Chennai: Enraged over the encroached of government land by Chettinad Cement Corporation Ltd in Ariyalur district, Madras high court has directed the Ariyalur district administration to evict company immediately.
Disposing the petition from Chettinad Cement Corporation Ltd, Justice S.M. Subramaniam said the courts cannot be a mute spectator to the encroachment of government land by corporate sector. The court directed the authorities to initiate prosecution against officials for colluding with the company.
“There cannot be any leniency or misplaced sympathy in respect of such encroachments of the government land and authorities competent are duty bound to protect the same in all respects,” the judge said.
In the petition, Chettinad Cement sought to quash the proceedings dated February 10, 2015 of the sub-collector of Ariyalur directing Chettinad Cements to vacate the portion of the government Poramboke land in their possession and enjoyment for a few years.
Justice Subramanian said, the petitioner made an application dated May 5, 2009, with Tamil Nadu revenue secretary of the to utilize the specified government poramboke land, thereby agreeing to pay the prescribed fee, if any, to the government, of which, a copy was also sent to the district collector Ariyalur and commissioner of land administration.
The firm encroached on the land belonging to the government without any authority. It is to be drawn that the petitioner has usurped the powers of the state with an understanding that nobody can raise any objection in respect of such encroachments. They are under the impression that no person in the village can raise any objection in view of their strength and they are confident that they can get such permission even after encroachment.
Such an attitude of the writ petitioner can never be tolerated. If the corporate sector starts encroaching public land with the fond hope that they can violate the rule of law and get permission from the government in their own way, then the courts cannot witness the same as mute spectator.
Such an attitude of the writ petitioner is certainly unwarranted and is to be deprecated, the judge said.
The collusion by the authorities is also to be investigated by the state government. He said “a detailed investigation is certainly warranted. All officials, who have acted unbecoming of a public servant are to be prosecuted under the penal provisions as well as under the disciplinary laws.”
The judge has directed the district collector and sub-collector of Ariyalur to evict the encroachers from the public lands in all respects and further directed the superintendent of police, Ariyalur, to give police protection to officials and posted the matter for compliance after two months.
