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In rare move, Highways Dept blocks access to private land

Contrary to the usual practice of private parties either encroaching upon or blocking access to government land, the Highways Department blocked access to 73 cents private land near the Vellore Collector’s office despite the owners moving the court to prove their ownership.

In rare move, Highways Dept blocks access to private land
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The four-ft-high wall being built by the Highways Dep, blocking access to 73 cents of private land inside

Vellore

It all started in 2012 when M Damodaran, owner of the site near a private theatre at Sathuvachary, moved the Madras High Court against the National Highway encroaching upon his land. This resulted in the department categorically stating in the court that they had no intention of using the land or entering it.


Damodaran then moved the court again stating that the property, originally owned by G Krishnamoorthy, was left to his wife Jayanthi and children Pradeep and Divya after his death in December 2010.


The legal heirs partitioned the property in September 2011 and registered before the Vellore joint registrar the same year. Damodaran now requested the court to instruct the Vellore tahsildar to measure the land and issue a patta. The court in its August 16, 2013 order gave the tahsildar two months to do so, but this court order was not obeyed.


Damodaran then filed a contempt petition for disobedience of the court order as the tahsildar refused to issue a patta claiming that the land belonged to the Highways Department despite the latter stating in their counter affidavit that they had intention of using the land. Hence, the court in June 2014 asked Damodaran to challenge it “in the manner known to law”.


Damodaran again moved the court for issue of patta. The court in January 2016 ordered the RDO to pass the appropriate orders within two months and again no action resulted.


Meanwhile, Damodaran was taken aback when the Highways Department suddenly started building a four-feet high compound wall totally blocking access to Damodaran’s 73 cents inside. Damodaran approached the Highways Department and provided proof of land ownership based on which officials said they would stop work.


But work continued despite such assurances and hence Damodaran sought the help of his friend M Anandan, Chairman, Vellore Cooperative Mill, who in turn pulled up the officials for blocking access to private land without allowing any exit.


When this reporter asked the highways officials, they said they were only building a compound wall on the periphery of their property and that they would measure the remaining land to verify its bona fides.


When Damodaran and Anandan visited the site, work was continuing. They immediately called up the highways officials who said they had already measured the land. When both asked why they were not called for the exercise as they were a party to the dispute, there was no reply.


Damodaran told DT Next that a private hospital which had erected advertisement hoarding on his land paid him Rs 24,000 monthly. “The amount is remitted to my account and is an additional proof of ownership, which the department refuses to accept,” he said. And so an uneasy calm now prevails.

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