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    Encroachers can’t claim right over govt land with tax bills: HC

    Holding that the state should not regularise Open Space Reserve (OSR) and setbacks, as they are like lung space of an area, the Madras High Court made it clear that possessing family ration card, obtaining electricity connection, paying statutory taxes cannot be a ground to demand possession or claim right over property belonging to the Municipality/Panchayat/Corporation/Government.

    Encroachers can’t claim right over govt land with tax bills: HC
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    Madras High Court

    Chennai

    Noting that the above observation is a trite from a catena of decisions of the Apex Court, a division bench comprising Justice M Venugopal and Justice S Vaidyanathan dismissed a plea by an encroacher of government land seeking to restrain the Commissioner, Greater Corporation of Chennai and the Tahsildar, Sriperumbudur Taluk, from evicting him from the property at Sabari Nagar in Mugalivakkam, Chennai.

    Pointing out that the petitioner has not produced any proof to establish his title to the property in question, the bench said, “It is clear that the property in question does not belong to the petitioner though he has been paying necessary charges and a B Memo receipt has also been issued to him.” 

    “The case of the petitioner that no opportunity has been given is not correct, as an eviction notice was given as early as June 15, 1998, and nearly two decades have gone by,” the bench added. Dismissing the petition after observing that even a public park has come up in the place in question and the petitioner cannot be permitted to occupy the place, the bench then directed the state to take steps to evict the petitioner from the place within a month.

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