Madurai
The Madurai Bench of Madras High Court has issued guidelines on survey of properties in future for authorities to follow. The court has also wanted government officials to be held accountable for failing in their duty in conducting such surveys.
Justice S. Vaidyanathan observed, “We are now in the era of global digitalisation and by use of advanced technology / machinery, the survey could be easily done so as to bring the issue to a logical conclusion with the satisfaction of both parties.”
The court said that on receipt of charges towards Survey or Re-survey, it should be conducted within 30 days. The entire process shall be photographed and videographed by authorities.
In case of failure on the part of the official concerned to conduct a survey, the cost of application shall be returned to the parties, apart from recovering ₹ 2,500 from the salary of the official. Departmental proceedings should also be initiated against such officials.
A register shall be maintained with regard to the name of the person who has gone for the survey, area of survey, date of survey, completion of survey, reason for not surveying the property. The same shall be recorded periodically and verified by a superior officer, the court said.
The judge said the details shall be made available to the parties concerned or any person, when required under the Right to Information Act. A constant vigil of the officials of Revenue Departments is necessary to regulate the revenue-related works, he said.
The district administrations shall use drone technology to conduct accurate survey of properties, which will throw light on encroachment on Government lands, like public roads, parks, lakes, odai, etc... the court observed.
Pendency of litigation before courts was not a bar for the authorities to conduct survey or resurvey in the absence of any stay / interim order / interim injunction from proceeding further, the judge said.
The judge lamented that it was unfortunate that officials were demanding bribes even for doing their duties and directed the State to issue a circular on incorporating the guidelines in a month.
The court was hearing the petition filed by Asaithambi of Madurai. Taking into account the delay in the conduct of survey of the property involved, the court passed the guidelines to be followed in the future.