporation for not removing an encroachment based on a decree obtained in a civil suit, while a single judge in an earlier order had directed cancellation of patta to the private person occupying the land.
Corpn slammed for not removing encroachment citing civil court decree
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Taking strong exception to the submission of the Corporation counsel that in a civil suit between the petitioner and the private person, the decree was ruled in the latter’s favour, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy wondered on the amount of money that had gone into greasing the Corporation officials involved for not removing the encroachment as directed by the single judge.
Holding that it was unacceptable that a decree obtained by another party not involving the Corporation had prevented it from removing the encroachment on its land, the Chief Justice said the officials of the Corporation were in league with the private person to perpetuate the possible enrichment, and have not taken any steps in this regard. “There is more to this than meets the eye,” he said.
The bench then directed the Corporation Commissioner to conduct an enquiry as to whether there was any encroachment on Corporation property, the measures taken to remove such encroachment if any, and the extent of delay in taking action. The official was asked to submit a report when the matter was taken up again for hearing on April 29.
The bench also allowed the private party to participate in the survey and inspection to be conducted by the Commissioner and his team to find if there was any encroachment of its land.

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