The Madras High Court directed the Revenue Secretary, Tiruvallur Collector and Poonamallee tahsildar to appear before it on Wednesday for failing to act against encroachments and illegal constructions despite a court order.
Chennai:
Extracting the order of the first bench that sought not only censure or stoppage of increment for the delinquent officers, but more severe actions like compulsory retirement and even dismissal, the bench said: “It is unfortunate that no steps have been taken by the authorities.”
Summoning officials, including the Revenue Secretary for their lethargic attitude, the bench said “This court had already held that the setback violations cannot be regularised. Documents produced by persons seeking regularisation need to be cross-checked with the revenue records in the sub-registrar office and the land shall be measured east to west and north to south to ascertain the extent of encroachment.”
Also, noting that petition for regularisation was not maintainable when there was an encroachment of road or public place, the bench said the court had held that government orders number 110 and 111, dated February 26, 2017, issued under Section 113-C of the Town and Country Planning Act, 1971, was illegal and cannot be enforced.
“Now, it is easy for the government to reject all pending applications under Section 113-C in one single stroke and any regularisation done based on Section 113-C shall go. That apart, the Housing and Urban Development department shall not reduce the setback, and if so, the government shall take disciplinary action against the officers for dishonesty, moral turpitude and show the concerned officials the doors and deprive them gratuity,” the bench added.
Directing the government advocate to file a status report on the issue on Wednesday, the bench also held that any person can bring it to the attention of the court about any illegality committed by the officials concerned to initiate suo motu contempt against them.
Recording the submission by the petitioners that appeals have already been preferred under Section 10-A of the Tamil Nadu Land Encroachment Act, a division bench comprising Justice M Venugopal and Justice S Vaidyanathan pointed out that the court had passed a detailed order on March 18, which in turn reiterated the order of the first bench on a contempt petition in 2015 against authorities for turning a blind eye to encroachments and regularising illegal constructions.
Extracting the order of the first bench that sought not only censure or stoppage of increment for the delinquent officers, but more severe actions like compulsory retirement and even dismissal, the bench said: “It is unfortunate that no steps have been taken by the authorities.”
Summoning officials, including the Revenue Secretary for their lethargic attitude, the bench said “This court had already held that the setback violations cannot be regularised. Documents produced by persons seeking regularisation need to be cross-checked with the revenue records in the sub-registrar office and the land shall be measured east to west and north to south to ascertain the extent of encroachment.”
Also, noting that petition for regularisation was not maintainable when there was an encroachment of road or public place, the bench said the court had held that government orders number 110 and 111, dated February 26, 2017, issued under Section 113-C of the Town and Country Planning Act, 1971, was illegal and cannot be enforced.
“Now, it is easy for the government to reject all pending applications under Section 113-C in one single stroke and any regularisation done based on Section 113-C shall go. That apart, the Housing and Urban Development department shall not reduce the setback, and if so, the government shall take disciplinary action against the officers for dishonesty, moral turpitude and show the concerned officials the doors and deprive them gratuity,” the bench added.
Directing the government advocate to file a status report on the issue on Wednesday, the bench also held that any person can bring it to the attention of the court about any illegality committed by the officials concerned to initiate suo motu contempt against them.