V. B. R. Menon, B. E, MBA(IIMA), LLB v. District Collector, Collectorate, Kancheepuram
2019-03-04
M.VENUGOPAL, S.VAIDYANATHAN
body2019
DigiLaw.ai
JUDGMENT : 2. According to the petitioner, no proper survey/re-survey was conducted for the last 100 years and some of the records, such as Rights/Field Measurement Books/Cadastral Maps are not available, which are reported to be destroyed/damages/outdated. 3. In reply to the above, Mr.Parthasarathy, learned Government Advocate appearing for the respondents has contended that in respect of four Districts viz., Dharmapuri, Nilgiris District, Kanniyakumari and Coimbatore, the survey process is going on and the status will be uploaded in the Government Website, as and when the survey is completed. He has further contended that since Mr.Manishankar, learned Additional Advocate General has already resigned from the post of Additional Advocate General, the respondents are going to engage Mrs.Narmatha Sampath, learned Additional Advocate General for the Respondents. Hence, he seeks further time for engaging the new Additional Advocate General and also for filing a status report. 4. Mr.G.Karthikeyan, learned Assistant Solicitor General of India, appearing on behalf of the 8th Respondent has submitted that that a sum of Rs.11 Crores has been sanctioned to the Government of Tamil Nadu for the purpose of conducting the survey work and as and when the survey commences, the funds would be released periodically to the Government of Tamil Nadu. 5. Recording the afore-stated submission made on the side of the 8th Respondent, this Court directs the Respondent Nos.1 to 7 to complete the process of survey, update the records in the Government Website and file a status report on or before 18.03.2019, with regard to effective completion of updation and also proper utilisation of funds. 6. The authorities may call for the earliest documents, pertaining to registration of properties, which may be of more than 50 years old as of now, FM sketch and the plan layout of that area from the Revenue Department/Municipality/Corporation/the buyer of the property or from the Sub Registrar's Office, which has registered the property at the earliest point of time, as the same would throw light upon illegal encroachments on roads. It is pertinent to mention here that the earliest property documents would give the exact measurement of the area, so that the boundaries of the property can easily be measured from East to West and North to South from the rear end of the property to restore the road width and other public places like Parks, OSR, Odai, etc.
It is pertinent to mention here that the earliest property documents would give the exact measurement of the area, so that the boundaries of the property can easily be measured from East to West and North to South from the rear end of the property to restore the road width and other public places like Parks, OSR, Odai, etc. This process will inure to the benefit of the authorities to find out whether there is a proper set back, apart from illegal encroachments on the public places stated supra. 7. It is worthwhile to refer to the judgment of the Hon'ble Division Bench of this Court in the case of P.Subbulakshmi vs. State and others [W.A.No.654 of 2008] decided on 05.12.2008, in which the provisions to be made for formation of a Town Panchayat as per Section 3-B(1)(a) of the Tamil Nadu District Municipalities Act, 1920, have been discussed in detail, by holding as under: “.....This would clearly show that the State has power to provide for a Town Panchayat (Nagar Panchayat) as provided therein. In terms of Article 243-Q (2), the Governor of a State can constitute a transitional area having regard to the population of the area, density of the population and revenue and other considerations. 20. In the present case, for either constituting a Town Panchayat or a Village Panchayat or for converting a Town Panchayat into a Village Panchayat, adequate provisions have been made under the Tamil Nadu Panchayats Act, 1994 as well as under the Tamil Nadu District Municipalities Act, 1920. Section 3-B(1)(a) of the Tamil Nadu District Municipalities Act, 1920 provides for formation of a Town Panchayat, which reads as follows:- 3-B. Formation of town panchayats. - (1) The Governor, - (a) may having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deems fit, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages and having a population estimated at not less than five thousand and an annual income of not less than one lakh of rupees as panchayat town for the purposes of this Act;" (Emphasis Added).....” List this matter on 18.03.2019 for further hearing.