T. Manjula v. Secretary to Government of Tamil Nadu Department of Revenue, Fort St. George, Chennai
2016-06-27
R.MAHADEVAN, SANJAY KISHAN KAUL
body2016
DigiLaw.ai
ORDER : SANJAY KISHAN KAUL, J. The petitioner is a resident of Arakkonam Taluk, Vellore District and that area is governed by the Sayanavaran Panchayat. The allegation of the petitioner is that from time to time, at least from 2008, complaints have been made about unauthorised conversion of agricultural lands to lay outs, resulting in unplanned urbanisation without requisite permission from the Director of Town and Country Planning / Second respondent and the Village Panchayat/9th respondent. It is alleged that despite these being unauthorised plottings, the documents of title are registered with the Sub-Registrar, Nemili and Kaveripakkam/7th and 8th respondents. Though directions were issued in 2008 to take action, nothing happened and even for future, no preventive measures were taken. 2. The petitioner gives an illustration of the lands comprised in S.No.835-1007, which contain water areas, temple lands, grama natham, poramboke lands etc. It is in these circumstances that the writ petition in the form of Public Interest Litigation has been filed forbearing the respondents from giving approval of conversion of lands into residential lay outs without following the mandatory procedures laid down in G.O.(Ms).No.255 Rural Development (C2) Department dated 18.08.1997 and G.O.Ms.No.71 Rural Development (C2) Department dated 16.06.2003 . 3. The illegality and the nuisance caused to the residents of the villages in Tamil Nadu by such illegal conversion of agricultural lands to residential areas through the process of unapproved lay out plans is a matter of common knowledge. Periodically directions are issued by the Court for taking necessary actions. The problem is at times compounded by the fact that the purchaser may or may not be fully aware, though they are required to make requisite enquiries. The fact that the vendor is able to register the sale deeds seeks to give some impression to the purchaser that this may be a legal transaction, while the fact remains that these are unauthorised lay outs. This results in urbanisation mess apart from the larger issue of how much and where the agricultural land has to be maintained and in what manner. 4. We are of the view that the State Government must take necessary steps to stop such illegal urbanisation while issuing suitable directions to ensure that the registration of documents in such cases is not carried out by plotting agricultural lands into residential lay outs. 5.
4. We are of the view that the State Government must take necessary steps to stop such illegal urbanisation while issuing suitable directions to ensure that the registration of documents in such cases is not carried out by plotting agricultural lands into residential lay outs. 5. We are faced both with the larger issue and this smaller issue in respect of the lands in question. 6. Insofar as the lands in question are concerned, an inspection is required to be carried out through the 6th respondent and a report submitted by respondents Nos.3 and 5 to the second respondent/Director of Town and Country Planning. This exercise be undertaken within a maximum period of one month from the date of receipt of the order. The Director, Town and Country Planning, if it finds that there are unapproved lay outs and there have been sales and construction has taken place, would proceed to take action in accordance with law in respect of the unathorised lay outs within a maximum period of two months thereafter. 7. We also call upon the first respondent to set up an Expert Committee in this behalf, unless ground work has already been done, to look into the measures to be taken to prevent the mushrooming of unauthorised lay outs, the parting of possession and construction thereon and the registration of documents in this behalf. This exercise be undertaken within a period of three months from the date of receipt of the order. 8. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed. 9. The compliance report be filed by all the concerned respondents at least three days prior to the next date of hearing. List for compliance on 30th September, 2016.